OSHA Scraps Obama Workplace Injury Reporting Rule; 6 States Sue

By | March 11, 2019

  • March 11, 2019 at 2:32 am
    Jen MCDade says:
    Well-loved. Like or Dislike:
    Thumb up 20
    Thumb down 1

    I agree with this “If we don’t understand what is hurting, or worse, killing workers, we can’t take action to reduce those hazards.” Means we first know the reasons for workplace hazards and take actions against it to protect the workers on site.

    • March 11, 2019 at 1:14 pm
      Captain Planet says:
      Well-loved. Like or Dislike:
      Thumb up 19
      Thumb down 3

      And Jen, I agree with you. Most, and by that I mean all but 1 prospect I have ever talked to, tell me their #1 goal is to have their employees go home safely at the end of the day. Understanding the hazards of the workplace, both known and yet-unknown, is a no-brainer for those owners and site managers. This just seems to get a bad rap because of who was in The Oval Office when it went into place. God forbit we want to keep people well in this country!

  • March 11, 2019 at 9:37 am
    PolarBeaRepeal says:
    Hot debate. What do you think?
    Thumb up 10
    Thumb down 10

    Reports to the NCCI require many details on injuries and illnesses, except MOs, which, IIRC, don’t require much detail. The order still applies to employers with > 250 employees, so I don’t see why this is an issue with the 6 states AGs. Data to analyze, to prevent or mitigate severity of injuries or illnesses, is being captured from the larger ( i.e. > 250 employees ) companies. NCCI data can also be used for similar mitigation efforts.

    • March 11, 2019 at 1:31 pm
      Rosenblatt says:
      Well-loved. Like or Dislike:
      Thumb up 20
      Thumb down 2

      Exempting businesses with less than 250 employees from the rule will impact MILLIONS of employees who would no longer be protected by OSHA analysis of injury reports. Just because a company has more than 250 employees does not mean companies with less than 250 only represent a small portion of the workforce. As the Small Business Council statistics show:

      *Small businesses accounted for 61.8% of net new jobs from the first quarter of 1993 until the third quarter of 2016
      *Small businesses created 1.9 million net jobs in 2015
      *Firms employing fewer than 20 employees experienced the largest gains, adding 1.1 million net jobs.

      You can read up on other stats here: https://sbecouncil.org/about-us/facts-and-data/

      • March 12, 2019 at 8:27 am
        PolarBeaRepeal says:
        Like or Dislike:
        Thumb up 4
        Thumb down 7

        You ignored the part in my post about the NCCI collecting the necessary details to study claim frequencies, etc. Larger companies have the ability and resources to make the required reports, while smaller companies would be burdened with costs and a drain on their time.

        Larger companies’ detailed reports provide data with ample credibility to study the issues.

        • March 12, 2019 at 9:18 am
          Rosenblatt says:
          Like or Dislike:
          Thumb up 9
          Thumb down 0

          Polar – I didn’t comment on the NCCI because, unlike OSHA, not every state participates so not every company is legally required to report injury information to them.

          In addition, NCCI does not collect data on (a) Medical-Only Claims, (b) Reinsurance Assumed Claims, (c) Claims Payable Under Federal Acts, and (d) Non-compensable and Fraudulent Claims.

          There are significant gaps in NCCI’s data that do not exist under OSHA.

          • March 12, 2019 at 7:04 pm
            PolarBeaRepeal says:
            Like or Dislike:
            Thumb up 1
            Thumb down 4

            Data from every state is NOT needed to study the issue. I wonder why I am still discussing this point. :(

          • March 12, 2019 at 7:06 pm
            PolarBeaRepeal says:
            Like or Dislike:
            Thumb up 1
            Thumb down 3

            Could simply add independent states WC bureau data to NCCI. :)

            Data is gross, so it can be allocated to ‘layers/ purveyors’ of coverage.

  • March 11, 2019 at 2:41 pm
    real_underwriter says:
    Poorly-rated. Like or Dislike:
    Thumb up 9
    Thumb down 20

    Hidden due to low comment rating. Click here to see.

    • March 11, 2019 at 2:50 pm
      Rosenblatt says:
      Well-loved. Like or Dislike:
      Thumb up 17
      Thumb down 0

      I’m just going to leave this here….

      “In reality, OSHA doesn’t shut down job sites. Only a court order can, and that’s an extreme situation, says Simplified Safety.

      If there’s an immediate risk on-site, the inspector can ask that you halt operation until the situation is resolved.

      But even then, it’s your choice whether or not to comply.”

      http s://www.superiorglove.com/blog/can-osha-shut-down-a-job-site

      “We asked an OSHA spokesperson to clarify some misconceptions about inspections, including the idea that the agency has the authority to close down a business.

      Not true, says OSHA. However, if an inspector determines that a hazard poses an imminent danger to employees—a hazard that can cause immediate death or serious physical harm—the inspector will request that workers be immediately removed from the hazard.

      If the employer refuses to follow the inspector’s recommendation, OSHA has the right to ask a federal court to order the employer to eliminate the imminent danger.”

      http s://safety.blr.com/workplace-safety-news/safety-administration/OSHA-workplace-inspections/Can-OSHA-close-down-your-business/

      “The truth of the matter is that OSHA does not have the right to shut you down. Period. In fact, the OSH Act, in describing the enforcement measures that can be taken after an inspection, describes the following list:

      Issue a Citation

      That’s it.”

      http s://simplifiedsafety.com/blog/when-can-osha-shut-down-my-jobsite/

      • March 11, 2019 at 4:07 pm
        Agent says:
        Hot debate. What do you think?
        Thumb up 7
        Thumb down 16

        Any good Loss Control guy for a company can quote chapter and verse on injuries suffered on employers premises or job site. OSHA is a useless another layer of government over reach. All they do is after the fact in fines and they don’t offer Loss Control to prevent injuries. They are another entity that should be shut down to reduce government largesse.

  • March 11, 2019 at 3:53 pm
    real_underwriter says:
    Hot debate. What do you think?
    Thumb up 9
    Thumb down 12

    What is the difference between OSHA shutting down a business and OSHA getting a judge to shut down the business? I don’t see any.

    • March 11, 2019 at 4:05 pm
      Rosenblatt says:
      Well-loved. Like or Dislike:
      Thumb up 16
      Thumb down 2

      I’m not going to sit here and describe the entire process to you, including the legal processes and remedies OSHA and the businesses have at each step of the process.

      You said “OSHA…all it does is shut down businesses.” I’ve simply stated the verifiable truth — OSHA has ZERO authority to simply shut down a business like you claimed.

      You may not see a difference between applying for a court order and actually having the legal authority to shut down a business, but you can easily learn about the differences on your own if you’re really interested.

      • March 11, 2019 at 4:50 pm
        real_underwriter says:
        Poorly-rated. Like or Dislike:
        Thumb up 6
        Thumb down 17

        Hidden due to low comment rating. Click here to see.

        • March 11, 2019 at 5:27 pm
          Captain Planet says:
          Like or Dislike:
          Thumb up 9
          Thumb down 7

          Source required on President Obama using OSHA against the Tea Party. As for the IRS and FBI, they were looking into businesses owned by both the R’s and D’s. But, don’t let that a) ruin your narrative and b) tarnish your foil hat.

          • March 11, 2019 at 5:35 pm
            real_underwriter says:
            Hot debate. What do you think?
            Thumb up 8
            Thumb down 15

            What planet are you living on? I was there, I was part of the Tea Party. The IRS audited every member of the Tea Party, everyone in their families and everybody who had a business at the exact same time that OSHA came into everybody’s business and shut them down on made-up violations.

            And then the FBI went around telling everybody that the members of the Tea Party were being investigated for terrorism. I escaped this because I donate with cash instead of donating online, since Google turned over all that information to the Democrats.

            California is a completely corrupt communist state. Antifa are government union employees beating up innocent Americans who want freedom and are members of the Republican Party.

            Communism has come to America along with the corrupt criminal government that has no laws they have to obey.

          • March 12, 2019 at 8:30 am
            PolarBeaRepeal says:
            Like or Dislike:
            Thumb up 4
            Thumb down 8

            Platitude; you asked for a source and you just got your asteroid handed to you. LOL!

          • March 12, 2019 at 9:02 am
            Rosenblatt says:
            Like or Dislike:
            Thumb up 8
            Thumb down 1

            Where’s the link? There was no source in real’s reply to Planet.

          • March 12, 2019 at 9:16 am
            Captain Planet says:
            Like or Dislike:
            Thumb up 7
            Thumb down 4

            Yogi,
            Please define “source” for the class. Better luck next time at your dig and thanks for trying out.

          • March 12, 2019 at 1:20 pm
            Captain Planet says:
            Like or Dislike:
            Thumb up 5
            Thumb down 2

            Hey real,
            Glenn Beck thanks you for your donation and I’m so old, I remember members of The Tea Party spouting all this nonsense about empty WalMarts and Obama coming for our guns. I never had one government official knock on my door and ask for mine. Did you? I ask out of sincerity because I have yet to find 1 single person who had to give up their guns. I’m just asking, so don’t tread on me.

        • March 12, 2019 at 7:58 am
          Rosenblatt says:
          Like or Dislike:
          Thumb up 9
          Thumb down 2

          real … I fail to see anything in my post where I made it seem like I don’t care about any businesses nor have I made any ‘poor excuses’ to justify OSHA. Great straw man argument, though!

          Let’s reset, shall we?

          Do you agree that OSHA can’t legally shut any businesses down themselves?

          Do you agree the only time OSHA could arguably get a business to be shut down is if they apply for a court order and the case goes through the legal system?

          That’s all I’ve been trying to educate you about.

          We weren’t discussing OSHA’s inherent good or evil or how wasteful they are.

          I’ve only argued against your comment that “OSHA…[can] shut down businesses…” That is demonstrably false.

  • March 11, 2019 at 6:44 pm
    Craig Cornell says:
    Hot debate. What do you think?
    Thumb up 8
    Thumb down 14

    real: Captain Planet is a well-known partisan hack, a dishonest person, a clown.

    If he were honest, he would admit that the number of “liberal” groups whose applications for 501c3 status were delayed were a tiny, tiny fraction of the number of conservative groups.

    But is not honest. Ignore him. He is neither honest, nor interesting or amusing, the worst kind of bore you find on the left all the time.

    • March 12, 2019 at 8:33 am
      PolarBeaRepeal says:
      Like or Dislike:
      Thumb up 5
      Thumb down 9

      Agreed. You forgot about his emphasis on ‘Climate/ Global Something’.

    • March 12, 2019 at 1:06 pm
      Captain Planet says:
      Like or Dislike:
      Thumb up 7
      Thumb down 0

      real – Craig is a hypocrite and a liar – case and point below:

      FEBRUARY 6, 2019 AT 11:22 AM
      Craig Cornell says:
      LIKE OR DISLIKE:
      0
      1
      If you were a fair minded and honest person, here is what you would acknowledge: I don’t insult people until AFTER they insult me first. Go back and look at those comments and what preceeded them.
      When someone disagrees with me respectfully, I follow suit.
      You see? Civility requires two dance partners. Try it for once.

      APRIL 6, 2018 AT 11:19 AM
      Craig Cornell says:
      LIKE OR DISLIKE:
      1
      5
      Your comment above is the equivalent of calling me a Poopy Head.
      Have some pride, man. Try actual insight instead of insults.

      • March 12, 2019 at 2:18 pm
        craig cornell says:
        Like or Dislike:
        Thumb up 3
        Thumb down 5

        “As for the IRS and FBI, they were looking into businesses owned by both the R’s and D’s. But, don’t let that a) ruin your narrative and b) tarnish your foil hat.”

        ZZZZZZ. Captain Planet with another in a series of hundreds of dishonest, partisan, boring attacks.

        • March 13, 2019 at 12:25 pm
          Captain Planet says:
          Like or Dislike:
          Thumb up 5
          Thumb down 1

          Deflect from your hypocrisy much, Craig? That deflection is what everyone out here is bored by. It’s another in a series of hundreds of dishonest, partisan, deflective comments.

  • March 12, 2019 at 5:59 am
    Poshe says:
    Like or Dislike:
    Thumb up 1
    Thumb down 0

    Thank you for the Information.

  • March 12, 2019 at 9:47 am
    retired risk manager says:
    Like or Dislike:
    Thumb up 12
    Thumb down 3

    Everyone, just take a deep breath and realize that the Obama rule had nothing to do with protecting employees from injuries. It had everything to do with creating an accessible data base, by employer, that plaintiff attorneys could use as “proof” of the employers gross negligence. That was it. The Texas Division of Workers Compensation (DWC) has its own version of OSHA. It works diligently to use the injury data to declare employers as “extra hazardous”. This creates huge costs for the employer, to the benefit of the DWC.

    • March 12, 2019 at 11:32 am
      Rosenblatt says:
      Like or Dislike:
      Thumb up 9
      Thumb down 1

      Similar to how the Better Business Bureau operates, shouldn’t there be a way to easily search for companies who are not operating in good faith and/or are operating negligently, especially when it comes to injuries caused to their employees?

      If that is used to punish “extra hazardous” employers who aren’t operating their business safely, isn’t that better than the business going unchecked and being able to continue to operate unsafely?

      • March 12, 2019 at 2:16 pm
        retired risk manager says:
        Like or Dislike:
        Thumb up 2
        Thumb down 5

        When you understand Texas law, your comments will be worth reading. The DWC takes data and makes it fit the extra hazardous model. The company is then required to, among many things, PAY the DWC for a number of years a fee to monitor the company. It is a money maker for the DWC. The fee stays at the DWC. Does not go to the general revenue fund.

        • March 12, 2019 at 2:57 pm
          Rosenblatt says:
          Like or Dislike:
          Thumb up 6
          Thumb down 0

          Thank you for your reply (except for the leading unwarranted insult). I agree I do not understand how the DWC works in Texas. Now I have a better idea of their involvement and I thank you for the knowledge.

          Since TX is but 2% of the states that OSHA handles, I am curious as to your thoughts on the following (not specific to TX and the DWC mind you, but to the country as a whole) —

          1) Shouldn’t there be a way to easily search for companies who are not operating in good faith and/or are operating negligently, especially when it comes to injuries caused to their employees?

          2) If that is then used to punish employers who aren’t operating their business safely, isn’t that better than the business going unchecked and being able to continue to operate unsafely?

          • March 12, 2019 at 3:26 pm
            retired risk manager says:
            Like or Dislike:
            Thumb up 3
            Thumb down 5

            Exactly what is your agenda in wanting so called “unsafe” employers to be named? Who would do the “punishing” and how? Workers compensation is the sole remedy for injured employees. If an employee dies as the result of the injury, and the circumstances warrant a wrongful death action due to GROSS NEGLIGENCE, the plaintiff attorney can require production of the employer’s injury record. There is no compelling reason for the injury record to be public, so your comment #2 is without merit. FYI: Most states have their own version of a state OSHA. It seems to me that the basis for your position is an animus towards private employers. And, from personal experience, most work injuries are the result of safety rule/procedure violations by the employee. I’ve never personally seen an example of an employer intentionally creating a situation wherein an employee would/could be injured. And, the ultimate punishment for an “unsafe” employer is the experience mod. I’ve read many of your comments, and I wonder what your real insurance experience is.

          • March 12, 2019 at 3:38 pm
            Rosenblatt says:
            Like or Dislike:
            Thumb up 7
            Thumb down 0

            I was with you until the end when you made your second unprovoked attack towards me.

            I thought by acknowledging my lack of understanding about how DWC works in TX and sincerely thanking you for teaching me about it, that you could see I was making a good faith attempt to discuss matters with you openly, honestly, and as an adult.

            But no, you continued to attack me. I have done nothing of the sort towards you. I have no interest in talking to you since you can’t post a reply without insulting me.

  • March 18, 2019 at 4:01 pm
    Agent says:
    Like or Dislike:
    Thumb up 1
    Thumb down 0

    Rosenblatt, still can’t stand hearing the truth? You are on the wrong forum.



Add a Comment

Your email address will not be published. Required fields are marked *

*