Week In Review

August 03, 2015

House approves bill exempting veterans from ACA employer mandate
House lawmakers have approved the Hire More Heroes Bill of 2015, which allows businesses to exempt employees from the employer mandate under the Patient Protection and Affordable Care Act (ACA) who have coverage under a health care program administered by the Department of Defense. The bill now moves to the Senate for consideration and a vote. Under current law, veterans who already receive health insurance through the VA or TRICARE would still be counted toward the employer mandate.

OSHA clarifies that employer injury record-keeping obligation is ongoing
The Occupational Safety and Health Administration (OSHA) issued a proposed rule that clarifies an employer’s continuing obligation to make and maintain an accurate record of each recordable injury and illness throughout the five-year period during which the employer is required to keep the records OSHA said that it issued the proposed rule in light of a federal court of appeals case to clarify its long-standing position that the duty to record an injury or illness continues for as long as the employer must keep records of the recordable injury or illness. The “clarification” provides that the duty to record an injury or illness continues for as long as the employer must keep records of the recordable injury or illness; the duty does not expire just because the employer fails to create the necessary records when first required to do so.

EEOC claims ADA violation when employer fired truck driver with diabetes
The EEOC has filed a new disability discrimination lawsuit against an agricultural company. The EEOC claims that the employer violated the ADA by discriminating against a truck driver because of his disability, non-insulin-dependent diabetes. The employer hired the employee contingent on his passing a pre-employment physical. The employee worked three full days for the employer – in training while riding along with other drivers. However, the employer fired the employee after receiving his pre-employment physical report, in which the examining doctor assessed him as a direct threat due to his diabetes.

SESCO recommends that clients review all applicable policy and practices to ensure compliance. For assistance, contact us at 423-764-4127 or by email at sesco@sescomgt.com

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