OSHA Log/ACA Requirements

Please see information on California OSHA requirements.  You should have had this done by February 1,  but if not, complete form and post  where you keep your other posters. You only need to post the summary not all employee information. The requirements of the California recordkeeping standard apply to most of the employers that have over ten (10) employees. Some industries in the retail, service, finance, insurance and real estate sectors are potentially exempt from most recording requirements as are small businesses with ten or fewer employees. While some employers are partially exempt from recording requirements, all employers in California are still required to immediately report serious occupational injuries, illnesses or the death of an employee. Question When is Cal/OSHA form 300-A, the Annual Summary, supposed to be posted ? Answer By February 1 of the year following the year covered by the records until April 30 of that same year. http://www.dir.ca.gov/dosh/etools/recordkeeping/index.html  I have had questions about how  to comply with health insurance requirements under the  Affordable Care Act. I will tell you it is not clear but here are some thoughts: If you work for a company with 50 or more employees,  your employer will provide you the 1095-B form that you provide the IRS on your 2015 tax return. If you work for a company with less than 50 employees [including full time and fulltime equivalents] or are individually covered, your insurance company will provide you the 1095-B form. As I understand it the employer and insurance companies  have until the end of March to provide you the 1095-B form. Technically, you have to file the insurance information with your tax return but you are probably okay to file without insurance information if you have had the same coverage for the entire year. Just make sure you keep in your records the insurance information when you receive it. I am  going to assume most of you have had insurance and not going to get into if you had  gaps in coverage  or insurance that doesn’t comply with ACA. Consult your accountant before filing your return. I welcome any comments. Scott Hauge President Small Business California 2311 Taraval Street San Francisco, CA  94116 shauge@cal-insure.com 415-680-2188

Acord Workers Compensation Application

Should Workers Compensation insurance companies be allowed to ask on their application whether employers have any employees over 60 or any employees with physical disabilities? To my knowledge every workers  compensation insurance company ask these questions except State Fund.

The application goes on to  say

“Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any material false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects that person to criminal and civil penalties.”

The only purpose I can see to ask these questions is that answers saying  an employer has employees over 60 or with disabilities  can effect a workers  compensation insurance companies underwriting and pricing of  the employers  workers compensation insurance.

What makes this more interesting is that I think an employer cannot ask these question of an employee.  I do understand that an employer will have information on an employee’s age but should they be forced to divulge that  to the insurance company?

Small Business California is looking to introduce a bill requiring insurance companies to not require the answer to these two questions. To State Funds credit that is what they have done and  they have told me the questions are not necessary for underwriting

Interestingly  enough we are getting resistance from some insurance companies

I don’t know how many of you have signed an Acord Workers Compensation application where you have answered no to these question. It is quite possible you have not signed the an application but your broker has and probably  answered no. Has your broker asked you these questions?

What do you think?

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA  94116
shauge@cal-insure.com
415-680-2188