Notice of intent to adopt rules without a public hearing
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Did you know that fence builders are required to contact 811 at least 48 hours (excluding weekends and holidays) prior to installing a fence? While the common misconception about 811 is it’s only for large-scale digging, safe dig laws across the country require a locate request prior to any earth-moving or earth-disturbing activities. This includes using a post hole digger, driving in form pins, digging shallow holes with a hand shovel or even removing structures out of the soil such as an old fence or tree.
Beyond the legal requirements of contacting 811, having the utilities on your work site located is good for business and your safety. Knowing the approximate location of underground utilities helps you plan your job appropriately, dig safely around these facilities and avoid costly project delays, utility damages and potential state fines. Before requesting utility locates, gather the following details about the job site to provide to 811:
Next, make the free call to 811 or submit a free request online at GopherStateOneCall.org. After submitting a request to 811, document your ticket number and list of utility companies in the area of your project. Trained technicians will mark the location of buried utilities with colored flags, stakes and/or paint, at no cost to you. To speed up the physical process of locating your job site, mark the perimeter of your planned work area with white paint or flags. This tells the trained locating technician where you plan to work and helps that person avoid locating areas of a property that you won’t be working in. For example, if you’re building a fence in the backyard, mark the perimeter of the backyard with white paint indicating you don’t need buried utilities in the front or side yards located. After waiting the state-required 48 hours (excluding weekends and holidays), you can begin your project. Avoid damaging, moving or altering the paint and flags. If marks become faded or destroyed, submit another request to 811. In Minnesota, locate tickets expire after 14 days of your job site being marked. If your work on the job site will last longer than 14 days, contact 811 for a remark a few days before your marks expire.
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The Basics: When Does Your Record Keeping Obligation Kick In?
Before summarizing the new standard, it’s important to understand employers’ obligations in this area. OSHA recordkeeping requirements mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log. According to the agency, COVID-19 cases must be recorded if:
Employers Must Make an Effort To Determine Work-Relatedness Of COVID-19
In its May 19 announcement, OSHA pointed to the fact that transmission of the virus and preventing infection are now better understood, and workers are returning to work. For these reasons, the agency is now taking the position that employers in all industries should determine whether employee COVID-19 illnesses are work-related and thus recordable. Thus, as of May 26, OSHA will be enforcing the record keeping requirements for employee COVID-19 illnesses for all employers, and not just for those in high-risk industries.
The agency has provided some leeway, however. It indicated that it understands that certain small employers lack access to employees’ medical information. For this reason, it said it will not aggressively enforce the requirement against those employers.
Further, OSHA continues to recognize the difficulty in determining work-relatedness and will assess employers’ efforts in making work-related determinations. The guidance directs agency Compliance Safety and Health Officers (CSHOs) to consider a variety of factors when determining whether an employer has complied with the obligation to make a reasonable determination of work-relatedness. These factors include:
If an employer makes a reasonable and good faith inquiry but cannot determine whether it is more likely than not that exposure in the workplace played a role in the confirmed case of COVID-19, the agency says that the employer does not need to record the illness.
What Should You Do?
This new guidance highlights the importance of implementing preventive measures and measures for contact tracing as employees return to the workplace. You should continue to focus on minimizing the risk of transmission in the workplace and develop a procedure to investigate the circumstances surrounding employees who test positive for COVID-19. You should also be mindful of respecting employee privacy during your investigation into the work-relatedness of a confirmed case of COVID-19.
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