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  • The National Institute for Occupational Safety and Health (NIOSH) recently released a set of best practices to better protect temporary workers on the job. The mission of NIOSH is to develop new knowledge in the field of occupational safety and health and to transfer that knowledge into practice. Before we dive into the latest best practices, let’s define what a temporary worker is. Temporary workers are paid by a staffing company and assigned to a host employer, which can be short and long-term work. Host employers are responsible for protecting the safety and health of all workers, whether they’re temporary or permanent.

    As an employer or, in this case, a host employer, you must find every way possible to ensure the safety of your employees. Luckily, NIOSH came up with a list of best practices. They broke the best practices into four sections which include:

    • Evaluation
    • Contracting
    • Training
    • Injury

    Evaluation

    Host employers (HEs) and staffing companies (SCs) must evaluate all aspects of safety and health related to each organization and the jobs temporary workers are being hired to execute. To accomplish this, host employers should take the following steps:

    • Conduct a joint risk assessment
    • Provide information
    • Allow site visits
    • Ensure commitment to safety and health

    Contracting

    The joint structure requires effective communication and a common understanding of the division of responsibilities for safety and health at all required levels within each organization. The responsibilities must be reviewed often and set forth in a written contract between HEs and SCs. The following information needs to be specified clearly in the written contract:

    • Job details
    • Communication/documentation responsibilities
    • Injury and illness reporting, response, and record-keeping responsibilities
    • Other aspects of workplace safety and health

    Training

    The Occupational Safety and Health Administration (OSHA) states that in most cases, the HE is responsible for providing site – and task–specific safety and health training, and the SC is responsible for providing general safety and health awareness training. Safety and health training must be provided for all temporary workers before starting new projects or new jobs/tasks on existing assignments. In addition, these trainings must be in a language your temporary workers understand while also including the following information:

    • Approved tasks
    • Hazard identification and control
    • Personal protective equipment
    • OSHA laws
    • First aid
    • Emergency procedures
    • Reporting safety and health incidents and concerns
    • Secure site
    • Safety and health program participation

    Injury And Illness Reporting, Response, And Recordkeeping

    Finally, to prevent future incidents from occurring, effective injury and illness reporting, response, and recordkeeping are vital. It’s essential that HEs implement the following:

    • Promote injury and illness reporting
    • Inform the staffing company
    • Report to OSHA
    • Conduct joint incident investigations
    • Coordinate medical treatment and return to work
    • Record on OSHA 300 Log
    • Complete staffing company documentation
    • Fulfill records request

    Partner With GMS To Keep Your Employees Safe

    The outlined best practices announced by the NIOSH are just the beginning. You have the information in front of you, but how will you begin to implement them within your business? That’s where GMS comes into play. At GMS, we understand that business owners cannot keep operations running and thriving without a healthy and efficient workforce. Therefore, it’s essential to ensure your employees are given the tools to succeed while also ensuring you have created a culture of safety to minimize any risk their daily activities may carry. We help you take a proactive approach to workplace safety through various services, including:

    • Onsite consulting
    • Jobsite inspections
    • Accident and injury investigations
    • Training
    • OSHA inspection and citation assistance

    Contact our safety experts today to learn more.

  • On December 12th, 2022, Governor Kathy Hochul signed legislation establishing Carlos’ Law. Under this bill, corporate criminal liability for death or serious physical injury of an employee, whether a felony or misdemeanor, will be increased by a fine of up to $500,000.

    Carlos’ Law

    Carlos’ Law is named after Carlos Moncayo, a 22-year-old construction worker who tragically died at a New York City construction site in 2015. He was killed in the workplace because his employer ignored the repeated warnings of the dangerous conditions he was placed in.

    This law raises the financial penalties employers may face for workplace fatalities from a minimum of $5,000 and a maximum of $10,000 to a minimum of $300,000 and a maximum of $500,000. Under the new legislation, a corporation is guilty of criminal corporate liability for the death or injury of a worker when it negligently, recklessly, intentionally, or knowingly causes the death or serious physical injury of its employees while on the job.

    The law will do the following:

    • Impose criminal liability on a corporation when the conduct constituting the offense is committed by an agent of the corporation while acting within the scope of their employment and on behalf of the corporation, and the offense is “in relation to a crime involving the death or injury of a worker
    • Require a court to set restitution or reparations when a corporation is found guilty of an offense involving the death or injury of a worker
    • Impose a fine of not less than $500,000 nor more than $1 million when a corporation is convicted of a felony involving the death or injury of a worker
    • Impose a fine of not less than $300,000 nor more than $500,000 when a corporation is convicted of a misdemeanor involving the death or injury of a worker

    The ultimate goal of Carlos’ Law is to – “increase punitive measures so that corporations and their agents who ignore or fail to follow safety protocols and procedures and put workers at risk are less likely to write off serious workplace injuries as a minimal cost of doing business, and more likely to give workplace safety the serious attention it requires.”

    Stay Compliant, Partner With GMS

    As a business owner, it’s essential that you take all steps necessary to ensure the safety of your employees. The last thing you want is for an employee to get injured on the job. Add the hefty penalties you could face for not complying with the laws and regulations within each state. Whether you have a business in New York or not, there are always rules in place to ensure you provide a safe work environment for your workers. When you partner with GMS, our safety experts ensure you’ve created a culture of safety to minimize any risks your employees’ daily activities may carry. We help you take a proactive approach to workplace safety through various services, including:

    • Onsite consulting
    • Jobsite inspections
    • Accident and injury investigations
    • Training
    • Job hazard analysis and standard operating procedures
    • OSHA inspection and citation assistance

    Make your work environment a safer place, contact us today.

  • The Occupational Safety and Health Administration (OSHA) announced its citation of Amazon for failing to record and properly report work-related injuries and illnesses. The proposed penalties totaled $29,008.

    What Went Wrong

    Amazon is the world’s largest online retailer and a prominent cloud service provider. They have transitioned into an internet-based business enterprise largely focused on providing e-commerce, cloud computing, digital streaming, and artificial intelligence (AI) services. Amazon has over 1.3 million employees throughout the world.

    That said, they still made mistakes that cost them a hefty fine from OSHA. They were cited for 14 recordkeeping violations which included the following:

    • Failing to properly record worker injuries and illnesses
    • Misclassified injuries and illnesses
    • Failed to report injuries and illnesses within the required timeframe
    • Did not provide OSHA with timely records

    These citations followed site inspections in July and August at Amazon warehouse facilities in Deltona, Florida; Waukegan, Illinois; New Windsor and Castleton, New York; Aurora, Colorado; and Nampa, Idaho. The company has 15 days to comply with or contest the citations.

    How To Avoid This From Happening To Your Business

    Even with a company such as Amazon, ensuring you stay compliant and keep your employees safe is still challenging. However, there are resources available to business owners to help prevent these situations from happening. When you partner with a professional employer organization (PEO) like GMS, we have experts and resources in place to prevent situations similar to Amazon from happening. Should one of your employees get injured on the job, our partnership with CarivaCare provides our clients with 24/7 access to the workers’ compensation nurse triage program. You are quickly connected with knowledgeable, caring professionals who will assist your employees. We also have a team of safety experts who will visit your facility to ensure it is as safe as possible for you and your employees, thereby preventing injuries. Contact us today to learn more.

  • NOX US, an Ohio vinyl tile manufacturer faces over $1.2 million in proposed penalties from the U.S. Department of Labor Occupational Safety and Health Administration (OSHA). Since February 2017, there have been seven worksite injuries after incorrectly following mandatory machine safety procedures. In addition, NOX US recorded at least 13 serious injuries at the Fostoria, Ohio, plant which were caused by exposure to burn and amputation hazards. All incidents put the Fostoria plant on OSHA’s Severe Violator Enforcement Program in 2017.

    NOX US LLC

    NOX US was founded in 1994 and focuses on luxury vinyl tile flooring innovation, design, and manufacturing for global customers. They continue to lead the industry with innovation and expertise. In addition, they offer superior quality control with their integrated vertical production system. They control the complete manufacturing process in their facilities to meet their customers’ various needs.

    The Most Recent Incident

    On April 28th, 2022, OSHA inspectors responded after a worker suffered severe injuries after being caught in a machine on the worksite. This inspection found that the worker’s finger was caught in a rotating spindle on a plastic winding machine and their body was pulled around the machine’s spindle. This employee was at the company for only six short weeks and suffered multiple severe injuries requiring surgery. OSHA cited NOX US with the following:

    • Eight willful violations
    • One repeat violation
    • Six serious violations
    • One other-than-serious violation for exposing workers to machine hazards, lacking personal protective equipment, and failing to train their workers on safety hazards and precautions

    Be Proactive Before It’s Too Late

    While this is a terrible accident that could’ve been prevented, it’s vital you use this example as a lesson to get the protection you need. Thankfully, GMS can help business owners take a proactive approach to workplace safety through various services. These strategies include:

    • Onsite consulting
    • Jobsite inspections
    • Accident and injury investigations
    • OSHA inspection and citations assistance
    • And more!

    Contact GMS today to talk to our safety experts to ensure you’re following all rules and regulations as well as keeping your employees safe.

  • General Aluminum Manufacturing Company, located in Wapakoneta, Ohio, was recently cited for exposing workers to workplace hazards. As a result, they face $480,000 in proposed penalties. This follows a previous inspection conducted by the U.S. Department of Labor’s Occupational Safety Administration (OSHA) earlier this year.

    In February 2022, OSHA found a band saw and quench tank that lacked adequate machine guarding. In addition, the company failed to train workers in performing service and maintenance tasks on industrial machinery for energy control procedures. Due to the lack of proper training, some workers experienced amputation, caught-in, and struck-by hazards. These citations were also issued for these violations at the Conneaut and Ravenna facilities.

    In June 2022, OSHA also cited the Conneaut plant for eight additional violations and assessed $315,952 in proposed penalties.

    General Aluminum

    General Aluminum Manufacturing Company offers engineered casting solutions. They produce machined aluminum castings for the automotive and non-automotive industries. In addition, they offer their customers low-pressure permanent molding, permanent molding, semi-permanent molding, lost foam, and high-pressure die castings. The company employs around 1,200 workers across the U.S., with 137 employees at the Wapakoneta location.

    OSHA Penalties They Face Today

    The most recent OSHA inspection conducted in the Wapakoneta facility cited the company with:

    • One repeat
    • Two willful
    • 10 serious violations for exposing workers to fall hazards while working on top of casting machines, burn hazards due to water accumulation around casting machines, and using improper personal protective equipment

    OSHA inspectors determined worker exposure to electrical and arc flashes, confined space, and powered industrial vehicle hazards. General Aluminum has 15 business days from the day they received the citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent OSHA Review Commission.

    Do You Want To Make Your Workplace Safer?

    GMS can help business owners take a proactive approach to workplace safety through various services through the following strategies:

    • Onsite consulting
    • Jobsite inspections
    • Accident and injury investigations
    • Training
    • Job hazard analysis (JHA) and standard operating procedures (SOP)
    • OSHA inspection and citation assistance

    Take this concrete example from a manufacturing company as a reminder to act now before it’s too late. Don’t wait for OSHA to knock on your door; let GMS safety experts inspect your facility first. Learn more today.

  • The Occupational Safety and Health Administration (OSHA) requires employers to implement a hearing conversation program when noise exposure is at or above 85 decibels averaged over eight working hours, or an eight-hour time-weighted average (TWA). The purpose is to prevent initial occupational hearing loss, preserve and protect remaining hearing, and equip workers with the knowledge and hearing protection devices necessary to safeguard themselves.

    Workers exposed to loud noises face the possibility of killing the nerve endings in their inner ears. This results in permanent hearing loss that cannot be corrected through surgery or medicine. Loud noise in a workplace environment causes:

    • Physical and psychological stress
    • Reduces productivity
    • Interferes with communication and concentration
    • Contributes to workplace accidents and injuries by making it difficult to hear warning signals

    Hearing Conservation Program

    Employers are required to measure noise levels, provide free annual hearing exams, and conduct evaluations of the adequacy of the hearing protectors in use. Research shows that employers who take specific measures by implementing hearing conversation programs have higher levels of productivity from their workers and a lower incidence of absenteeism. All employers must repeat monitoring whenever changes in production, process, or controls increase noise exposure.

    Understand Your Noise Levels

    You can use different methods to measure the noise levels within your workplace. These include:

    • Sound level meters
    • Noise dosimeters
    • Octave band analyzers

    A good rule of thumb is if you need to raise your voice to speak to someone standing three feet away, the noise decibels might be too high. The National Institute for Occupational Safety and Health (NIOSH) created an app, Sound Level Meter, an additional tool individuals can use on their devices to measure sound levels. In addition, you can use quitter machines, isolate the noise source, limit worker exposure, or use effective protective equipment.

    Improve Workplace Safety

    At GMS, our safety experts work with you to ensure employee safety. Luckily, it’s possible to protect your employees from excessively loud noise that could cause complete hearing loss. Be proactive and ensure the safety of your employees now before it’s too late.

  • Companies have been forced to review their emergency plans and create anti-violence training as a result of several factors. With the recent spike in shootings and other acts of violence affecting workers, protocols must change. If you add that to an increase of employees returning to work following the COVID-19 pandemic, you might need to reconsider your emergency action plans to reduce workplace violence.

    Workplace violence is “violence or the threat of violence against workers. It can occur at or outside the workplace, ranging from threats and verbal abuse to physical assaults and homicide, one of the leading causes of job-related deaths.”

    The Occupational Safety and Health Administration (OSHA) requires workplaces to have an emergency action plan to facilitate and organize employer and employee actions during workplace emergencies. Did you know, on average, nearly two million U.S. workers report being a victim of violence at work? The U.S. Bureau of Labor Statistics reports that the annual number of workplace homicides is nearly 400.

    How Employers Can Protect Their Employees

    Employers must establish a zero-tolerance policy toward workplace violence against or by their employees. If you do not already have a workplace violence prevention program set in place, consider doing so immediately to ensure the safety of your employees. Another option is to add a new section to your employee handbook regarding workplace violence. It’s imperative that the policy is clear and understood by all employees so that if an accident occurs, all workplace claims are investigated and dealt with promptly.

    In the event of workplace violence, take the following actions:

    • Encourage employees to report and log all incidents and threats of workplace violence.
    • Provide prompt medical evaluation and treatment after the incident.
    • Report violent incidents to the local police.
    • Discuss the circumstances of the incident with human resources.
    • Offer stress debriefing sessions and post-traumatic counseling services to help employees recover from a violent incident.
    • Investigate all violent incidents and threats, monitor trends in violent incidents by type or circumstance, and institute corrective actions.
    • Discuss changes in the program during regular employee meetings.

    Create A Plan Before It’s Too Late

    At GMS, the safety of our clients is at the top of our priority list. Our experts create and update our clients’ emergency action plans with the latest laws and regulations. Furthermore, HR experts at GMS enhance your employee handbooks to ensure that your employees are protected and adhere to a zero-tolerance policy for workplace violence. Don’t let your employees be at risk. Contact us today.

  • Ohio Governor Mike DeWine signed into law Ohio Senate Bill (S.B.) No. 215. This will permit any “qualifying adult” to legally carry, possess, or conceal a handgun without a license, background check, or training requirements.

    Individuals who are considered a qualifying adult include:

    • Those who are 21 years of age or older
    • Legal residents
    • Not a fugitive
    • Not a subject to a protection order
    • Have not been hospitalized or adjudicated mentally ill
    • Have not been dishonorably discharged from the military
    • Do not have a conviction or delinquency for a felony, a drug offense, domestic violence, one misdemeanor offense of violence within three years or two within five years
    • Are not otherwise forbidden under state or federal law

    Before this bill, in order to obtain a concealed handgun license in Ohio, an Ohio resident must:

    • Submit an application to the county sheriff
    • Pay an initial $67 fee
    • Pass a background check
    • Complete eight hours of training
    • Pass a written exam

    What This Means For Employers

    The law still authorizes employers to establish, maintain, and enforce policies prohibiting individuals from carrying handguns or firearms in company buildings or within company vehicles. Private employers are “immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a [person] bringing a handgun onto the premises or property of the private employer, including motor vehicles owned by the private employer, unless the private employer acted with malicious purpose.”

    The main change for employers to be aware of under the new law involves the storage of its employees’ guns in parked cars on company property. A law passed in 2017 allowed employees with a valid concealed carry license to bring firearms and ammunition in their privately owned vehicle onto their employer’s parking lots, as long as they follow specific guidelines. Senate Bill 215 now gives all qualifying adults the same rights effective June 13th, 2022. Employers should consider revising their current employment policies to reflect the new law.

    Protect Your Employees And Your Business

    Since rules and regulations are constantly changing, keeping your business operations up to date is important. Partnering with GMS will provide your business with experts that will handle these ever-changing rules and regulations. Are you worried about Ohio’s new firearm law’s effects on your business? GMS will provide onsite training to ensure your employees are compliant with the law. Do you need to update your employee handbook? Employees at GMS will work diligently to create a handbook corresponding to Senate Bill 215 and identify specific steps employees must take. Get a quote today.

  • According to the Texas Department of Insurance, Division of Workers’ Compensation (DWC), during the first 27 months of the COVID-19 pandemic, the number of workers’ compensation claims increased by 20%. The DWC oversees the administration and operation of the Texas workers’ compensation system.

    The goals of DWC are to ensure:

    • Each employee is treated with dignity and respect when injured on the job
    • Each injured employee has access to fair and accessible dispute resolution processes
    • Each employee that is injured has access to high-quality medical assistance
    • Each injured employee receives services to facilitate their return to work as soon as it’s considered safe and appropriate by their health care provider

    Since May 1st, 2022, insurance companies have reported over 83,000 COVID-19 claims and 448 fatalities to DWC. More than half of these claims were shown to be injured employees who tested positive for COVID-19. As a result, insurance companies:

    • Accepted 58% of positive test claims
    • Denied 42% of positive test claims

    With that being said, out of the 21,000 claims that were denied, there were only 184 disputes filed with DWC. A report stated that this was the highest number of claims and has interrupted a 20-year trend in Texas of fewer workers’ compensation claims reported each year. 51% of COVID-19 claims were in the public administration sector – first responders, correctional officers, and prison workers. 18% of the claims accounted for health care workers and social assistance.

    Carriers have paid a total of $40.6 million in medical costs on COVID-19-related claims that were reported to an insurance carrier as of March 31st, 2022. However, 76% of these costs have been paid by political subdivisions, 20% from insurance carriers, and 4% from the state of Texas.

    How You Can Lower Workers’ Compensation Rates

    The formula for determining your company’s workers’ compensation rates is complex; however, the concept is simple. The more claims an employee files, the higher your rate will be. GMS’ experts work hard to help you save time and money and prevent your workers from being injured on the job. Our team will work with you to reduce the risk of workplace accidents so that your business has fewer, less severe claims over time by using the following:

    • Risk assessments
    • Safety training programs
    • Development of safety manuals
    • Development of safety guidelines for employees
    • Workplace inspections and guidance on OSHA compliance
    • Help implement a drug-free and drug-testing program

    GMS’ workers’ compensation claims management team provides businesses with more than just cost savings. Most importantly, you gain a partner that oversees the process of claims management. We work closely with carriers to ensure that your best interests are always at the forefront. Contact us today to get your workers’ compensation risk under control.

  • The Occupational Safety and Health Administration (OSHA) announced that they will begin the enforcement phase of its emphasis program to prevent workplace hearing loss. Although this program focuses mainly on manufacturing industries, occupational hearing loss is a widespread concern.

    OSHA reported that more than 30 million workers in the United States are exposed to hazardous noise each year causing thousands of workers to suffer from hearing loss that could have been prevented. Hazardous noise levels within the workplace are not only a concern for hearing loss but also contribute to other causes of physical and mental stress, ultimately, lowering employee productivity.

    With OSHA’s new regulations on occupational noise exposure, employers are now required to implement a hearing conservation program when employee noise exposure is equal to or exceeds an 8-hour time-weighted average (TWA) sound level of 85 decibels (dBA). The OSHA permissible exposure limit (PEL) for noise is 90 dBA as an 8-hour TWA.

    Now, you may wonder, how can I prevent my employees from being exposed to hazardous noise? There are sound-measuring instruments available to measure noise levels which include sound level meters, noise dosimeters, and octave band analyzers. If you have access to mobile iOS devices, you can download the Sound Level Meter app as well. Partnering with a PEO like GMS can also ensure the safety of your employees.

    How GMS Can Help With Workplace Safety

    We understand that business owners can’t keep operations running and thriving without a healthy and efficient workforce. Your employees need the resources and tools to succeed while you are ensuring you’ve created a safe work environment. GMS helps small business owners take a proactive approach to workplace safety through a variety of services. We provide onsite consulting, job site inspections, accident and injury investigations, training, job hazard analysis and standard operating procedures, and OSHA inspection and citation assistance. If you want to make your workplace a safer place, contact us today.