Reporting injuries to OSHA vs. your work comp insurer

You probably already know that you must report all workplace injuries to your workers’ compensation insurer. But in some cases you must also report the injury to the Occupational Safety and Health Administration (OSHA) .

Injuries that must be reported directly to OSHA

You must report the following types of injuries directly to OSHA:

  • Work-related fatalities occurring within 30 days of the incident must be reported to OSHA within eight hours
  • Work-related inpatient hospitalizations, amputations and losses of an eye occurring within 24 hours of the incident must be reported to OSHA within 24 hours. You can read more information about the definition of an amputation and loss of an eye in this OSHA Interpretation Letter and on the OSHA Reporting webpage in the FAQs .

In addition, Minnesota employers must contact Minnesota OSHA for a report of injury to an employee operating a mechanical power press . The form can be printed and faxed or mailed to the Minnesota Department of Labor.

How to report injuries to OSHA

Here’s state-specific contact information to report a fatality or severe injury to OSHA:

  • Minnesota: Call (877) 470-6742 from 8 a.m. – 4:30 p.m. Monday-Friday. To report an incident after business hours, call the federal office at (800) 321-OSHA (6742)
  • Iowa: Call (877) 242-6742 or fill out the Incident Report Form and fax it to (515) 281-7995 or email osha@iwd.iowa.gov.
  • Wisconsin, South Dakota, Kansas and Nebraska: Call the Federal OSHA office at (800) 321-OSHA (6742) or the closest area office if it is during business hours. You can also report online .

Some employers required to keep injury logs

OSHA also requires that certain types of businesses maintain injury logs . All employers in the state of Minnesota with 11 or more full- or part-time employees, regardless of industry or NAICS code, must maintain a log.

Requirements to maintain a log in other states depend on the industry. Low-hazard industries are excluded and you can view the list on the OSHA recordkeeping webpage  (under “FAQs on who must keep records”).

When recording injuries on the OSHA 300 log, there are a few key differences between reporting work injuries to your insurer and OSHA to keep in mind:

  • Injuries should be reported to your insurer immediately regardless of seriousness, but for OSHA, only fatalities and the severe injuries listed above must be reported right away.
  • You should report all injuries to your insurer, even those that don’t require medical attention; however, not all injuries reported to your insurer will meet the definition of an OSHA recordable injury or illness. All OSHA recordable injuries must be recorded on the log within seven calendar days of occurrence. View the OSHA Injury and Illness Recordkeeping Requirements  for more information on how OSHA defines a recordable injury or illness and first aid.
  • State workers’ compensation regulations have a waiting period to determine when a claim becomes lost time, but OSHA does not have a waiting period. OSHA counts calendar days beginning the day after the incident occurs for Days Away from Work cases and Restricted Work or Transfer cases.
  • OSHA’s Form 300A, Summary of Work-Related Injuries and Illnesses , detailing injuries from the previous year, must be posted annually from February 1 to April 30 in a place where employees can see it, even if there were no recordable work-related injuries or illnesses during the year.
  • You may also be required to submit the Form 300A to OSHA electronically. See our blog post on OSHA’s electronic reporting requirements for employers for more information.

While reporting to your insurer and OSHA are typically two separate things, there is one area where they overlap. The First Report of Injury form generated when you file a workers’ compensation claim can serve as a substitute for the OSHA 301  form in some states, including Minnesota and Wisconsin.

Where to find more information on OSHA recordkeeping

Recordkeeping can be confusing at times, especially with the differences between OSHA and workers’ compensation. The OSHA website on recordkeeping and reporting requirements is a good resource. If you’re an SFM policyholder, your SFM loss prevention representative can also help answer any questions about recordkeeping.

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

How your workers’ comp e-mod is calculated

If you want to lower your workers’ compensation premium, it’s worth learning about a little number called your e-mod.

Why? Because your premium is determined, in part, by your e-mod — and it’s one factor you can actually manage.

So what does e-mod stand for?

E-mod is short for experience modifier or experience modification factor.

The experience modification factor is a multiplier used to calculate your workers’ compensation premium. It shows how your organization’s workers’ compensation claims experience compares to other businesses similar in size and types of jobs.

If your claims history is average among similar businesses, your e-mod will be 1.0. If your e-mod is:

  • above 1.0 it means your business’ claims history is worse than your peers.
  • below 1.0 it means your business’ claims history is better than your peers.

An e-mod less than 1.0 directly reduces the premium amount you pay. The lower your e-mod, the greater the reduction.

That’s the short answer. The longer answer is valuable to know if you want to really take control of your workers’ compensation costs.

What goes into the e-mod calculation?

The e-mod usually takes into account three years of claims history, excluding the most recent policy year. For example, the e-mod for a policy period beginning January 1, 2023, includes claim costs for the policy periods beginning:

  • January 1, 2021
  • January 1, 2020
  • January 1, 2019

Who determines your e-mod?

A state or national rating bureau — not your insurer — calculates experience modification factors.

Depending on your state, either your state rating bureau (such as the Minnesota Workers’ Compensation Insurers Association or the Wisconsin Workers’ Compensation Rating Bureau) or the National Council on Compensation Insurance determines your e-mod. These data collection organizations use statewide claim data to calculate expected losses for different types of operations.

They also calculate individual employ­ers’ e-mods using the claims cost data reported by insurers.

Your data collection organization recalculates your e-mod each year about 90 days prior to your policy renewal date and reports it to you and your workers’ compensation insurer.

Who gets assigned an e-mod?

Not every business is large enough to have an e-mod.

Your workers’ compensation premium has to be above a certain dollar threshold specified by your state before your organization will be assigned an e-mod. This minimum premium amount is usually around $3,000-$7,000.

Which claims costs are excluded from the e-mod?

Not all claims costs are included in the e-mod calculation.

If a claim is medical-only (meaning the employee doesn’t miss any work time due to the injury, or returns to work within the state waiting period), only 30 percent of the claim costs are included in the e-mod calculation. That’s one of the many reasons for a strong return-to-work program.

If the claim is larger, typically involving lost time, there is a discounted rate for losses over a certain amount. This is known as the split point, and is set by each state. For example, in Minnesota in 2023, the split point is $18,500. That means that when the e-mod is calculated, less weight is given to a claim’s dollars over $18,500.

Where to find your e-mod

If your organization is large enough to have an experience modifier and you’re an SFM policyholder, you can find it in three places.

  1. The official notice you receive from your rating bureau each year prior to your policy renewal date
  2. Your SFM policy information page
  3. In CompOnline under the “Policy” tab, on the “Policy information” screen

How to calculate your e-mod yourself

You may want to try to figure out what your e-mod will be following a significant claim, or test out “what if” scenarios.

Each state rating agency calculates e-mods differently, so this isn’t always easy.

The Minnesota Workers’ Compensation Insurers Association offers a free Minnesota Experience Modification calculator . The Wisconsin Compensation Rating Bureau and National Council on Compensation Insurance (rating agency for Iowa, Nebraska, Kansas and South Dakota) offer similar tools for a fee.

To learn more about the e-mod calculation formula in your state, see the following resources:

Keeping an eye on your e-mod is a good habit that will help you understand and then work on lowering your workers’ compensation premium.

Learn more in SFM’s E-mods CompTalk .

Four quick tips for safe snow shoveling this winter

If your work duties include snow removal, you know that icy conditions can lead to slip-and-fall injuries.

You do your best to keep the sidewalks and parking lots free of ice and snow. You care about preventing injuries for everyone who visits your building.

It’s just as important to be mindful about preventing injuries that can happen during snow removal.

Follow these four tips to reduce the risk of injuries while shoveling snow, so you can get back inside safely.

Four tips for safe snow removal

1. Start by being physically ready

Before getting ready to shovel snow, our bodies need to be ready to handle the job safely to avoid injury or significant discomfort. The risks that go along with shoveling include “a potential for exhaustion, dehydration, back injuries, or heart attacks,” according to OSHA .

Before and during shoveling, remember to:

  • Drink plenty of water for hydration
  • Warm up: Stretch your arms, shoulders, back and legs
  • Understand your physical limitations and do not push beyond them

If you have any underlying health conditions that might make shoveling risky for you, strongly consider asking for help or seek other alternatives.

2. Prevent slips and falls due to ice

Check for icy spots first and take care of them immediately. Be aware that other icy spots may be hidden by snow.

Wear boots and/or traction footwear to significantly reduce the chances of slips and falls. Vendors like Due North offer traction footwear products.

3. Use proper shoveling techniques

Good technique will reduce the chance for injury when shoveling, especially to your back and shoulders. It’s also a way to reduce the chance of slipping and falling.

Be sure to:

  • Push the shovel with your strong leg muscles, not your arms and shoulders.
  • Try to push the snow instead of lifting it.
  • If you must lift the snow, lift the shovel just like you lift anything else – keep your knees bent, feet wide and head up. Work to maintain the neutral curve in your lower back.
  • Keep one foot ahead of the other. This will give you more power and produce far less strain on your lower back.
  • Keep your arms as close to your body as pos­sible for power, stability and to reduce strain.
  • Avoid twisting your upper body. Keep your feet in alignment with your torso.

4. Take it slow in the snow

Work at a safe pace to help avoid injury. Working too fast may cause you to slip and fall more often or tire quickly. And when you’re tired, you may forget to use proper techniques, which could cause discomfort or pain.

Take short breaks when shoveling and don’t over-exert yourself or allow yourself to overheat.

Combined, following these four tips for safer snow shoveling can reduce the risk of slips, falls and other injuries this winter.

More winter safety resources

For more helpful winter safety tips, see SFM’s other resources:

Easy way to avoid winter falls: Step down, not out.

A quarter of winter slip-and-fall injuries reported to SFM occur in parking lots. These injuries are often severe and affect all kinds of businesses.

Encourage your employees to use the “Step down, not out” method to avoid falls while getting out of their vehicles and stepping off curbs. Step down with both feet when getting out of a vehicle and step flat footed from a curb to reduce your chance of slipping.

Watch the video for a demonstration of this simple but effective method for avoiding winter falls.

How to step down, not out of a vehicle

  1. Swing both legs out to the side.
  2. Place both feet, flat footed, on the ground.
  3. Grab onto the door frame or steering wheel to help support yourself to a standing position.
  4. Use at least three points of contact—two feet and one hand—a practice used by professional drivers.

Walking safely off a curb

  1. Shorten your steps. Do not step too far out.
  2. Step flat footed off the curb. This minimizes your forward momentum. It also helps ensure your leading foot doesn’t land heel-first and result in a slip.

 

Download this penguin poster to spread the word at your workplace.

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