How your safety record follows you into bids

On a lot of commercial work, your safety record is checked before your price is. Prequalification forms from owners and general contractors ask for injury figures from your OSHA logs, your workers' compensation experience modification rate, and your written safety program. A poor record can keep you off the bid list, and it costs you money through insurance whether or not you bid. This post shows where those numbers come from, what they cost, and what a contractor can do about them. Jobsite safety sits in General Requirements on the NASCLA Commercial General Building exam; to see where you stand, try the free 10-question check.

What a prequalification form usually asks

  • injury and illness figures for the last few years, taken from your OSHA 300 logs and 300A summaries
  • your experience modification rate (EMR, or "mod") for the same years, from your workers' compensation insurer or rating bureau
  • fatalities and serious incidents, and OSHA citations
  • your written safety program, training records and who your safety person is
  • sometimes a letter from your surety and your insurance limits

Where the injury figures come from

The OSHA recordkeeping rule, 29 CFR Part 1904, decides what goes on your log. Under it, in our words:

  • Companies with more than 10 employees at any time in the last calendar year keep the log, unless their industry is partly exempt. Construction is not on the exempt list.
  • A work-related case is recordable if it leads to death, days away, restricted work or transfer, medical treatment beyond first aid, loss of consciousness, or a significant diagnosed injury or illness.
  • Each case is logged within 7 calendar days.
  • The annual 300A summary is posted from 1 February to 30 April, and the records are kept for 5 years.

The details, including the 8-hour and 24-hour reports to OSHA for serious events, are in OSHA 300 log and injury records. Forms ask for rates rather than counts, figured by the method in OSHA's 300A instructions, so a small and a large contractor can be compared. Fill them in from your own records using the form's instructions, and keep your workpapers.

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Procurement and Contracting Requirements

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What the mod costs

The experience mod is an insurance number, not an OSHA one. It compares your workers' compensation claims with what is expected for a company with your payroll and class codes. A mod of 1.0 is average, below 1.0 is better than average, and above 1.0 is worse. Your premium is multiplied by it.

A worked example with invented rates. Payroll in a class is $1,200,000, and the manual rate is $9.00 per $100 of payroll.

  • Payroll in hundreds: 1,200,000 / 100 = 12,000
  • Manual premium: 12,000 x 9.00 = $108,000
  • With a mod of 0.82: 108,000 x 0.82 = $88,560
  • With a mod of 1.25: 108,000 x 1.25 = $135,000
  • Difference: 135,000 - 88,560 = $46,440 a year

Check: the mods differ by 1.25 - 0.82 = 0.43, and 108,000 x 0.43 = 46,440.

That difference is built into every bid's labor burden. The contractor with the 1.25 mod either prices higher or earns less on the same job. Real rates depend on the state, the class code and the insurer; the insurance guide has another worked premium.

Some owners and general contractors set a maximum mod or a maximum injury rate for their bid lists. Those limits are their own, and they differ.

Why the numbers lag

Both numbers look backward. A mod is usually based on a few past policy years of claims, and it changes slowly, so a bad year can raise premiums for several years after. Injury rates on a prequalification form are for past calendar years. Improvements today show up later, which is a reason to start now rather than when a form arrives.

What actually moves them

  • Prevent the injuries. The 29 CFR 1926 basics, such as fall protection, excavation protection, scaffolds and ladders, cover the hazards behind many serious construction injuries. See NASCLA OSHA topics.
  • Record honestly and correctly. Over-recording first aid cases inflates your figures; under-recording is a violation. Use the 1904 criteria.
  • Return-to-work programs. Getting injured workers back on suitable duty, under medical advice, can reduce days away and claim costs.
  • Report claims promptly to your insurer, and check the claims data your mod is built from.
  • Choose subs with records you have checked. Their incidents on your site can still involve you.

It feeds bonding too

Sureties ask about safety because serious accidents can stop jobs, raise costs and lead to claims. A clean record does not get you a bond on its own, but a poor one is a question the underwriter will ask. See bonding capacity and surety prequalification.

Where this sits for the exam

The bulletin lists subject areas only. Our reading puts jobsite safety under General Requirements, 25 of 115 questions, and insurance under Procurement and Contracting Requirements, 31 of 115. The listed OSHA reference is 29 CFR 1926, the construction standards. The recordkeeping rule in Part 1904 is a separate part and is not in that book.

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Sources

FAQ

What is a good experience mod?

1.0 is average. Below 1.0 means fewer or smaller claims than expected for your payroll and class codes; above 1.0 means more.

Do small contractors keep an OSHA 300 log?

Companies with 10 or fewer employees at all times in the last calendar year are partly exempt, but every covered employer must still report fatalities and serious injuries to OSHA.

Is the OSHA 300 log posted on site?

No. The 300A annual summary is posted, from 1 February to 30 April.

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