We’re only a little over a month into 2015, and there have already been some changes to recordkeeping requirements. Recordkeeping is a cornerstone of compliance, so be prepared! Changes to safety and paid sick leave are here or forthcoming, and Attorney Usama Kahf provides the info you need to keep the right records in the New Year.
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Kahf, who counsels employers of all sizes in all aspects of labor and employment law for the law firm of Fisher & Phillips LLP, provided these regulatory insights in a recent webinar presented by BLR® and HR Hero®.
The Importance of Keeping Records
Paper is a burden for a lot of people, Kahf admits, but document management is something that every business should have. Properly managed records are advantageous in that they can:
- Be a means to conduct business transactions;
- Document considerations and actions within the company;
- Provide historical and cultural perspectives;
- Clarify mental recollection and impressions;
- Memorialize agreements/understandings between parties;
- Be reviewed to establish precedents in the organization; and
- Establish evidence of conduct.
The deck is often stacked against employers, says Kahf. Documents are the best way to establish your case and be prepared for any issues regarding legal compliance and legal defense as well as day-to-day business. Kahf points to the old adage, “if it’s not in writing, it never happened.”
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New Recordkeeping Requirements for 2015—Safety First!
There are a lot of laws and regulations that require that you keep certain types of documents, says Kahf, and keep in mind that state law is going to vary. Be sure to seek legal advice for your specific situation.
With that said, there are some new federal safety documentation requirements for 2015. As of January 1, employers are required to report more types of workplace injuries to the federal Occupational Safety and Health Administration (OSHA). Kahf says that employers that are subject to OSHA are required to report within 24 hours:
- Any work-related inpatient hospitalization—even for just one employee, as opposed to the current three-employee hospitalization rule,
- Any work-related amputation, and
- Any work-related loss of an eye.
Kahf also notes that it’s even more regulated in California—employers there must report serious injuries, illnesses, or deaths in the workplace within 8 hours, even if the event was not due to work duties. That is to say, if an employee suddenly dies of a heart attack or other natural cause on the premises, the organization has 8 hours to report the death or risk a penalty.
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Think You’re Exempt from OSHA? Not So Fast
You may be thinking, “There is NO WAY somebody’s going to lose an arm or an eye at my place of business. I don’t need to worry about these new regulations.” Think again, warns Kahf! While employers with 10 or fewer employees during the prior calendar year are still exempt from having to keep OSHA injury and illness logs (known as Form 300), in 2015 many so-called “low-hazard” industries and businesses are no longer exempt from OSHA recordkeeping requirements.
Among the industries/businesses listed by Kahf that are now required to keep Form 300 logs as of January 1 are:
- Automobile dealers
- Building material and supply dealers
- Direct-selling establishments
- Specialty food stores
- Beer, wine, and liquor stores
- Facilities support services
- Museums and historical sites
- Performing arts companies
- Consumer goods rental
- Lessors of real estate
This is only a partial list, so be sure to check with counsel and see if your company is now subject to OSHA—and if so, start familiarizing yourself with Form 300.
In tomorrow’s Advisor, Kahf shares 2015 changes in paid sick leave, plus we introduce the all-things-compensation-in-one-place website, Compensation.BLR.com®.
Recordkeeping–a truly Sisyphean task.