2015 OSHA and ADA Compliance

2015 OSHA 300 Reporting & Recordkeeping Requirements

New OSHA reporting requirements are now in effect! As of January 1, 2015, there is a change to what and when covered employers are required to report to the Occupational Safety and Health Administration (OSHA). Employers shall report all work-related fatalities within 8 hours and all in-patient hospitalizations, amputations, and losses of an eye within 24 hours of finding out about the incident.  Reminder: Employers must post 300A injury/illness summary form from February 1 through April 30 and it should be displayed in a common area where notices to employees are usually posted.

Critical webinar training “OSHA Recordkeeping and Reporting Requirements and GHS Conversion Update” is now available for registration.

RISKOutside Contractor Liability

Business owners can be liable for accidents caused by outside contractors/subcontractors.  OSHA compliance is ultimately the responsibility of all employers where services are rendered.

Subcontracting out services does not relieve the business owner from liability, OSHA citations or fines.  A St. Petersburg, FL resort was cited for the death of an employee of an outside servicing contractor who was crushed by an elevator under repair.  The outside contracting company had not de-energized the power – a standard Lock-Out/Tag-Out (LOTO) procedure – of the elevator, resulting in the death of their worker.  It was determined that the resort had failed to oversee/coordinate the LOTO procedure with the the outside contractor and that the outside contractor employees lacked mandated OSHA training. OSHA said that it is the responsibility of both the Hotel owner and the outside contractor to ensure  that safety procedures were followed.  Both employers were held responsible for the employee death and were cited and fined.


ADAPoolLiftADA Pool Lifts for Hotels & Resorts: Warning! $55,000 per Lift Potential Penalty For Non-Compliance

The Department of Justice (DOJ) is targeting hotels and resorts that are not in compliance with ADA Pool Lift regulations. Lifts for the disabled must be readily and immediately available during all pool open hours.  If a guest must ask for the pool lift, the hotel is in violation of the law. This means that the lift must be installed and ready for immediate use by the disabled guest without asking hotel management for its use in every body of water that an able-bodied person might swim in at every moment the pool is open. Each body of water (pool, hot tub) is required to have it’s own lift. If the lift is battery operated, the battery must be fully charged, installed and ready for immediate use. 

We recommend that all pool employees be regularly trained on 1) How to operate the lift(s), 2) Requirements regarding the availability of the lift and it’s operating condition for every body of water, and 3) Any safety considerations that might arise complying with this mandate. 

Penalties for non-compliance can exceed $55,000 per ADA citation by the DOJ.  If you have questions about compliance, contact the DOJ’s ADA consulting wing at (800) 514-0301. 


Be A Manager, Go To Jail!  The CA Corporate Criminal Liability Act

A California law that will imprison managers in work environments for as long as three years for failing to report a seriously concealed danger that might physically threaten employees or consumers.

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