New OSHA Hazard Communication Rules

There are changes coming to the hazard communication rules.  These changes focus on how risks associated with chemical hazards in the workplace are conveyed to employees.  The new communication standard is based on the Globally Harmonized System (GHS).  As the name indicates, GHS is meant to be universally adopted to simplify hazard communication.  These changes go into effect for employers on December 1^st, 2013.

OSHA's training on the upcoming changes are broken down into three categories: safety labels, pictograms and Safety Data Sheets (training located on this link).  The new safety label standard was devised as a consistent manner in which to quickly inform employees as to the types of hazards, as well as any required precautions, when working with a chemical.  Pictograms were created to replace the multiple methods used to communicate types of hazards (click here to download pictograms). These pictograms are meant to allow an employee, with just a quick glance, to understand which hazard is associated with what chemical. For example, the pictogram of a gas cylinder lets an employee know they are handling a gas under pressure. Finally, the Material and Safety Data Sheets (MSDS) have been reformatted and renamed Safety Data Sheets (SDS).  The new SDSs are laid out in a more coherent outline as the old MSDSs were inconsistent between manufacturers and often required several minutes for an employee to find a piece of information.  In an emergency, time is very important when trying to locate the section discussing how best to administer first aid.

Available training:

There is an interactive online course from SAIF on Oregon OSHA's website (click here). Additionally, Oregon OSHA is putting on two classes in December.  These are in Eugene on 12/10/2013 and Milwaukee on 12/12/2013.  To register, click this link.

What to do:

Train your employees on the new standards as well as provide a refresher on the old standards.   Some manufacturers will be rolling out SDSs in 2013 while others will still use MSDSs through 2014 and even into 2015. Use the online course, go over some examples of new labels and SDSs then review the pictograms. The rest of your hazard communication plan will remain the same. Be sure to document what you covered in the training and who was trained.  If you need assistance with the new standards please contact me.

Federal OSHA’s summary and FAQs:

https://www.osha.gov/dsg/hazcom/index.html

Arin J. Carmack

Should Your Small Business Offer Health Insurance in 2014

For a good part of 2013 I have been speaking to small businesses about the Affordable Care Act (ACA).  At those speaking engagements employers have expressed concern about what should they do in 2014.  Should they provide health insurance, can they afford it or is it better to just wait and see what happens in the latter part of 2013 before making a decision?  There is no easy answer.  The answers to these questions vary depending on each small business owner’s situation.  In creating the ACA there was no stick to entice small business owners into offering health insurance but there is a carrot.  The stick in getting employers to provide coverage is directed at large employers. Small employers are not subject to an employer mandate tax/penalty of $2000 if they do not provide health insurance (see article here).   A carrot in the form of a tax credit was extended to small businesses with less than 25 employees.  These businesses may qualify for a tax credit on the health insurance premium paid by the business (see article here).  If you currently offer coverage then avail yourself of the tax credit.  If you do not offer coverage but are reviewing your options consider how an employer plan may affect your employees.  When offering an employer group plan, any Federal tax benefits (subsidies) for employees may no longer be available.  Individuals (employees shopping in the individual health care exchange market) may be eligible for a subsidy of some sort, like a tax credit, which is dependent on income level and family size.  By taking into consideration your employee’s ability, and maybe your own, to obtain a tax subsidy you can better quantify the subsidy benefits vs. a small business tax credit coupled with a tax deduction for premiums (most health insurance is a tax write off but verify this with your CPA). Unfortunately the tool to determine a possible tax credit subsidy is one of the major problems the Oregon and Federal health insurance exchange websites are experiencing (links below).  Hopefully that problem will soon be fixed and with that information it will allow you to make a more fully informed decision.

Oregon Health Insurance Exchange

www.coveroregon.com

Federal Health Insurance Exchange

www.healthcare.gov/