OSHA recently announced a new directive that withdraws an earlier one allowing residential builders to bypass fall protection requirements.
The 1995 policy was initially intended to be temporary. It was the result of concerns about the feasibility of fall protection in residential building construction. (WCxKit)
However, OSHA says there continues to be a high number of fall-related deaths in construction and believes that feasibility is no longer an issue.
The recent action requires all residential construction employers to comply with 29 CFR 1926.501(b) (13).
Construction and roofing companies will have up to 6 months to comply with the new policy.
OSHA has developed training and compliance material for small employers and will host a webinar for those interested in learning more about compliance.
Resources are available on the agency Web site at: http://www.osha.gov/doc/residential_fall_protection.html.
“Fatalities from falls are the number one cause of workplace deaths in construction,” said OSHA Chief Dr. David Michaels. “We cannot tolerate workers getting killed in residential construction when effective means are readily available to prevent those deaths,” Michaels added.
According to the Bureau of Labor Statistics, an average of 40 workers are killed each year as a result of falls from residential roofs. (WCxKit)
OSHA points out that a third of those are Latino workers who often lack sufficient access to safety information and protections.
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, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
©2011 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 carry out successful transitional work programs, risk managers must also help convince employees of the benefits of these programs.
The most critical element in any return-to-work program is keeping the disabled employee actively involved in the workplace.(WCxKit)
When a worker is injured, the employer must maintain contact with the employee throughout the recovery period so he or she does not become “psychologically disemployed.” The phenomenon of “psychological disemployment” occurs when employees are away from the work environment for an extended period. During this period, employees begin to perceive themselves as having become “distanced” from the company — that is, the same company paying their workers compensation benefits.
To gain employees acceptance, transitional work programs must be carried out properly.
1. The company should publicize the program in a positive manner. This requires ensuring employees understand that transitional work programs will keep them productive during their convalescence.
2. A company must apply its return-to-work policy equally to all employees.
3. Employers should schedule weekly meetings with the injured employee throughout the convalescence period. These meetings are a good way to obtain an informal status report concerning the types of physical activities the employee is able to engage in, the treatments the employee’s physician has prescribed or any problems the employee may be encountering.
This weekly contact underscores the companys expectation that the employee will return to work in some capacity as an active part of the work force.
Weekly progress meetings allow the company to demonstrate its concern about the continued welfare of the employee.
4. Send the employee “Get Well” cards and other remembrances throughout the convalescence.
5. Ensure that the company doctor or physician consultant talks to the injured employees treating physician about initiating a return-to-work plan at the earliest possible juncture during the convalescence.
The physician consultant can telephone the treating doctor and discuss the status of an employees convalescence on a doctor-to-doctor basis.
Often, treating physicians are more willing to discuss a patients progress with another physician. This allows the physician consultant to discuss the medical aspects of the employees claim, such as the diagnosis, prognosis and treatment plan and then work with the treating physician to establish an estimated return-to-work date.(WCxKit)
6. It is critically important return-to-work programs become part of the corporate culture supported 100% by management. Thus, it becomes part of employees expectations that if they “go out on workers compensation,” they will return to work shortly in some form of transitional work capacity.
Transitional duty is the Way to go – how do you sell your employees on the idea? Find out five methods by following #WorkersComp.
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: RShafer@ReduceYourWorkersComp.com or 860-553-6604.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
Californias Division of Workers Compensation (DWC) recently posted two annual reports to its Website. The Audit Unit annual report and the Ethics Advisory Committee annual report are now available online.
The Audit Unit’s 2010 annual report provides information on how claims administrators audited by the DWC in 2009 performed and includes a ranking report. (WCxKit)
The report details the results of 53 audits conducted in 2009 and provides a statewide listing of all audits conducted, together with analyses of cited violations and compensation found due and unpaid to injured workers.
Performance ratings, cited violations and compensation due are also detailed in exhibits for the individual audits. The report includes the administrative directors ranking report, which lists all claims administrators audited during 2009 according to their performance.
The workers comp ethics advisory committee (EAC) is a state committee independent from the DWC that is charged with reviewing and monitoring complaints of misconduct filed against workers comp administrative law judges (WCALJs).
As civil servants, WCALJs are not subject to review by the California Commission on Judicial Performance, the agency responsible for investigating misconduct complaints of judges serving on Appellate and Superior courts. The EACs authority and duties are set forth in Title 8, California Code of Regulations, sections 9720.1 through 9723. The committee meets regularly to review complaints of judicial misconduct and to recommend to the DWC court administrator if a complaint warrants a formal investigation by the court administrator or administrative directors staff. (WCxKit)
The EACs 2009 annual report contains a description of complaints and actions taken.
For further information, visit:
http://www.dir.ca.gov/DWC/
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, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
Glutaraldehyde is a toxic chemical that is used as a cold sterilant to disinfect and clean heat-sensitive medical, surgical and dental equipment.
It is found in products such as Cidex, Aldesen, Hospex, Sporicidin, Omnicide, Matricide, Wavicide and others. Glutaraldehyde is used in a limited number of applications, rather than as a general disinfectant. Specific applications include use as a disinfecting agent for respiratory therapy equipment, bronchoscopes, physical therapy whirlpool tubs, surgical instruments, anesthesia equipment parts, x-ray tabletops, dialyzers, and dialysis treatment equipment. (WCxKit)
This puts hospital central supply workers at risk. Glutaraldehyde is also used as a tissue fixative in histology and pathology labs and as a hardening agent in the development of x-rays.
Health effects of glutaraldehyde exposure include:
Short term (acute) effects: Contact with glutaraldehyde liquid and vapor can severely irritate the eyes, and at higher concentrations burns the skin. Breathing glutaraldehyde can irritate the nose, throat, and respiratory tract, causing coughing and wheezing, nausea, headaches, drowsiness, nosebleeds, and dizziness.
Long-term (chronic) effects: Glutaraldehyde is a sensitizer. This means some workers will become very sensitive to glutaraldehyde and have strong reactions if they are exposed to even small amounts. Workers may get sudden asthma attacks with difficult breathing, wheezing, coughing, and tightness in the chest. Prolonged exposure can cause a skin allergy and chronic eczema, and afterwards, exposure to small amounts produces severe itching and skin rashes. It has been implicated as a possible cause of occupational asthma. (WCxKit)
The National Institute for Occupational Safety and Health (NIOSH) suggests ways in which health care workers may be exposed to glutaraldehyde including:
1. Hospital staff who work in areas with a cold sterilizing procedure that uses glutaraldehyde (e.g., gastroenterology or cardiology departments).
2. Hospital staff who work in operating rooms, dialysis departments, endoscopy units, and intensive care units, where glutaraldehyde formulations are used ininfection control procedures.
3. Central Supply workers who use glutaraldehyde as a sterilant.
4. Research Technicians, researchers, and pharmacy personnel who either prepare the alkaline solutions or fix tissues in histology and pathology labs.
5. Laboratory workers who sterilize bench tops with glutaraldehyde solutions.
6. Workers who develop x-rays.
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: RShafer@ReduceYourWorkersComp.com or 860-553-6604.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
Account Servicing Instructions (ASIs) is the way smart companies manage workers compensation claims and litigation.
Finding out how medical billing and other factors will be reviewed is a critical component to developing a clear ASI that gives your company the edge.(WCxKit)
Also known as account instructions, claim service instructions or account handling instructions, ASI represent the agreement or understanding between the insured and the field adjusters at the insurer’s branch offices that guides the handling of all suits and claims, both litigated and non-litigated.
After ASI are negotiated, the insured must familiarize all internal claims handling personnel with the provisions of the ASI and provide them with a written copy to ensure they understand the responsibilities for key areas of claims handling.
In addition to containing policyholder information and details about coverage and dissemination of data (loss runs), ASI can also contain other lesser-known guidelines.
For example, the referral of medical reports to a physician consultant for preparation of a letter to set up an independent medical examination (IME), or a requirement saying subrogation can be waived only upon receipt of a written evaluation and agreement by the company.
The following should be addressed by or incorporated into ASI for a company to gain more control:
1. Medical Bill Review
Who audits medical bills for your open claims? How and when are medical bills audited? Who will audit the hospital bills? What level of hospital bills is audited? Do you decide if medical case management is warranted? Is there immediate and automatic referral of complex lost-time cases to medical case management?
2. Utilization Review
How do you decide which bills and services will be reviewed? Who have you retained to provide this service? When peer-to-peer review of claims is performed, it results in proactive pharmacy benefits management. List the providers in your account instructions.
3. Referral to Vocational Rehabilitation and Physical Therapy
Who decides if vocational rehabilitation is warranted? Do you automatically refer complex lost-time cases to vocational rehabilitation? Will reports be sent to your company? Will Physical Therapy help healing, avoid surgery, make sure your preferred vendor is in the account instructions.
4. Alternative Dispute Resolution/Mediation
Is alternative dispute resolution considered on all claims for all lines?(WCxKit)
5. Miscellaneous
Do you have the option to change your account instructions? Do you have the right to review the complete original claim file? Are you or are subrogating insurance carriers members of the Center for Public Resources (a non-profit organization whose members agree to avoid litigation and try to pursue alternative means of dispute resolution)? If so, is this noted?
Writing an ASI to combat workers compensation costs. Five things to think about #WorkersComp.
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: RShafer@ReduceYourWorkersComp.com .
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
Japanese officials are reviewing regulations that would prohibit smoking in the workplace except in enclosed areas.
According to United Press International, an advisory committee submitted the plan recently to Health Minister Ritsuo Hosokawa, The Yomiuri Shimbun reported. Legislation will probably be submitted this year to Parliament.
Japan now has a voluntary policy on smoking. A 2007 survey reported just over half of businesses had not taken steps to protect non-smokers from secondhand smoke by totally prohibiting the practice or creating leak-proof smoking rooms.
Ryuji Abe, president of a Tokyo real estate company, Daku Enterprises, stated the company will have to create a smoking room.
"It'll be difficult in this building because the work will be costly. But we can't tell our clients not to smoke," Abe commented.
Officials report the Health, Labor and Welfare Ministry may provide some assistance for companies constructing smoking rooms.
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, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
Montana Republicans on a House panel endorsed a bill Feb. 8 that is expected to be the sessions major workers compensation reform measure. Meantime, a leading Democrat claims its savings fall too much on the backs of injured workers.
The bill createsa huge amount of up-front savings, all taken out of workers benefits, said Rep. Chuck Hunter, D-Helena. "We dont agree that's the right thing to do." (WCxKit)
According to The Missoulian, the House Business and Labor Committee endorsed House Bill 334 on a party-line 14-7 vote, with all Democrats coming out against it.
Rep. Scott Reichner, R-Bigfork, the sponsor of HB334, states the Republican majority in the House will approve the bill the week of Feb. 7 and send it on to the Senate, where another workers comp bill was to be heard.
Yet, as Hunter pointed out, whatever bill passes the Republican-controlled Legislature still must gain the approval of Democratic Gov. Brian Schweitzer.
"He has already signaled that hes not going to accept a bill that balances this whole program on the backs of injured workers," Hunter said of the governor.
Montana premiums for workers comp, which businesses are required to have to insure against on-the-job injuries, rank among the largest nationwide.
Republicans and Democrats both agree the problem needs to be addressed, to decrease costs for employers in Montana.
According to the language in HB334:
1. It ends medical benefits for work-related injuries five years after the injury. A two-year exception can be granted for surgery to help the worker return to work.
2. It redefines who is eligible for payment for a "permanent impairment," cutting out most that would be eligible under current law.
3. It creates a list of physicians that injured workers must see, rather than letting them choose any doctor.
On Feb. 8, the House Business and Labor Committee also backed Hunters HB186, which would spend $1 million a year on workplace safety programs, to attempt to lessen Montanas high workplace accident rate. (WCxKit)
The panel amended the bill to state it will fail unless Reichners HB334 is approved by the Legislature.
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, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
Most employers understand the importance of drug testing to prevent both workers compensation accidents and accidents that damage property. When an employee has a
work related accident resulting in injury, a drug test should be a part of the immediate medical care. The reasons and the importance of drug testing are easy to understand. The types of drug test and how they are administered is more technical.
A drug test involves taking a biological specimen and having it analyzed for the presence or absence of specific drugs or their metabolites (the products of metabolism). The biological specimen can be urine, blood, hair, saliva or even sweat. (WCxKit)
The most common drug test is the urine drug screen. This typically involves collecting a urine specimen in a cup specifically designed for this purpose. The cup comes with a cap that seals and the cap is taped down with tamper resistant tape. A label with the either the employee's name or a unique number assigned to the employee is used to identify from whom the specimen was obtained. The urine specimen is delivered to the laboratory where it is screened for drugs.
At the laboratory, the most common drug screen is the one required by the federal government for commercial class drivers licenses. It is referred to as the SAMHSA 5 panel. (SAMHSA – Substance Abuse and Mental Health Services Administration). The five substances tested for are:
1. Cannabinoides (marijuana, hash)
2. Cocaine (cocaine, crack, benzoylecognine)
3. Amphetamines (amphetamines, methamphetamines, speed)
4. Opiates (heroin, opium, codeine, morphine)
5. Phencyclidine (PCP)
To perform the testing, the specimen is split into half. The first half goes into an analyzer that measures the presence or concentration of a substance in the urine. If the test shows the presence of a drug, the second half of the urine is test using a gas chromatography method (which means they separate the urine into the various substances within it). The test results are then reviewed by a physician for confirmation of the results. If the test results are negative, the employer is advised the drug test was negative. If the test results are positive, the employee is contacted to see if there is any valid reason for the test result to be positive – for instance a prescription drug.
A drug test that is more accurate than the testing of urine is a
blood test. The blood sample is drawn from the employee, labeled and sent to the laboratory where it is placed in centrifuge where the blood plasma and blood cells are separated. The plasma is then tested for the presence of illicit drugs. Blood testing is not commonly used as the collection method is considered more intrusive and it is most expensive method of drug testing. However, it is considered the most accurate drug test.
In the last decade the use of hair in laboratory test for the detection of illicit drugs has developed into a reliable forensic toxicology method that has been approved by the courts. Once ingested, cannainoids, cocaine, amphetamines and opiates are metabolized by the body. Their breakdown products enter the hair root where they are deposited and remain until the hair grows out and is cut off or the hair falls out. Except for the abuse of alcohol, hair is considered a very reliable indicator of illicit drug use up to 90 days after the drug was ingested.
As most illicit drug users know the urine test and blood test are accurate for only recent use of the illicit drugs, they will often try to delay their drug testing until their body has had an opportunity to eliminate the drugs. Time is not the only factor that determines whether or not the drug test will reflect recent use of an illicit drug. Factors that impact the drug testing include the type of drug used, the body mass, the metabolic rate, the age of the user, the overall health of the user, the amount and frequency of use, and with urine drug test – the urine pH.
A urine drug test has a longer detection window of time then a blood test. Urine test are accurate for cannabis for a minimum of 3 days and up to 7 days, but up to 30 days for heavy users or users with high body fat. Urine test are accurate for cocaine for a minimum of 2 days and up to 5 days. Urine test are accurate for amphetamines for a minimum of 1 day and up to 5 days (except for methamphetamine, it is accurate for 3 to 15 days). Urine tests are accurate for codeine for 2 to 3 days, heroin 3 to 4 days and for PCP for 3 to 7 days for a single use, but up to 30 days for chronic users of PCP. (WCxKit)
According to the Tennessee Department of Labor, thirty-eight to fifty percent of all workers compensation claims are related to substance abuse. How the illicit use of drugs will impact the work comp claim varies tremendously from state to state. In approximately 40 states the employee's workers compensation benefits can be denied or reduced for being under the influence of drugs at the time of accident.
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com . Contact: RShafer@ReduceYourWorkersComp.com .
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
Australia's federal work health and safety regulator, Comcare, recently launched Federal Court proceedings against the Australian Postal Corporation (Australia Post) in response to an incident at a Queensland mail delivery centre.
Comcare alleges that Australia Post contravened federal work health and safety laws by failing to take all reasonably practicable steps to protect the health and safety of its employees and contractors in relation to matters over which it has control. The maximum penalty for this type of legislative breach by a body corporate is $242,000. (WCxKit)
The proceedings arise from an alleged incident in July 2008 at Queensland mail delivery centre where a contractor involved in loading mail was run over by a forklift. As a result of being run over the contractor received severe crush injuries to the right leg, which was later amputated at the knee.
A spokesperson for Comcare, Neil Quarmby, Work Health and Safety Group General Manager, said, “We are focused on working with employers and employees to prevent such safety incidents. However, where warranted, Comcare will take court action to enforce the need for appropriate safety systems to be put in place for the protection of workers.”
This is not the first court action commenced by Comcare against Australia Post for an alleged contravention of federal work health and safety laws. (WCxKit)
In June 2010, Comcare commenced separate proceedings against Australia Post in relation to unsafe postie bikes. That matter is still before the Federal 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, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
A proposal allowing for workers compensation insurance coverage to be given to emergency workers for mental stress has gone down to defeat in the North Dakota House.
According to the Associated Press, North Dakotas workers comp law typically doesn't cover a work incident that causes mental trauma ; unless the affected individual also is dealing with a physical injury.(WCxKit)
Fargo Rep. Ron Guggisberg stated the insurance should cover stress counseling for law enforcement officers, firefighters and emergency medical workers.
Bismarck Rep. George Keiser claimed North Dakota workers comp insurance shouldn't offer mental stress treatment benefits only to a select few workers.
Representatives voted 63-29 on Feb. 7 to turn down the insurance proposal.
The Senate has already given its approval to a resolution to study the issue of providing workers comp benefits for mental stress injuries.
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: RShafer@ReduceYourWorkersComp.com
©2011 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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