GNYADA March 2017 Newsletter

Injury and Illness Reporting Requirements Incident reports from 2016 must be displayed in dealership through April 30, 2017

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restricted work activity or job transfer medical treatment beyond first aid The following forms must be com- pleted in order to comply with OSHA’s injury/illness reporting requirements: Form 300 (Log of Work-Related Injuries and Illnesses) is the primary document used to classify work-relat- ed injuries and illnesses and the sever- ity of each. Dealerships use this elec- tronic form to record the incidents that occur in any calendar year. (If you own multiple stores, each must file a Form 300.) Form 300A is a paper form that con- tains the same information as Form 300, and it must be posted in a visible n n employer and freelancer; a list of services; the services' value and rate/method of compensation; and the date on which the hiring party must deliver payment. For hourly workers, the written contract is required once the worker's wages reach $800 for the prior 120-day period. If an employer expects that a worker will earn $800 in a 120-day period, the best practice is to offer the contract at the outset. Freelancers must be paid either on or before the contracted date, or, within 30 days of the completion of services. If a business violates the new law, freelancers have two years to file n n n

spot in the dealership between February 1 and April 30. Form 301 (Injuries and Illnesses Incident Reporting) allows dealers to provide detail on individual incidents. Dealers are required to complete this form within seven calendar days of learning about a work-related injury/illness and to keep the form on file for five years, available for OSHA to review. Forms can be accessed online at www.osha.gov. GNYADA's Field Service Reps are also available to drop off printed forms when they visit your dealership. For any further questions about these reporting requirements, call GNYADA at 718.746.5900. an administrative complaint, if they choose. The City may commence a civil action against an employer engaged in a pattern of violations of the new law and seek up to $25,000 in penalties. Workers who complete tax form 1099 can already file wage-theft complaints with the NYS Department of Labor. Now, they can take action on the city level and be entitled to statutory damages, double damages, injunctive relief, and attorney’s fees. Other specifics of the City law (No. 1017-2015) can be reviewed on legistar.council.nyc.gov . GNYADA will keep members posted on any developments. n

Automobile dealers with ten or more employees are required to keep detailed logs of work-related injuries and illnesses and to post incident summary forms. Reports of injury/ill- ness incidents for a given year must be displayed in dealerships annually from now till April 30 of the follow- ing year. A work-related injury/illness must be reported if it resulted in any of the following: death n NYC Mayor Bill De Blasio signed into law the Freelance Isn’t Free Act, establishing protections for freelance workers which takes effect on May 15, 2017. Based on the Act’s definiton of “freelance workers,” independent contractors fall into this category. At a dealership, independent contractors could include dealership valets, maintenance workers, and more. The new law includes the right for freelancers to receive a written contract that assures timely payment in full and indicates that they are protected against retaliation. Highlights of the new law include: Freelance projects valued at $800 or more must have written contracts that contain: the name and mailing address of the n n n unconsciousness missed workdays

Freelance Workers Act, Effective May 15 in NYC 6

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • March 2017 5