On Sept. 1, 2011, the Ohio Bureau of Workers’ Compensation (BWC) implemented the outpatient medication formulary rule for the pharmacy program. The formulary contains a list of drugs the BWC will cover when prescribed for allowed conditions in an approved claim. The Pharmacy & Therapeutics Committee maintains the list, and regularly reviews and updates it. Drugs not previously reviewed by the committee and listed in the formulary are not eligible for coverage by BWC.Read more
Res Judicata is a legal concept which can be confusing to legal practitioners, especially in the area of workers compensation. Res judicata is Latin and literally translates to “a matter adjudged.” Res judicata bars re-litigation of a matter finally adjudicated by a court of competent jurisdiction involving the same parties and the same transaction or occurrence. The doctrine bars all claims that were or could have been raised in the prior action.Read more
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued a final rule which eliminates the requirement for establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) to OSHA each year.Read more
OSHA’s Penalties Adjusting in 2019
OSHA’s civil penalties for violations of safety standard will increase in 2019 as adjusted for inflation. The new adjusted maximum penalty amounts for willful and repeat violations will be $132,598 per violation; serious, other-than-serious, and posting violation requirements will be $13,260 per violation; and failure to abate violations will be $13,260 per day beyond the abatement date. Violations of safety standards are expensive.
On November 16, 2018, the Workplace Violence Prevention for Health Care and Social Service Workers Act was introduced in the House of Representatives. The bill would require employers within the health care and social service industries to develop a comprehensive workplace violence prevention plan.Read more
OSHA released the top 10 most frequently cited standards by Federal OSHA in fiscal year 2018 (October 1, 2017, through September 30, 2018). Although the majority of the list remains the same as 2017 top 10 citations, electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305) was replaced by eye and face protection at number 10.
Fall protection, construction (29 CFR 1926.501)
Hazard communication standard, general industry (29 CFR 1910.