Companies with more than one operating unit have a bigger challenge than most to get their arms around their workers' comp problems. Given the georgraphical disparity and the cost of travel, plus the silos of different departments within a company, determining where the gaps are presents challenges for risk managers of decentralized companies. The Gap Analysis uses the best practices used in the 2009 RIMS Benchmark Survey as a metric. This year the 2009 RIMS Benchmark Survey included WC operating best practices, so you can compare your units to this official industry survey.
When each operating unit takes the best practice assessment, the results are compiled into a Gap Analysis. This provides a summarized list of how many recommendations for improvement need to be incorporated into your workers' comp training programs. This takes only one hour. Up until now this would have been impossible to accomplish or would have taken months for a consultant to interview many divisions then write a report and present the reports.
Author: Rebecca Shafer, J.D. Rebecca designs and develops workers' compensation cost containment programs, and is the developer or Workers' Comp Kit, an on-line automated tool kit with an assessment, benchmarking and improvement plan. Rebecca can be contacted at: 860-786-8286 and email: RShafer@ReduceYourWorkersComp.com. http://www.reduceyourworkerscomp.com/
WC IQ Test: http://www.workerscompkit.com/intro/ WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php WC Calculator: www.reduceyourworkerscomp.com/calculator.php WC 101: www.ReduceYourWorkersComp.com/workers_comp.php Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers' comp issues.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com�
EEOC Files Suit against Airline for Alleged Disability Discrimination
A flight operations clerk was allegedly fired by an airline based in Tennessee for violating federal law by allegedly firing the operations clerk based on the worker’s disability of left knee arthritis.
The EEOC’s law suit (Case No. 2:09-CV-13300) filed in the U.S. District Court for the Eastern District of Michigan), states the airline terminated the worker because it believed she walked too slowly.
According to the EEOC, the employee spent the majority of her time performing administrative tasks requiring her to sit at a desk. She also performed some duties requiring her to walk between concourses.
A few weeks after being hired, the clerk developed pain in her left knee and was eventually diagnosed with arthritis. She was, however, able to continue working, although she used a cane and walked with a limp. Nevertheless, the airline fired her shortly after diagnosis, despite walking with a limp and using a cane for assistance. Nevertheless, Pinnacle fired her shortly thereafter.
This type of alleged conduct violates the Americans With Disabilities Act (ADA), which prohibits employers from discriminating against employees on the basis of disability.
The law suit was filed against the airline after the EEOC first attempted to reach a voluntary settlement. The agency seeks to recover monetary compensation for the worker in the form of back pay and compensatory damages for emotional distress and punitive damages.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
WC IQ Test: http://www.workerscompkit.com/intro/
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
WC Calculator: www.reduceyourworkerscomp.com/calculator.php
Do not use this information without independent verification.
All state laws vary. Make sure to ask your insurance broker’s advice about workers’ compensation issues.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Bad News Delivered to Former Postal Service Employee Investigators got a break in a case when surveillance videos demonstrated a postal mechanic, claiming a workplace injury, showed the man attending a football game, painting his house and doing other activities without apparent stress to his right arm. The worker, claimed he was unable to after injuring his right arm on the job. (workersxzcompxzkit) The defendant, found guilty on two of 14 counts of filing false reports to receive workers' compensation will spend 10 months in federal prison, must return nearly $55,000 in workers' comp benefits and medical costs he received and pay an additional $1,400 to a crime victims' fund.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers' Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
WC IQ Test: http://www.workerscompkit.com/intro/ WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php WC Calculator: www.reduceyourworkerscomp.com/calculator.php Follow Us On Twitter: www.twitter.com/WorkersCompKit Do not use this information without independent verification. All state laws vary. Ask your workers' comp insurance broker about any workers' comp issues.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Injured Worker Caught Misbehavin’ Online (or: How an Employer Learned to Stop Worrying and Love MySpace)
While employers have legitimate concerns about employees revealing company trade secrets and other confidential work information on MySpace, Facebook, Twitter, etc., employers have also found social media useful for snooping into their employees’ personal lives.
Today The Virginian-Pilot reported that Dollar Tree, which suspected a cashier was abusing a workers’ compensation claim ($100,000 in payments for a back injury), located the worker’s MySpace page and found she had accepted a side job taking photographs.
Sure enough, the company’s representatives investigated and found the employee carrying camera equipment and picking up children at an event with nary a sign of back pain. Dollar Tree subsequently appealed the case and won.
This is one of the first media reports we’ve seen confirming that a large corporation like Dollar Tree has successfully used MySpace to bust an injured worker.
Injured Workers Beware:
What you say and do on MySpace can and will come back to haunt you if you’re doing something wrong.
Richard Meneghello, a partner at Fisher & Phillips, LLP, warned that electronic communication tends to embolden people, enabling them to say things they wouldn’t say otherwise. People often let down their guard when it comes to electronic media because, unlike face-to-face meetings, there’s a lack of immediate repercussions.
“It is sort of shocking actually how few people really comprehend the extent to which anything they put online is going to be sort of available at some point or another for everyone to see,” Margaret DiBianca, mdibianca@ycst.com an associate with Young, Conaway, Stargatt and Taylor, told the LexisNexis Workers’ Compensation Law Center. “They are not advertising it to the world in their mind because they’re posting it on a ‘private setting,’ but there are lots of ways for an employer’s security consultant to get around the privacy settings.”
DiBianca explained it’s more common, though, that another employee will disclose it. “Another employee who has legitimate access to the person who is out on workers’ comp has been ‘friended’ by them, has access to the site, gets on and sees it, and then turns it in either directly to the employer or to a friend, who then sends it to another friend, and it makes its way to the employer.” (workersxzcompxzkit)
DiBianca is unsure how the law will develop, what with more Gen-Y’ers entering the workforce and using social networking at an early age, leaving a high-tech paper trail for everyone to see and peruse. “Technology is ingrained in their daily life,” said DiBianca.
Contributed by: Robin E. Kobayashi, LexisNexis Law Center Staff
Lexis-Nexis Workers’ Compensation Law Center.
WC IQ Test: http://www.workerscompkit.com/intro/
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
WC Calculator: www.reduceyourworkerscomp.com/calculator.php
Do not use this information without independent verification.
All state laws vary. You can also ask your insurance broker for advice on all workers’ comp issues.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Washington Residents Admit Illegal Hiring Practices
Two family members, owners of an engine company, pleaded guilty to federal charges of knowingly hiring undocumented workers authorities in Washington State reported. Note: It is quite likely that workers’ compensation coverage was not provided for those workers.
The brother and sister offered guilty pleas in U.S. District Court after admitting they permitted undocumented workers to file false employment forms with the government. Under the plea agreement, the pair will likely face probation. Federal prosecutors also charged the employers with conspiring to encourage undocumented immigrants to remain in the United States between 2006 and 2009.
The guilty pleas stem from a raid early this year (2009) leading to the arrests of more than two dozen undocumented workers.
After the raid, almost all of those arrested were allowed work permits which will remain in force for as long as the government continues its investigation of the company. (workersxzcompxzkit)
According to one U.S. Attorney who commented on the proceedings, “This case should put employers on notice that if they knowingly employ those who lack legal status, they face prosecution for federal felonies.”
The ruling didn’t please activists on either side of the immigration issue.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
WC IQ Test: http://www.workerscompkit.com/intro/
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
WC Calculator: www.reduceyourworkerscomp.com/calculator.php
Do not use this information without independent verification.
All state laws vary.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
New Hampshire Updates Employee-Leasing Law
The New Hampshire Department of Labor notes changes to the recent employee-leasing law, RSA chapter 277-B, signed on July 31, 2009 and becoming effective on September 29, 2009.
A major change from prior law is the employee leasing company may have two separate and simultaneous workers’ compensation carriers, but only one carrier in the voluntary market and one in the residual market. Each client must be completely within one policy or the other, and both policies must clearly delineate which clients are included.
The new 277-B:9 clarifies the duties of each entity (the leasing company or the client) as to who is the “employer” under what circumstances. For example . . .
The leasing company is responsible for wages and taxes and employee manuals.
The client is responsible for the goods and services it produces; wage-and-hour, safety, and discrimination compliance; and professional licenses.
Fines and civil penalties for violations of labor laws may be split between the leasing company and the client, depending upon the actual responsibility of each.
Starting August 17, 2009, NHDOL will impose on an employee leasing company a civil penalty of $50 per day, for each day beyond 10 days, that NHDOL does not receive a proper notification of client company engagement or termination.
RSA 277-B:9 III requires an employee leasing company to notify the Commissioner of Labor in writing within 10 days of engagement or termination of a client company. This allows the NHDOL to track workers’ compensation insurance coverage compliance, among other oversight duties. (workersxzcompxzkit)
Violation of this notification law may result in a civil penalty of “up to $1,000 per employee per day for each day the violation continues” per 277-B:12 II.
See http://www.labor.state.nh.us/news_about_NHDOL.asp for more information.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
WC IQ Test: http://www.workerscompkit.com/intro/
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
WC Calculator: www.reduceyourworkerscomp.com/calculator.php
Do not use this information without independent verification.
All state laws vary.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
OSHA Urges Action for Southwestern Pennsylvania Construction Employers
Workers must be protected from falls – Implement these tips.
1. Guardrail systems
2. Safety net systems
3. Personal fall arrest systems
4. Properly anchored body harnesses and lanyards
5. Use of safe work practices and training
“Falls are the leading cause of fatalities in the construction industry,” said Robert Szymanski, director of the Pittsburgh OSHA office. “These recent accidents in Allegheny and Washington counties are tragic reminders of the dangers posed to workers when adequate protection is not provided.”
Following four recent fatal construction accidents in southwestern Pennsylvania, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is calling on construction employers to ensure that employees working above six feet have the proper equipment to protect themselves from falls on the job. Every employer needs to be very familiar with information on fall protection. (workersxzcompxzkit)
Visit OSHA’s Web site at http://www.osha.gov/SLTC/fallprotection/index.html
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
WC IQ Test: http://www.workerscompkit.com/intro/
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
WC Calculator: www.reduceyourworkerscomp.com/calculator.php
Do not use this information without independent verification.
All state laws vary.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
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Corporation to Pay $23 Million to Settle Employee Lawsuit
A California corporation reached a tentative settlement of a 2003 class-action complaint in federal court alleging the employer illegally withheld overtime pay to drivers of its delivery routes. According to the lawsuit, the employer misclassified route drivers as exempt employees under wage-and-hour laws to avoid paying overtime for working more than a 40 hour workweek.
Misclassification of the employees can result in workers’ comp problems, as well as, lawsuits.
Union representatives said the employer will pay $23 million to settle the matter, in line with a federal mediator’s proposal. The dispute was in arbitration up to this point.
A judge for U.S. District Court in San Jose halted its proceedings last week while the parties documented and made arrangements for final approval of the deal. (workersxzcompxzkit)
The union said it would be months before a final settlement agreement gains approval from the court.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
WC IQ Test: http://www.workerscompkit.com/intro/
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
Follow Us On Twitter: www.twitter.com/WorkersCompKit
Do not use this information without independent verification.
All state laws vary.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
To repeat our “siren song:” It’s the goal of every employer to reduce, reduce workers’ compensation cost. Laws suits, fines, non-compliance with federal and state laws COST MONEY.
Pre-employment screening is a tool employers use to determine whether applicants can safely perform the jobs they are hired for and locate workers who are otherwise qualifed for the jobs for which they are applying. It is not meant to be used to discriminate against classes of workers, as one employer discovered. Be careful your policies don’t unintentially discriminate against a protected class.
Manufacturer Pays Dearly for Engaging in Hiring Discrimination
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) reports a large, well-known southern manufacturer agreed to settle findings of hiring discrimination against 1,912 rejected minority and female applicants for entry-level positions engaged in for a period of one year.
During a scheduled compliance evaluation of the employer, OFCCP investigators alleged hiring disparity in:
1. Inconsistent selection procedures for entry-level positions.
2. Use of pre-employment tests negatively impacting minority applicants and insufficient evidence of validity to support test use.
In addition to paying the 1,912 applicants $900,000 in back pay with interest, the company must:
1. Discontinue use of the test in question when hiring for entry-level positions.
2. Provide 61 entry-level positions, (11 already filled).
3. Undertake extensive self-monitoring measures to ensure all hiring practices fully comply with the law and immediately correct any discriminatory practices. (workersxzcompxzkit)
4. Ensure compliance with Executive Order 11246 record-keeping requirements.
The Office of Federal Contract Compliance Programs enforces Executive Order 11246 and other laws prohibiting employment discrimination by federal contractors.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
Free WC Management IQ Test: http://www.workerscompkit.com/intro/
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
WC Calculator: www.reduceyourworkerscomp.com/calculator.php
Follow Us On Twitter: www.twitter.com/WorkersCompKit
Do not use this information without independent verification.
All state laws vary.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Indiana Sees Reduction in Workplace Deaths
The Bureau of Labor Statistics (BLS) Census of Fatal Occupational Injuries (CFOI) (2008), as reported by the Indiana Department of Labor (IDOL) has released workplace fatality statistics. While we primarily focus on post-loss management, eliminating injuries is always better than trying to reduce costs after an incident.
The 2008 total was 11% below the ten-year average, even though a total of 132 Hoosiers suffered a fatal injury while working, an increase of five fatalities over 2007. This figure represents the second lowest number since CFOI began releasing data in 1992.
Commissioner of Labor, Lori Torres said, “Although the news of overall improvements or general trending downward is positive, each fatality affects, in a profound way, the family of each victim.” IDOL has greatly increased its enforcement and consultation efforts over the past few years with the explicit goal of lowering the number of workplace fatalities, injuries, and illnesses. In 2008 IOSHA conducted just under 2000 inspections-this is a nearly 70% increase over the number of inspections in 2007.
INSafe, the training arm of the IDOL, conducted over 500 consultations in 2008 representing a 25% increase over 2007. In addition, IOSHA collected 8% more money in fines over 2007 from out of compliance. IDOL also entered into partnerships and awarded recognition to those companies with superior safety records.
The top three industries with occupational fatalities in 2008 are agriculture (22), construction (19) and manufacturing (18).
Nineteen of the 22 agricultural-related fatalities were in crop production, with one-third of the fatalities resulting from overturned farm equipment.
Manufacturing industry fatalities saw an increase from the record-low, seven fatalities, as reported in 2007.
Although Indiana’s construction industry has a comparatively high number of fatalities to other industries, it continues on a three-year downward trend. An industry high was reported in construction in 1992 with 32 fatalities versus 19 in 2008.
The transportation and warehousing sector, usually leading the industry count in occupational fatalities, had the lowest number on record in Indiana with 16 in 2008. This represents a 48% decrease from the 2007. The 10-year average for this industry is 28 deaths.
When combining all industries together, transportation accidents lead as the primary cause of work-related fatalities. In 2008, Indiana reported 61 work-related fatal transportation incidents. This count includes 27 highway accidents and 14 workers struck by vehicles. The industry in Indiana with the highest number of transportation-related fatalities was agriculture. (workersxzcompxzkit)
The next most common event resulting in work-related death is categorized as contact with objects, in which 34 workers were killed. This is the highest number of incidents on record and includes 14 workers struck by a falling object, as well as 11 workers caught in or compressed by equipment or objects.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
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Do not use this information without independent verification.
All state laws vary.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
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