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Vol. 5,  #12
December 1, 2014

 

OSHA Recordkeeping Rules
Effective January 1, 2015

 

 

  

Effective January 1, 2015, the Occupational Safety and Health Administration (OSHA) will now require auto dealers with more than 10 employees to report any work-related employee fatality within 8 hours and any work related inpatient hospitalization, amputation or loss of an eye within 24 hours.  The report can be submitted to OSHA by telephone at 1-800-321-OSHA (6742), by calling or visiting the nearest area OSHA office during normal business hours or through an OSHA website that will be available in January.  Auto dealers were previously exempt from this requirement.   

 

Auto dealers will be required to keep records of all work-related injuries and illnesses that result in days away from work, loss of consciousness, restricted work, or transfer to another job or medical treatment other than first aid.  The following is a list of the required OSHA recordkeeping forms which can be found online at www.osha.gov/recordkeeping/RKforms:

  • OSHA Form 300:  Log of Work-Related Injuries and Illness;
  • OSHA Form 300A:  Summary of Work-Related Injuries and Illnesses; and 
  • OSHA Form 301:  Injury and Illness Incident Report.

The OSHA Form 300A form (Summary of Work Related Injuries and Illnesses) must be posted annually even if there were no incidents of injury or illness at the dealership.  

If you have any questions about these reporting requirements please call Stevan LaBonte at the LaBonte Law Group (516-280-8580).   

 


Health Care Update:
January 1, 2015 Deadline for Employers with 100+ Employees

 

 

     Starting January 1, 2015, employers with 100 or more employees will be required to provide at least 70% of their employees with health insurance coverage. The long delayed Affordable Care Act (ACA) will be implemented in two stages with health insurance requirements and penalty provisions for employers with 50 or more employees set to begin on January 1, 2016. 

 

The health care deadlines for employer compliance under the ACA are:

  • January 1, 2015 for Large Employers (consisting of 100 or more full-time employees); and
  • January 1, 2016 for Medium-Sized Employers (consisting of 50-99 full-time employees).

     Starting January 1, 2015 large employers that offer coverage to at least 70% of its full-time employees will not be subject to penalties by the IRS.  However, even if a large employer meets the 70% threshold, it could still face a $3,000 IRS penalty for every full-time employee who isn't offered affordable health care.  Health care is considered unaffordable if an employee's share of the health insurance premium exceeds 9.5% of the employee's wages.  


      Starting with the 2016 plan year, a large employer must offer coverage to at least 95 percent of its full-time employees in order to avoid a $2,000 per employee IRS penalty. 

 

     An employer may determine its status by determining whether it employed an average of at least 50 (or 100) full-time employees or full time equivalent employees during any consecutive period of at least six calendar months during the 2014 calendar year (rather than the entire 2014 calendar year).  Starting in 2016, an employer must determine its status for the calendar year by averaging the total number of full-time equivalent employees for each of the 12 months in the preceding calendar year.

 

     Employers should take the time now to review insurance plan procedures and payroll practices to ensure that they have an effective strategy in place to prepare and plan for compliance with the ACA rules.  While penalty provisions for employers with fewer than 100 employees do not kick in until 2016 it is recommended that you initiate the new health insurance programs now.  If you have questions about your obligations under the ACA you can reach out to your insurance plan administrator or call the LaBonte Law Group at 516-280-8580.

 

 

 

Should you have any questions or need advice on anything related to the dealership please do not hesitate to give me a call or send me an e-mail.  Your questions will be answered promptly!!!

Sincerely,

Stevan LaBonte

Stevan H. LaBonte, Esq.
LaBonte Law Group, PLLC
100 Ring Road West, #108
Garden City, NY 11530
 
516-280-8580 (Phone)
631-794-2434 (Fax)