OSHA Extends Electronic Recordkeeping Compliance Deadline

OSHA has not specified a substitute compliance deadline for electronic submission of the Form 300A.  The original July 1, 2017 deadline had been applicable to LeadingAge members in the following categories:

  • Employers with 250 or more employees – The employer must submit electronically OSHA Forms 300, 300A and 301 annually.
  • 20 or more but less than 250 in certain identified industries – The employer must submit electronically OSHA Form 300A annually.  Included in the list of identified industries are nursing care facilities (NAICS 6231)community care facilities for the elderly (NAICS 6233) and other residential care facilities (NAICS 6239).
  • Other employers who receive notification from OSHA to electronically submit their OSHA Forms 300, 300A and 301. 

Electronic reporting of injuries and illnesses was included as part of a final rule published by OSHA in 2016.

 

Supreme Court Says FAA Preempts KY Arbitration Rule

The U.S. Supreme Court ruled May 15, 2017 in a 7-1 decision that the Kentucky Supreme Court's clear-statement rule violates the Federal Arbitration Act by singling out arbitration agreements for disfavored treatment. The case, Kindred Nursing Centers Limited Partnership, et al v. Clark, involved two separate powers of attorney that signed arbitration agreements upon the admission of their relatives into a Kentucky nursing home.

We are pleased that this decision reaffirmed the Supreme Court’s settled position that states may not create separate laws that impinge on the parties’ right to enter into an arbitration agreement in any case, and that nursing home contracts are not exempt from this position. However, the case also points out the importance of assuring that if a family member signs the entrance agreement he or she has a valid power of attorney. Learn more about this decision

Hill Staff Visit Section 202 Communities

This morning, LeadingAge took Hill staff on the second of three May tours of HUD Section 202 Housing for the Elderly communities.

Today's tour was of Homecrest House, which is actually three HUD communities on one property campus; two of the buildings are HUD 202 communities. The property is sponsored by B'nai B'rith International, which together with LeadingAge is coordinating the tours as part of an ad-hoc Elderly Housing Coalition. The Homecrest House Section 202 properties provide about 220 very low-income older adult households with affordable housing and a wide array of services and activities.

Staff from the Senate Special Committee on Aging as well as from House offices participated in the tour.