b'Garys CornerupdateGary Auman, MRCA Legal CounselOSHA Recording Keeping New RuleOn January 24, 2019 OSHA issued a new final rule on recordkeepingrequirementsforallemployers.Asyou areaware,allemployerswhoemployedelevenormore employees in a calendar year are required to complete the OSHA 300 log. Moreover, if you are one of these employers and required to maintain the log, you had to also complete the OSHA 300A form for the preceding year prior to February 1st of the current year. So, if you were required to maintain the OSHA 300 log for 2018, you should have completed the OSHA 300A by February 1st of this year. You must then post the 300A in your workplace from February 1st through April 30th of the current year. To count the number of employees in2018youneedtocountallemployeeswhoworkedfor you during this period. The count should include part-time employeesaswellastemporaryemployees.So,ifyouare incorporated and employed 10 full time employees in 2018, including, of course yourself (For businesses that are sole proprietorshipsorpartnerships,theownersandpartners wouldnotbeconsideredemployeesandwouldnotbe counted.)youwouldnothaveanobligationtocomplete an OSHA 300 log for 2018, BUT if you have ten employees in 2018 and used just one temporary employee or one part-time employee in 2018 in addition to your full-time compliment2018 will ONLY have to electronically file their OSHA 300A of 10 employees you would have had 11 total employees inform for 2018 (which they completed by February 1, 2019) 2018 and the OSHA 300 and 300QA record keeping obligationprior to March 2, 2019. In addition, all employers covered by would rise for your company. the filing requirement are now required, under the new rule, OnMay12,2016OSHAissuedaruleregardingtheto include your EIN (Employer Identification Number) with electronicsubmissionofOSHA300As,300logs,and301your filing. The OSHA 300A does not contain any employee forms;however,onJanuary24th,2019OSHApublishedaidentifyinginformation.Thenewruledoesnotaffectthe new final rule changing the 2016 requirements. Rather thanobligation of employers who had 20 or more employees, but causingconfusingIwillcoverthecurrentrequirementsnot more than 249 employees in the preceding calendar year. below. These changes were made in the interest of protectingThose employers are still required to electronically file their employeeprivacy.Inordertoaccomplishthispurpose,OSHA 300A forms by March 2, 2019, but they are now required the new standard (rule) no longer requires employers withto also include their EIN.Employers still must complete the 250ormoreemployeesintheprecedingcalendaryeartoforms and logs so as to be available upon request, but only electronicallyfilethe0SHA300logsor301formsforthethe 300A and the EIN must be electronically submitted.EmployeecountsaremadeasIexplainedinthefirst now employers, in highparagraphofthisnotice.TheMarch2electronicfiling hazard industries (whichdeadline will remain in place for all succeeding years.include construction), withAuman,Mahan&FurryisaDaytonbasedfirmdedicatedto 250 or more employees inrepresenting the interests of businesses throughout Ohio and across thecountry.Ourknowledgeableattorneysprovidethepersonal 2018 will ONLY have to electronically fileattention necessary to achieve favorable outcomes in an efficient and their OSHA 300A form for 2018 cost-effective manner in Labor and Employment, OSHA, Workers Compensation, Construction, Business, and Litigation matters. The preceding year. So now employers, in high hazard industriesfirm is sized right to provide the depth of capabilities and capacity (which include construction), with 250 or more employees inthat businesses need to meet legal challenges, small and large.8 www.mrca.orgMidwest Roofer'