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R&R Insurance Blog

OSHA's Severe Violator Enforcement Program (SVEP)

Posted by Resource Center

The Occupational Safety and Health Administration (OSHA) has rolled out its new program, the Severe Violator Enforcement Program (SVEP) to identify employers with repeated, serious citations, and intend to subject them to increased, multi-worksite inspections and higher penalties.

According to OSHA, the SVEP will “focus increased enforcement attention on significant hazards and violations” by concentrating on employers that have demonstrated “indifference” to workplace safety obligations through willful, repeated, or failure-to abate-violations in four areas:

  1. Fatality or catastrophe situations;
  2. Industries that expose employee to the most severe hazards–among the “high-emphasis hazards” covered by the SVEP are falls, amputations, crystalline silica combustible dust, lead, and excavation and trenching;
  3. Industries that expose employees to the potential release of highly hazardous chemicals;
  4. Egregious enforcement actions.

Once an employer is selected for the SVEP, OSHA will undertake a number of enforcement steps including enhanced follow-up inspections, as well as inspections at other worksites of that same employer—potentially on a nationwide basis. The program includes new features that will allow OSHA to conduct more aggressive multi-worksite inspections against those employers that fall within the program, as well as a nationwide referral program and closer coordination with states having OSHA state plans.

"Higher penalties and more aggressive, targeted enforcement will provide a greater deterrent and further encourage these employers to furnish safe and healthy workplaces for their employees," said DR. David Michaels, OSHA Assistant Secretary of Labor.

In addition, the agency will be increasing civil penalty amounts under SVEP. OSHA said that companies can expect average penalty for a serious violation to increase from about $1,000 to an average $3,000 to $4,000. Future penalty increases would also be tied to inflation.

Topics: OSHA, Resource Center, Business Insurance

OSHA 300 Case Study: The Effects of Over Recording

Posted by John Brengosz

"Better to be safe than sorry." This is normally a good philosophy to live by. But when it comes to filling out your company OSHA 300 log, this is one time where that rule can cost you.

Unfortunately, many of the people assigned to fill out the OSHA 300 log on behalf of their company haven't been the beneficiaries of any formal training. The OSHA log may have been thrown on their desk and because of that, they operate by the philosophy that if I send it into workers' compensation, then I'm going to also put it on the OSHA 300 log. This can result in over recording and inflated incident and severity rates - which could have serious consequences for your business!

The incident rate and severity rate (or DART rate) are two formulas that OSHA uses to measure workplace safety. Safety professionals will use these numbers as a benchmarking tool to compare accident rates for companies nationwide in the same industry – regardless of company size. These rates are an equalizer of companies of all different sizes because it's based on total hours worked in the company.

Incident Rate Formula

Incident rates are determined by taking the number of OSHA recordables (taken from the 300 log at the end of the year) multiplied by 200,000 divided by the total number of hours worked in your company - both by employees and temporary employees.

The DART Rate, which is an acronym for Days Away or Restricted Time, is a measure of accident severity. It counts the number of cases in the calendar year in which a company had an employee away from work due to an injury or who was working under restrictions due to a work injury.

Knowing the above information, let's take a look at a real-world example of a company who was operating with the "better safe than sorry" mentality and how it could have affected their chance to bid on a new piece of business.

CASE STUDY:

We received a phone call from a painting contractor who needed our help because they had to calculate their incident rate in order to bid on a job - it was a requirement of the bid.

In looking at their OSHA 300 log, this painting contractor had 8 incidents recorded in the calendar year. The problem was that they had only worked 90,000 hours that year. Using the formula explained above, we calculated their incident rate at 17.8. This rate was 4 times the national average for painting contractors. For companies or general contractors looking to hire this painter, this is a serious red flag and could likely be a deciding factor in determining if they get the work.

Based on years of experience, our first thought was that they didn't complete the OSHA 300 log properly.

We sat down with this contractor and went through each of the 8 cases on their OSHA log in detail. It turns out that in 3 of those 8 cases, the people never even went to the doctor - which means it shouldn't be on the 300 log. We also noticed a few other inaccuracies. So, when finished, there were only 2 legitimate injuries that should have been entered on the OSHA 300 log. We made the necessary corrections and recalculated their incident rate to be a legitimate 4.44 - which compares very well with the national average of 4.0 for painting contractors.

This new incident rate is something a potential customer or general contractor would feel much more comfortable with, as opposed to the incident rate of 17.8, which would be alarming.

If you're over reporting on your OSHA 300 log, your company can end up with excessively high frequency and severity rates, which can draw the wrong kind of attention. Typically, if OSHA sees a company with a high incident rate, they would be concerned that the company is not controlling the work place. They, along with potential customers, see it as an out-of-control injury situation.

Do you know if your OSHA 300 log is filled out correctly? Are you over recording? What you don't know could be costing you.

Contact us today to set up an appointment and learn how our risk management and loss control experts can help you. If you're interested in learning more about the OSHA 300 log, consider attending one of our OSHA 300 Webinars.

Topics: OSHA, Resource Center, Business Insurance

OSHA 300 log: What is it? Why do companies have to fill it out?

Posted by John Brengosz

The OSHA 300 log, formally known as the "Log of Work-Related Injuries and Illnesses", is used to classify work-related injuries and illnesses and to note the extent and severity of each case. The log itself is really a listing of employee injuries, and any contract or temporary employee injuries that happened during that calendar year. So, if you have temps working for you and they are injured at your work place, you are required to put that on your OSHA 300 Log.

The OSHA log differs from workers' compensation loss runs in that the OSHA log goes on a calendar year basis. Your work comp policy may go from July 1st to July 1st, but the OSHA log is always on a calendar-year basis.

If everybody has Workers' Compensation Loss Runs why do we have to do OSHA record keeping?

The short answer: Because OSHA says so.

The long answer: OSHA wanted a consistent way to track and measure injury rates throughout the country for various industries - the OSHA log allows them to do that. OSHA wants to capture the injury data from all the different companies in the U.S. They don't simply rely on workers' compensation records because workers' compensation laws vary from state to state and there can be differences in the individual laws - what's considered an injury, how much is paid, etc. But, with OSHA record keeping, it's supposed to be consistent from state to state across America. This is important because it allows OSHA to look at a company in Georgia and very directly compare it to a company in California, as far as injury rates are concerned.

What must be put on the OSHA 300 log?

Cases must be logged on the OSHA 300 Log if:

  • There is a death
  • Days away from work
  • Job transfer or restriction
  • Loss of consciousness
  • Other recordable case

Most of these are easy to make a determination on. The one that is open for a lot of debate is the "other recordable case." We can tell you from experience, that if a company is skimping or putting too much on their OSHA 300 log, most of the time it's due to the "other recordable case" and how a company decides to interpret some of those standards that OSHA has set for this category.

It's important to know which companies are required to fill out the OSHA 300 log, what you should be putting on your log and why putting too much on your log can really hurt you. We will discuss all of these issues in upcoming blog posts. Be sure to check back frequently, or subscribe to our RSS Feed to automatically be updated on when new articles are published.

OSHA 300 Log Free Webinar:

December 14, 2010
January 20, 2011

Topics: OSHA, Resource Center, Business Insurance