Out of State coverage, possible scenarios

COVERED


Employee lives in NY, accident was in NY and claim is filed in NY.

Employee lives in NY, accident out of state but claim filed in NY.

Employee lives in NY, assigned temporarily to work out of state, accident occurs out of state and claim filed in NY.

Salespersons controlled and directed from NY but works out of state and claim filed out of state.

Salespersons controlled and directed from NY but works out of state and claim filed in NY.

Sales persons controlled and directed from out of state hired in NY claim filed out of state. Assuming that the insured has no other operations in that other State and the State Fund Policy has been endorsed accordingly.

Sales persons controlled and directed from out of state hired in NY claim filed in NY.

Employee lives out of state, performing work in NY, hurt in NY but filed claim in NY.

Truckers who keep their trucks out of state, accident in NY and claim filed in NY.



NOT COVERED


Employee lives in NY, accident out of state and claim filed out of state.

Employee lives out of state, assigned temporarily to work out of state, accident occurs out of state.

Employee hired in NY for specifically out of state work, accident happens out of state and claim filed out of state.

Employee lives out of state, performing work in NY, hurt in NY but filed claim out of state.

Truckers who keep their trucks out of state, accident in NY and claim filed out of state.

Truckers who keep their trucks out of state, temporarily working out of state, accident out of state, claim filed out of state.

OSHA new Recordkeeping Requirements

1. ALL EMPLOYERS must follow the serious injury rule and….

• Contact OSHA within 8 hours of a work related fatality.
• Contact OSHA within 24 hours of a work related in-patient hospitalization, amputation or loss of eye.

For more information on reporting a fatality or severe injury click here.

2. EMPLOYERS WITH 11 OR MORE EMPLOYEES must maintain OSHA recordkeeping forms….

• OSHA 300 log along with a claim report must be kept in your OSHA records. If you are unsure an incident is OSHA recordable use OSHA Recordkeeping Advisor.
• OSHA 300a must be posted for all employees to view from Feb 1 to April 30th of each year.
• Only employers in exempt industries can be exempt from this portion of the recordkeeping regulation. (See Partially Exempt Industry list).

3. EMPLOYERS WITH 20 TO 249 EMPLOYEES in certain industries employers must also annually file the OSHA 300a through OSHA.gov….

In addition to the rules listed above, employers with 20-249 employees per establishment (see definitions below for establishment) and are in OSHA’s list of high risk industries are required to electronically file their OSHA 300a forms annually.  The high risk industry list includes construction, manufacturing, utilities, department stores, general merchandise stores, general freight trucking, warehouse and storage, waste management services, and other high risk industries.  A complete list of OHSA’s high risk industries can be found at this link: https://www.osha.gov/recordkeeping/NAICScodesforelectronicsubmission.html

2016 data in Form 300A must be submitted by July 1, 2017, and again by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

4. EMPLOYERS WITH 250 OR MORE EMPLOYEES must electronically submit to OSHA injury and illness information from OSHA Forms 300, 300A, and 301 through OSHA

Form 300A must be submitted by July 1, 2017, and must submit information from all forms (300A, 300, and 301) by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

 

Forms, instructional videos, incident rate calculators, and interactive tools can be found in the Recordkeeping section of the Keevily Portal to help answer your questions about this OSHA regulation.

 

 

Establishment: The electronic reporting requirements are based on the size of the establishment, not the firm. The OSHA injury and illness records are maintained at the establishment level. An establishment is defined as a single physical location where business is conducted or where services or industrial operations are performed. A firm may be comprised of one or more establishments. To determine if you need to provide OSHA with the required data for an establishment, you need to determine the establishment's peak employment during the last calendar year. Each individual employed in the establishment at any time during the calendar year counts as one employee, including full-time, part-time, seasonal, and temporary workers.

 

 

You have three options for reporting the serious event:

By telephone to the OSHA Area Office nearest to the site of the work-related incident. By telephone to the 24-hour OSHA hotline (1-800-321-OSHA or 1-800-321-6742). Electronically, using the event reporting application that will be located on OSHA's public website.