Sunny Corona, CSP
Custom Safety Services
The proposal describes revisions to the current Walking-Working Surfaces and Personal Protective Equipment ( Fall Protection Systems) standards for General Industry. For example, the current Walking-Working Surfaces standard, for General Industry, allows employers to provide outdated and dangerous fall protection equipment such as lanyards and body belts. Use of this type of equipment can result in workers suffering greater injury from falls from elevations. Among other revisions, body belts will be strictly prohibited.
The current Walking-Working Surfaces standards also do not allow OSHA to fine employers who let workers climb on certain ladders without fall protection. Under the revised standards, this restriction would be lifted, allowing OSHA inspectors to fine employers who jeopardize their workersʼ safety by allowing them to climb these ladders without fall protection.
In summary: OSHA believes that the proper use of personal fall protection systems can protect employees from injury and death due to falls to different elevations. The proposal increases consistency among construction, maritime and general industry standards and eliminates duplication.
About the Author
Sunny Corona is a Managing Member of Custom Safety Services, LLC and is a Certified Safety Professional with 30 years in the safety field. Custom Safety Services LLC is a safety consulting / training firm specializing in OSHA compliance, fleet safety, office/industrial ergonomics, anti-harassment and workplace violence awareness training.
Sunday, July 11, 2010
OSHA proposes revisions to the walking-working surfaces and personal protective equipment standards for General Industry
Friday, July 2, 2010
Health Care Reform and Employer Sponsored Wellness Programs
By: Daniel C. Ritson, Esq.
Hertzen, Burstein, Sheridan, Cevasco
Bottinelli, Litt & Harz, L.L.C.
Sweeping health care reform was signed into law by President Barack Obama on March 23, 2010. The health care reform law contains new provisions regarding wellness programs that will hopefully result in renewed and increased interest in such programs. Two such provisions may be of particular interest to employers and employees:
• Beginning in 2011, certain smaller employers can take advantage of a $200 billion grant program for assistance in establishing wellness programs.
• Currently, an employer may offer a reward to an employee for participation in a wellness program worth up to 20% of the cost of coverage under the employer’s health insurance plan. As of 2014, the maximum reward permitted will rise to 30% of the cost of coverage. That percentage may even be raised to 50%.
This latest attention to wellness programs should serve as further incentive for employers to establish such programs, which generally contribute to an employer’s financial well-being. According to one study, wellness programs may save an employer over $3 for each $1 dollar spent on a program. Therefore, the present time is as good a time as any for employers who currently offer wellness programs, or who plan to begin offering such programs, to review the law regarding legally viable programs to be sure they are considered “nondiscriminatory.” The following is a brief summary of the requirements of a nondiscriminatory wellness program.
The first step an employer must take is to determine whether its wellness program is subject to the nondiscrimination rules to begin with. If the wellness program is not a part of the group health plan offered by the employer to its employees, the program is not subject to the nondiscrimination rules (although it may still be subject to other federal and/or state laws). The employer also must consider whether the wellness program discriminates on the basis of a “health factor.” A health factor means, among other things, a medical condition, medical history, or disability. If an employee must meet a standard related to a health factor in order to receive a reward under the wellness program, such as a discount on the employee’s health insurance premium, then the program discriminates on the basis of a health factor. An example would be a wellness program that provides a waiver of insurance premiums for employees whose cholesterol is under a certain level.
If an employer’s wellness program does not relate to the employer’s group health plan or does not discriminate based on a health factor, the nondiscrimination rules do not apply. Assuming that the rules do apply, though, the employer must take the next step of determining whether its wellness program complies with the rules. In order to comply with the nondiscrimination rules, a wellness program must have the following characteristics:
• The reward offered to employees under the program must not exceed 20% of the cost of health coverage. (Remember that this figure will rise to 30% or higher in 2014.)
• The program must promote health or prevent disease.
• Individuals who participate in the program must be given a chance to qualify for the reward offered under the program at least once per year.
• The reward offered under the program must be available to all “similarly situated individuals.” Also, the program must offer a reasonable alternative method for obtaining the reward to a person for whom it is unreasonably difficult or medically inadvisable to attempt to meet the program’s general standard.
• The program must disclose the availability of a reasonable alternative of obtaining the reward in all materials describing the program.
By tailoring wellness programs to comply with the above rules, employers can offer their employees a healthy and constructive means of saving money, while also benefitting financially in their own right. With health care reform providing for greater rewards than ever before, now is the time for employers who have not yet taken the wise step of implementing a mutually beneficial wellness program to strongly consider doing so.
The above merely summarizes and paraphrases certain portions of the law concerning employer sponsored wellness programs and does not constitute legal advice. The statutes and regulations governing wellness programs are complex. Employers should always consult legal counsel when constructing and implementing such programs.
New Rule to Restrict NJ Small Employers Healthcare Options
By: New Jersey Business & Industry Association
Small employers will have their ability to buy multiple health insurance plans for employees curtailed in the next few months. Currently, many small employers choose to offer their employees more than one health insurance plan. This might be a lower cost HMO and a more expensive point of service (POS) plan with an out-of-network option.
The rule change made by the New Jersey Small Employer Health Coverage Board (SEH) would restrict small employers’ purchasing options to as few as just one health insurance plan, unless a health insurance carrier opts to allow the small employer more options.
Specifically, the board voted to require health insurance carriers to issue only one health insurance plan, of the many they offer, to a small employer. It will be the health insurance carrier’s option to choose to sell more than one plan. Health insurance carriers will still offer a variety of plans, but the new rule will limit how many of these plans an employer could choose to offer its employees.
I am interested in your comments on this new policy. Does your company currently offer more than one plan to employees? If yes, are the plans issued by the same carrier or different carriers?
Please share your comments with me via e-mail at cstearns@njbia.org or by calling me at the office (609) 393-7707 x-260. I look forward to hearing from you.
