Cal/OSHA Moves to Strengthen Heat Illness Prevention Regulations
Heat illness prevention regulations, (the first of its kind) requested by Governor Arnold Schwarzenegger were filed by California’s Department of Industrial Relations’ (DIR) Division of Occupational Safety and Health (Cal/OSHA) a proposal with the Occupational Safety and Health Standards Board to amend California’s current law.
Current regulations require employers to make shade available, provide drinking water, provide training to supervisors and workers, and have included in a written heat illness prevention program a plan for summoning emergency responders.
The amended law is specifically designed to strengthen and improve the standards to protect outdoor workers from the hot summer sun. According to John Duncan, director of DIR and Cal/OSHA Chief Len Welsh the package will include:
1. A requirement for shade to be present at all times and a trigger for shade to be up when the temperature exceeds 85 degrees.
2. It also clarifies employees rights to take a rest in the shade whenever they feel the need to do so to prevent themselves from overheating.
3. Amendments to heat illness prevention regulations will continue until the clarity needed to promote the most effective compliance with the standard is obtained.
4. Proposed amendments will address questions raised among employers about how to comply with the standard. (workersxzcompxzkit)
This year Cal/OSHA conducted 1,971 targeted inspections and identified 507 violations of the safety and health standards. This new effort will help to expand Cal/OSHA’s successful participation and partnership with industry, labor, and community groups. This year a total of 934 heat illness prevention outreach activities were conducted, including seminars, presentations, training sessions, with both workers and their employers.
For more information on heat illness prevention and training materials visit the Cal/OSHA Web site at http://www.dir.ca.gov/heatillness.
Author: Robert Elliott, J.D. Robert_Elliott@ReduceYourWorkersComp.com has 20 years experience helping employers reduce their workers’ comp costs. His clients normally obtain savings in the range of 20-50% annually.
WC Calculator: www.reduceyourworkerscomp.com/calculator.php
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©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
For 2010, the Ontario’s Workplace Safety and Insurance Board (WSIB) will use the same method for setting premium rates as in previous years – but with one important change.
1. Premium rates will be frozen for rate groups with good health-and-safety performance. Over 200,000 employers’ premium rates will remain at 2009 levels in 2010.
2. Rates will increase for poor-performing rate groups, about 36,000 employers, compared to 90,000 in recent years.
It’s All About Accountability
Industry accountability for workplace insurance costs remains key to the WSIB’s approach to rate-setting. according to WSIB Chair Steve Mahoney and good performance must be rewarded.
Employers investing in safety, keeping their injury rates down claim durations short will be rewarded with no rate increase
Employers in rate groups placing the greatest financial burden on the system (due to fatalities, injuries and illnesses in their workplaces) will experience premium rate increases, calculated proportionally by looking at claims costs and injury frequency.
”The costs of running Ontario’s workplace safety and insurance system was impacted by recent increases to benefits, poor investment returns, and the current global financial crisis,” said Mahoney said. “We must take decisive action to maintain the financial sustainability of the system, while being fair to the workers and employers who rely on it.” Employers eligibility for rebates continues.
The WSIB maximum insurable earnings ceiling for 2010 is $77,600, and increase of 4% $74,600 in 2009. Changes to the Maximum Insurable Earnings Ceiling are directly linked to changes in average earnings in Ontario as measured by Statistics Canada, and provisions under the Workplace Safety and Insurance Act. (workersxzcompxzkit)
The WSIB will post detailed information about the 2010 preliminary premium rates – including details of rate increases for rate groups with poor health and safety records at http://www.wsib.on.ca. The WSIB is releasing preliminary rates as early as possible to assist employers with their financial forecasting and budgeting for next year. Approval of the final premium rates for 2010 is scheduled for the September WSIB Board of Directors’ meeting.
Author: Robert Elliott, J.D. Robert Elliott is a workers’ compensation consultant experienced in helping employers reduce their workers’ comp cost 20-50%. He can be reached at Robert_Elliott@ReduceYourWorkersComp.com
Workers’ Comp Kit Books & Guides: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
WC Calculator: www.reduceyourworkerscomp.com/calculator.php
TD Calculator:www.ReduceYourWorkersComp.com/transitional-duty-cost-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@ReduceYourWorkersComp.com
Highway Worker Safety Programs
To mitigate highway worker safety exposures a new educational campaign to increase awareness of dangers while helping to reduce highway worker injuries and fatal accidents was developed by Zurich in North America and The Associated General Contractors of America (AGC).
The Highway Worker Safety Program is customizable program consisting of eight interactive modules addressing traffic control, asphalt paving, bridge work, concrete paving, demolition work, earthwork and grading operations, short-term and mobile operations and utility and drainage work. The modules can be presented individually or in any combination depending on the need and availability of personnel. The program focuses on the leading causes of highway worker fatalities and serious soft tissue injuries and contains a hierarchy of safety controls, more than 80 minutes of video, trainer and trainee presentation materials, resource guides and module quizzes. The presentation package includes one Interactive DVD and one DVD-ROM with editable PowerPoint Presentation, one printed version of the Instructor's guide, and five printed versions of the Participant's Manual. (workersxzcompxzkit) Similar programs by Zurich North America and AGC (Soft Tissue Injury Prevention Program – STIPP) helped reduced the number of work related injuries as evidenced by a decrease in soft tissue injury claims. Specifically, in the first six months of implementing an awareness STIPP, proactive customers reported decreases of 30%-45% in strain, sprain, and lower back type injuries. Author: Robert Elliott, J.D.
Books & Guides: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php WC Calculator: www.reduceyourworkerscomp.com/calculator.php TD Calculator:www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php WC 101: www.ReduceYourWorkersComp.com/workers_comp.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@ReduceYourWorkersComp.com
A Nurse Case Manager’s Experience
As a nurse case manager working in workers’ compensation, most of my patients think my questions and recommendations regarding a return to work are just about saving the company money. While there is a cost-savings with the claimant returning to work, there are also other benefits.
Every day I see depression related to a prolonged period away from work and the regular work routine. This is particularly a problem with men. Men tend to define themselves as “the worker,” the one providing for the family. There is a loss of identity when injured workers can no longer identify themselves by their job. Financially they suffer. Their regular routine is disturbed. Many fail to even dress for the day since they have no place to go. Throw in the pain of an injury and the frustration with the system and soon you see clinical depression.
5 Reasons to Return-to-Work Quickly
1. Reduced recovery time. Working light duty or transitional duty helps the body to keep moving.
2. Reduced medical costs. RTW keeps depression at bay. It can also prevent costs associated with work hardening programs and the like.
3. Improved employer relations. If a worker is allowed to return they feel valued, while the alterative of sitting at home without contact from the employer can make them feel devalued.
4. Transition back into work. A return to work program allows for a transition to reacquaint the body with the essential job functions and minimizes reinjury. (workersxzcompxzkit)
5. Reduces potential for fraud and abuse-Prevents rewarding the worker financially without the benefit of work.
Author: Victoria Powell is the President of VP Medical Consulting, LLC located in Central Arkansas. VP Medical Consulting is a nurse consulting firm providing services to employers, insurance companies, attorneys and the general public. Services include case management, life care planning, legal nurse consulting, ergonomics and patient advocacy. Ms. Powell holds specialty certifications in a variety of nursing specialties. She can be reached at 501-778-3378 or through the web at http://www.vp-medical.com/
WC Calculator: www.reduceyourworkerscomp.com/calculator.php
TD Calculator:www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.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@ReduceYourWorkersComp.com
Workers’ Compensation Research Institute (WCRI) Report Michigan Payments per Claim among Lowest of 14 States Studied
Medical payments per workers’ compensation claim in Michigan were among the lowest of 14 states, largely the result of lower utilization and lower prices paid for some services, according to a new study from the Workers Compensation Research Institute (WCRI) based in Cambridge, Massachusetts.
The study, CompScopeTM Medical Benchmarks for Michigan, 9th Edition, reported medical costs per claim in Michigan increased 6% in 2006 for claims at an average 12 months of experience-similar to the increase for the median study state, but at a slower pace compared to the previous five years.
WCRI observed medical payments per claim in Michigan were 23% lower than the 14-state median. The lower-than-typical medical cost per claim raised the question of what lower payments meant for injured workers, such as whether they had problems accessing the care they desired and how satisfied they were with the care they received.
Comparing Outcomes for Injured Workers in Michigan, a new WCRI study, examined these and other questions and found Michigan injured workers reported outcomes in the middle of the range on nearly all measures, compared with worker responses in 10 other states
For example, Michigan workers had fewer problems accessing desired medical care. Their satisfaction with the overall medical care and the rate and speed of return to work were in the middle.
The study found Michigan had a combination of lower prices paid and lower utilization for some services. Payments per claim were lower for physicians and for hospital inpatient episodes compared to the typical study state, but were closer to typical for providers of physical medicine services (chiropractors and physical/occupational therapists) and for hospital outpatient services.
For example, payments per claim to physicians were 21% lower in Michigan than in the typical study state. The main reason was the services provided by Michigan physicians were less resource intensive, i.e., physicians billed less often for the most complex new and established patient office visits.
But neither the utilization nor the prices paid were consistently lower across all service types, according to the study. For example, prices paid to non-hospital providers were lower than typical for surgery and radiology, but were slightly higher than what was paid in the median state for evaluation and management and physical medicine services. These differences are aligned with Michigan’s fee schedule, observed WCRI.
Utilization (number of visits and services per visit) was somewhat lower than typical in Michigan for evaluation and management, major radiology (MRIs and CT scans), and surgery, but higher than typical only for physical medicine services.
In addition, fewer claims in Michigan involved some specialty services, such as major radiology, physical medicine, and supplies and equipment, although the surgery rate was typical.
The share of claims with chiropractic care was lower in Michigan than typical and decreasing over the study period, raising possible questions about worker access to such care.
The study also found average payment per hospital inpatient episode was among the lowest of the study states, although the share of claims with inpatient care was like the median study state. Hospital outpatient payments per service were consistently lower than in the median state across all service categories, while fewer services per claim were provided for clinic evaluation and management and relatively more services for outpatient laboratory and physical medicine.
A key reason for the recent growth in medical payments per claim in Michigan was the higher payments per claim to hospital providers; payments to non-hospital providers were generally stable.
Overall payments, however, for hospital outpatient services increased an average of nearly 9% per year from 2004 to 2006, and grew for all important outpatient services. By contrast, prices paid for non-hospital services were mostly stable in 2006 (consistent with no fee schedule changes). (workersxzcompxzkit)
Overall non-hospital utilization changed little from 2005 to 2006, but decreases were observed for some services, 3% for physical medicine and 4% to 5% for radiology.
To order this report, visit: http://www.wcrinet.org/.
Author: Robert Elliott, J.D.
WC Calculator: www.reduceyourworkerscomp.com/calculator.php
TD Calculator:
www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php
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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@ReduceYourWorkersComp.com
Recently in a discussion with a colleague about the various aspects of hiring, accommodating, providing modified duty in the case of workers’ compensation and, heaven forbid, firing an employee with a disability, she told me it was “tricky.” Well, that’s true! But being informed and communicating policies clearly takes the “mystery” out of managing disabled workers and those who may become disabled following a work-related injury.
Don’t Let This Happen to You!
A maintenance worker with a visible disfigurement as a result of sustaining severe burns to his body in a house fire began working for a company nearly three years ago. The worker was physically capable and willing to perform all his job duties, but was fired after meeting the acting district manager, who reportedly said he “noticed he (the employee) was handicapped, deformed or something,” and “it’s clear he (the employee) can’t get the job done.” Cost to the Employer: $95,000 and court mandated training programs.
See: WCK Blog: “Maryland Facility Pays $95,000 for Disability Law Suit” at
http://blog.reduceyourworkerscomp.com/?p=502
Instead Be Aware!
ADA: Americans with Disabilities Act Discusses circumstances where an employer is obligated to accommodate employees with a disability able to perform the “essential functions of the job” with or without an accommodation.
Fact: 50% of ADA claims involved injured workers collecting workers’ compensation. It’s important to coordinate your transitional duty (TD), light duty, modified duty policy with ADA and FMLA requirements.
COBRA: Consolidated Omnibus Budget Reconciliation Act) defines rights of employees when no longer eligible for employer-paid health coverage and other benefits.
ERISA: Employee Retirement Income Security Act outlines employers’ obligations to continue benefits for employees with long-term disabilities.
FMLA: Family and Medical Leave Act requires employers to give employees unpaid leave for up to 12 weeks if the employee or family member has a “serious health condition.” Employers need to be aware of the possible obligation to extend FMLA benefits if an injured worker does not want to participate in the company’s transitional duty (TD) program. (workersxzcompxzkit)
See: WCK Blog: http://blog.reduceyourworkerscomp.com/?p=369
“Interviewing, Workers Compensation and Americans with Disabilities Act”
Disability and Employment Laws Vary from State to State: Have all policies and procedures used for the workers’ compensation management initiative reviewed by your insurance and legal resources.
Author: Robert Elliott, J.D.
WC Calculator: www.reduceyourworkerscomp.com/calculator.php
TD Calculator:
www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php
Follow Us On Twitter: www.twitter.com/WorkersCompKitDo 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@ReduceYourWorkersComp.com
Medical Costs in PA Consistent With Other States
Medical costs per claim for workers’ compensation claims in Pennsylvania were typical compared with other states, but rising, a new study said.
Workers’ Compensation Research Institute (WCRI) (Cambridge, Mass.) reported typical but rising medical costs per workers’ compensation claim in 2006/2007 in Pennsylvania fell into two categories, as compared to the median state in a 14-state study, CompScopeTM Medical Benchmarks for Pennsylvania, 9th Edition.
1. Lower costs per claim were a result of services billed by physicians and hospitals, driven by lower to typical prices paid to physicians and lower payments per service for hospital outpatient services.
2. Higher costs per claim were a result of services billed by chiropractors and physical therapists, stemming from higher utilization of these services due to more visits per claim offset by typical prices paid. These payments accounted for 13% of total medical claims dollars with seven plus days of lost time in the study year.
The study reported in Pennsylvania:
1. More claims received clinic/evaluation and management (office visits), physical therapy (modalities and procedures), and minor radiology (X-rays) services in a hospital outpatient setting than in other study states.
2. Suggesting more routine procedures were delivered in a hospital outpatient setting than provided by non-hospital providers in other states.
3. More frequent use of hospital outpatient services may mean physicians and physical/occupational therapists might have billed more often for their services under hospital ownership than in the typical state.
4. Although more care was delivered in a hospital outpatient setting, the average medical cost per claim in was substantially lower than other study states.
Example:
1. Medical costs per claim for operating/treatment/recovery room services were 41% lower than the typical state.
2. Major radiology services (MRIs and CT scans) were 20% lower.
3. Minor radiology services (X rays) were 18% lower.
Overall lower payments per claim were primarily driven by lower payments per service; services per claim were generally typical of the study states.
1. Medical costs per claim grew by 11% in.
2. Non-hospital providers grew by 8%, driven mainly by an increase in utilization for services billed by physicians and chiropractors. (workersxzcompxzkit)
3. Hospital outpatient payments per claim were not a significant cost driver in the latest year.
The study noted in 2006/2007, the average hospital inpatient payment per episode increased significantly although the median or typical payment per episode showed little change. The average payment per episode is very sensitive to the number of episodes and length of stay. Hence, the median or typical payment per episode is a more meaningful measure to observe changes in the trend.
To order this report, go to the WCRI Web site: www.wcrinet.org.
Author: Robert Elliott, J.D.
WC Calculator: www.reduceyourworkerscomp.com/calculator.php
TD Calculator:www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.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@ReduceYourWorkersComp.com
Bring Workers Back the Right Way
One basic way to avoid extravagant workers’ compensation costs is to get your employee back to work. Due to an injury, however, it is possible they may not be able to perform the same job as before or can still do it, but with some modifications.
We call these modifications “transitional duties.” This gets your employee back to work, earning a paycheck and not sitting at home taking in workers’ comp checks and becoming psychologically used to not working.
Here are some tips:
Adopt a corporate-wide Injury Management Transitional Duty Policy describing how transitional duty is implemented at your workplace including:
- The length of transitional duty assignments.
- The circumstances under which employees will perform transitional duty.
- Types of transitions duty offered.
- The circumstances under which employs will be retuned to regular work.
Develop a transitional duty job bank which includes:Jobs or tasks indentified for use in your injury management transitional duty program. Tasks should accommodate injuries of employees who are out of work due to a work-related injury.
Be sure to hold weekly meetings with injured employees to monitor progress and document return-to-work obstacles. (workersxzcompxzkit).
Author: Robert Elliott, J.D.
Workers’ Comp Kit Books & Guides: Corner.advisen.com/wcbooks
WC 101: www.ReduceYourWorkersComp.com/workers_comp.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 IInfo@ReduceYourWorkersComp.com
WorkSafeBC Imposes Penalties in Canada Line Crane Operator Fatality
WorkSafeBC (British Columbia) has imposed administrative penalties totaling $315,343.71 against two firms involved in construction of the Canada Line rapid transit route associated with the death of a crane operator killed while working on the North Arm Bridge connecting the Vancouver and Richmond sections of the line.
Here’s What Happen
In 2008 the crane operator was using a small carry-deck crane as part of the ironworker crew installing bike path components onto the Vancouver side of the North Arm Bridge. When he attempted to move a load of hardware from the front deck of the crane to the bike path below by swinging it over the bridge guide-way, the crane tipped over on the driver’s side. The crane operator tried to exit the rear of the crane, but was pinched between the crane and the guide-way’s parapet wall and was killed instantly. (workersxzcompxzkit)
WorkSafeBC’s Investigation Conclusions
Four underlying factors contributed to the incident:
1. Insufficient supervision of the work
2. Load weights were not clearly presented
3. No effective system to measure operating radius
4. Insufficient training and experience of the operator
Penalty Assessments
1. $233,535.58 imposed on the deceased worker’s employer and the joint- venture capitalist.
2. $81,808.13 imposed on the prime contractor of the Canada Line project.
Prevention is always preferable to post injury controls, but it’s necessary to have both in place in the event the unexpected occurs. Put procedures in place before an injury occurs.
Workers’ Comp Kit Books & Guides: 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.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
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