Client Login
toll free: 800-225-3242    office: 301-718-4637
 

New Year, New Penalties | Maryland Benefit Advisors

Department of Labor Publishes Updated Penalties for OSHA Violations

On January 2, 2018, the U.S. Department of Labor (DOL) published updated, inflation-adjusted penalties for violations of various laws regulated by the DOL and its internal components or divisions, including the Occupational Health and Safety Administration (OSHA). The DOL is required to adjust the level of civil monetary penalties for inflation by January 15 each year pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act).

Because of the Inflation Adjustment Act, rates for OSHA penalties have increased three times in the last 17 months (August 1, 2016, January 13, 2017, and January 2, 2018). Therefore, for violations occurring after November 2, 2015, the penalty amounts incurred by employers will depend on when the penalty is assessed, as follows:

  • If the penalty was assessed after August 1, 2016 but on or before January 13, 2017, then the August 1, 2016 penalty level applies.
  • If the penalty was assessed after January 13, 2017 but on or before January 2, 2018, then the January 13, 2017 penalty level applies.
  • If the penalty was assessed after January 2, 2018, then the current penalty level applies.

The applicable January 2, 2018 penalty levels for violations of the Occupational Safety and Health Act of 1970 (OSH Act) are as follows:

  • Willful violations: $9,239 – 129,936 (up from $9,054 – $126,749 after January 13, 2017 and $8,908 – $124,709 after August 1, 2016)
  • Repeated violations: $129,936 (up from $126,749 after January 13, 2017 and $124,709 after August 1, 2016)
  • Serious violations: $12,934 (up from $12,675 after January 13, 2017 and $12,471 after August 1, 2016)
  • Other-than-serious violations: $12,934 (up from $12,675 after January 13, 2017 and $12,471 after August 1, 2016)
  • Failure to correct violations: $12,934 (up from $12,675 after January 13, 2017 and $12,471 after August 1, 2016)
  • Posting requirement violations: $12,934 (up from $12,675 after January 13, 2017 and $12,471 after August 1, 2016)

These increases apply to states with federal OSHA programs and states with OSHA-approved state plans. Violations occurring on or before November 2, 2015 are assessed at pre-August 1, 2016 levels.

Employers are encouraged to familiarize themselves with these increased penalties and consult counsel if they have questions about the penalty level applicable to a potential violation.

By Nicole Quinn-Gato

Originally posted by www.ThinkHR.com

Federal Law Update-November 2017 | Maryland Benefit Advisors

OSHA Delays Electronic Filing of Form 300A

On November 22, 2017, the federal Occupational Safety and Health Administration (OSHA) announced the delay of the required electronic filing of OSHA Form 300A, Annual Summary, until December 15, 2017. The electronic filing requirement applies to establishments that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in certain industries.

Read the press release and see the website

IRS to Mandate Penalties Under the ACA

In November 2017, the Internal Revenue Service (IRS) updated its questions and answers page regarding the employer shared responsibility provisions under the federal Affordable Care Act (ACA) to include the following:

Question #56. Does an employer that receives a Letter 226J proposing an employer shared responsibility payment have an opportunity to respond to the IRS about the proposed payment, including requesting a pre-assessment conference with the IRS Office of Appeals?

Answer. Yes. ALEs will have an opportunity to respond to Letter 226J before any employer shared responsibility liability is assessed and notice and demand for payment is made. Letter
226J will provide instructions for how the ALE should respond in writing, either agreeing with the proposed employer shared responsibility payment or disagreeing with part or all or the
proposed amount.

If the ALE responds to Letter 226J, the IRS will acknowledge the ALE’s response to Letter 226J with an appropriate version of Letter 227 (a series of five different letters that, in general,
acknowledge the ALE’s response to Letter 226J and describe further actions the ALE may need to take). If, after receipt of Letter 227, the ALE disagrees with the proposed or revised employer shared responsibility payment, the ALE may request a pre-assessment conference with the IRS Office of Appeals. The ALE should follow the instructions provided in Letter 227 and Publication 5, Your Appeal Rights and How To Prepare a Protest if You Don’t Agree, for requesting a conference with the IRS Office of Appeals. A conference should be requested in writing by the response date shown on Letter 227, which generally will be 30 days from the date of Letter 227.

If the ALE does not respond to either Letter 226J or Letter 227, the IRS will assess the amount of the proposed employer shared responsibility payment and issue a notice and demand for
payment, Notice CP 220J.

The IRS will begin issuing Letters 226J for the 2015 calendar year in late 2017.

Originally posted by www.ThinkHR.com

Congress Eliminates OSHA Continuous Reporting Obligation Rule | Maryland Benefit Consultants

What played out as a soap opera of sorts involving all three branches of government has resulted in relief for employers. On March 22, 2017, the Senate narrowly adopted House Joint Resolution 83 (H.J.Res.83) under the Congressional Review Act. The joint resolution nullifies a recent Occupational Safety and Health Administration (OSHA) final rule that went into effect on January 18, 2017. The rule, Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness (Continuing Obligation Rule), created a continuing obligation for employers to make and maintain an accurate record of workplace injuries and illnesses, and opened them up to OSHA citations beyond the six-month statute of limitations established under § 658(c) of the Occupational Safety and Health Act (OSH Act).

OSHA developed the Continuing Obligation Rule due to an unfavorable 2012 federal court decision holding that OSHA’s ability to issue citations is limited to the six-month period following the occurrence of a violation as set forth in the OSH Act (AKM LLC d/b/a Volks Constructors v. Sec’y of Labor, 675 F.3d 752 (D.C. Cir. 2012)). On March 1, the U.S. House of Representatives adopted H.J.Res.83 to preclude OSHA’s ability to enforce its Continuing Obligation Rule, resolving that it should have no force or effect. The Senate’s approval on March 22 means that the resolution will now go to President Trump for signature. President Trump has indicated that he will sign the resolution.

By Nicole Quinn-Gato, JD
Originally published by www.thinkhr.com