New Zealand high school and tertiary students are being reminded to make sure theyre aware of their employment rights and obligations with many in part or full-time employment during the summer holidays.
“Its important that all workers, including young workers are aware of their entitlements and know how to keep safe at work,” says Craig Smith, the Department of Labors chief adviser employer relations. (WCxKit)
“We’ve recently set up a specific website for young workers – My First Job. It provides access to all the basics students or young workers need to know about tax and pay and getting the breaks, leave and holidays theyre entitled to,” Smith noted. “Theres a section on employment agreements – what they look like, how to get one and how to negotiate changes before signing one.
“Written employment agreements are a legal requirement. They are the most basic protection for any worker and many young workers may not even know they should have one. They provide complete clarity over what is expected of the student and what the employer will provide – no worker should start a job without one.
“This is a busy time for many young workers, trying to save as much money as possible during the summer holiday period and its important they are aware of their rights.”
The site also provides information for employers on their health and safety responsibilities when hiring young workers. (WCxKit)
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Its crucial that employers give students the right training to ensure they can do the job safely,” Smith added. “Many of these workers will be employed on a casual or part-time basis and may not have had any formal training or qualifications for the role they are fulfilling.”
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.
The Occupational Safety and Health Administration recently published a final rule that makes the procedures for handling whistleblower retaliation complaints under the Energy Reorganization Act of 1974 and six environmental statutes consistent with retaliation complaint procedures under other OSHA whistleblower provisions.
Similar to other whistleblower provisions, these regulations not only allow workers to file complaints in writing, but also orally and in other languages. This approach improves access to the complaint-filing process for workers who may have difficulty submitting written complaints. Additionally, workers will receive copies of documents submitted by the employer in response to their whistleblower complaints, subject to applicable privacy and confidentiality laws. (WCxKit)
"Silenced workers are not safe workers," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Changes in the whistleblower provisions make good on the promise to stand by those workers who have the courage to come forward when they believe their employer is violating an environmental or nuclear safety law."
The rule covers workers who voice concerns related to nuclear and environmental safety or security under clean air and water, safe drinking water, solid waste, and toxic substances, among others.
OSHA enforces the whistleblower provisions of these nuclear and environmental statutes and 14 other statutes protecting workers who report violations of various airline, commercial motor carrier, consumer product, financial reform, health care reform, pipeline, public transit, railroad, maritime and securities laws.
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.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©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.
When you discuss cost savings derived from medical case management with a risk manager, the first questions you hear are: “What is the rate of return on the investment?” and “How much can I save?” Most likely the risk manager has been previously sold by the medical management companies on measuring the value of their services by either a percentage reduction in the cost of medical care or by the net dollar amount they will save by using the medical case management company.
This type of thinking by the risk managers originated from the earliest efforts to control medical cost by medical bills reviews. The success of the medical bill reviews were measured by the percentage reduction between what the medical provider originally billed and what was actually paid to the medical provider. While it is easy for the risk manager to understand a “30% reduction in medical bill cost” or “approximately $350,000” the medical case management company and the risk manager are both overlooking other substantial cost savings of medical case management. (WCxKit)
In the last 20 years, medical case management has grown from involving a very small percentage of the high dollar value workers compensation claims, to being involved in almost all work comp claims. There are various reasons that go beyond the medical fee bill reviews including other forms of medical case management – nurse case managers, utilization reviews, medical provider networks, pharmacy benefit managers, etc. – being utilized to reduce medical cost. Each of these medical case management approaches rely on a dollar measurement of the benefit provided.
What is more difficult for the risk manager to understand is the subjective benefits provided by medical case management. Medical case management techniques often result in benefits that are difficult to measure in dollars. The benefits of medical case management beyond the measurable dollars can be categorized in three general areas.
The three categories are: 1- medical guidance, 2- utilization control and 3- quality improvement.
Many of the employee's concerns can be addressed by the nurse case manager's medical guidance. Nurse case managers often can answer the medical questions for the injured employee preventing a needless visit to the doctor's office by the injured employee.
The control of the utilization of medical services is a major but unmeasurable benefit of medical cost management. How do you measure the benefit of the nurse case manager who through her/his understanding of the employee's medical issues was able to guide the course of medical care resulting in a needless hospital stay being prevented?
The dollar savings are huge, but elusive. Since the medical cost was not incurred, you cannot accurately measure the savings of medical care prevented, as you can with medical bill reductions for medical care provided.
Medical case management benefits the employee by actively involving the employee in the medical care. This results in behavior management and encouragement of the employee to take better care of them. Plus, it lessens the employee's feelings of alienation when they do not understand their injury or the ramifications of their actions on their medical condition.
The techniques of medical case management should be used because they will result in an overall improvement in the quality of care offered to the injured employee. This results in a shorter disability period for the employee. The medical case management will often prevent exacerbations and complication from comorbidity issues (
obesity, diabetes, etc.). Additional benefits of medical case management include the control of medical tests, control of the use of medications and the control of durable medical equipment expense.
All of the benefits of medical case management do not involve a reduction in services. Gentle reminders to attend medical appointments, or to take medications as prescribed may add to the medical cost at the time, but reduce overall medical cost and disability cost by guiding the employee to the fastest possible recovery.
Other factors also influence the benefits received from medical cost management. This includes the design, the scope and operational details of the medical case management program. It includes the level of skill and expertise of the nurse case manager or other health care professional(s) delivering the medical case management services. In addition to the human element, the level of the technology supporting the medical case management services can impact the cost savings. (WcxKit)
The risk manager should look beyond the return on investment or the reduction in dollars spent when evaluating medical cost management. Full consideration should be given to the dollars not spent and the improvement in the quality of care for the employee. The overall savings for medical case management goes far beyond the dollars that are measurable.
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.
WC IQ TEST: http://www.workerscompkit.com/intro/
©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.
Employers in Glasgow, Scotland are being urged to start the New Year with a renewed emphasis when it comes to health and safety.
The Health and Safety Executive (HSE) is warning that there is no room for complacency despite the total number of work-related fatalities across Britain being at a record low. (WCxKit)
According to figures released for 2009/10, there were fewer fatal injuries at work in Glasgow with five deaths in 2009/10 compared to 12 in 2008/9. There were 1,079 serious workplace injuries, down 78 from the previous year.
There were 2,625 serious workplace injuries recorded in Scotland last year compared to 2,759 in 2008/9 and 23 deaths – three fewer than the previous year.
Dr Paul Stollard, director for HSE in Scotland, noted. "The fall in numbers of workers killed or injured through their work is encouraging but we must also remember that each death results in a family missing a loved one this festive season. (WCxKit)
"Employers cannot get complacent; they must stay vigilant and learn the lessons from the past to ensure they protect their workers in the future. Putting in place simple, straightforward, health and safety measures can saves lives. It is not good for companies or their workers if they are off through an injury or ill-health."
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.
As part of a campaign to eliminate distracted driving, the U.S. Department of Transportation (DOT) has proposed a new regulation to prohibit interstate commercial truck and bus drivers from using handheld cell phones while operating commercial motor vehicles (CMVs).
The proposed Federal Motor Carrier Safety Administration (FMCSA) rule would ban commercial drivers from reaching for, holding, or dialing a cell phone while operating a CMV. (WCxKit)
Violators would face federal civil penalties of up to $2,750 for each offense and disqualification of their commercial drivers license (CDL) for multiple offenses.
Under the rule, states would suspend a CDL after two or more violations of any state law on handheld cell phone use.
Motor carriers that allow their drivers to use handheld phones while driving would face a maximum penalty of $11,000.
FMCSA research shows that using a handheld phone while driving requires a commercial driver to take several risky steps. Drivers reaching for an object, such as a phone, while driving are three times more likely to be involved in a crash or other safety-critical event. Those who dial while driving increase their risk by six times, according to FMCSA.
In 2009, close to 5,500 people died and a half million were injured in crashes involving a distracted driver. (WCxKit)
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 want permission to reprint this material, contact Info@WorkersCompKit.com.
Some employers do not know they can reduce their workers compensation insurance premiums by having a drug-free workplace program. While the employer will realize that a drug-free workplace will reduce the number of accidents that occur on the job, the employer often misses another cost savings of a drug-free workplace – a reduction in their workers compensation insurance premium.
In Georgia, if the employer gets their drug-free workplace program certified by the Georgia State Board of Workers Compensation, they receive a seven and one-half percent (7.5%) reduction of their workers compensation premium. If the employer submits a copy of their certificate of a drug-free workplace each year to their workers compensation insurance carrier, they continue to get the 7.5% reduction in their total work comp premium.
Self-insured employers in Georgia can also get in on the savings. The self-insured employer submits a copy of their drug-free workplace program certificate with their annual payroll report. The self-insured employer can reduce the amount of money they set aside for “premiums” which in turn will reduce the amount of company is annually assessed by the Georgia State Board of Workers Compensation.
The state statutes in Alabama, Arkansas, Florida, Mississippi, South Carolina, Tennessee, Virginia and Washington State all have provisions for a five percent (5%) discount on workers compensation premiums for having a drug-free workplace. Some of these states require an annual certificate like Georgia, so check with the state department that administers workers compensation in your state.
Ohio, the largest of the four remaining monopolistic states (states where the state government is the sole provider of workers' compensation insurance), has a state sponsored program “Drug-Free Safety Program”. The Ohio Bureau of Workers' Compensation has a tier program where employers participating in their Basic level safety program receiving a four percent premium discount and employers participating in their Advanced level safety program receiving a seven percent premium discount. Group experienced rated employers can receive a three percent premium discount for participating in the Advanced level safety program.
In Hawaii, employers who provide both a health program and a safety program which includes a drug-free workplace policy also receive a five percent (5%) insurance premium discount. (The difference between Hawaii and the other 5% discount states listed above is you have to have both a safety program and a health program to get the 5% discount).
The state statute in Idaho does not specify the amount of premium reduction the employer will receive for a drug-free workplace. Their law states that the employer who provides drug and alcohol testing of all prospective employees and current employees shall qualify for a workers compensation premium reduction.
What if you do not live in the states discussed above? You may still get an insurance premium reduction for having a drug-free workplace. Some workers compensation insurers offer voluntary premium reductions for having a drug-free workplace program. The requirements and qualifications for a voluntary premium reduction by the insurer vary from insurance company to insurance company. Ask your broker what premium reduction you might receive from your workers compensation insurer for having a drug-free workplace program. Find out what the requirements of your work comp insurance company are to receive a voluntary premium reduction.
Note: While talking to the broker, also ask about any premium reduction for having a certified safety program – you should work to get all the work comp premium discounts you can get.
The five percent premium reduction (7.5% in Georgia, up to 7% in Ohio) is not the only savings your company will get from having a drug-free workplace program. Other benefits include:
1. A significant reduction in the number of workplace accidents follows the introduction of a drug-free workplace program. The reduction in the number of workplace accidents leads to a reduction in the work comp premium based on your accident history.
2. Employers who have a drug-free workplace program have less absenteeism.
3. A drug-free workplace program also leads to an increase in productivity. (WCxKit)
4. Approximately 40 states allow the insurance company to deny work comp benefits to an employee who test positive for drugs or alcohol following an accident. You need to have a drug-free workplace program in place in order to test them employees following an accident.
A drug-free workplace program makes financial sense even without consideration for the reduction in workers comp insurance premiums. When you add the reduction in premiums from having the drug-free workplace program to the reduction in premiums from having fewer workplace accidents after the drug-free program is started, the drug-free workplace is the way to go.
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. Rewriting, recasting, revising or reformmating this article no matter how extensive is copyright infringement for which we will take legal action.
The Corporation of the City of Brampton has been fined $75,000 for a violation of the Occupational Health and Safety Act after a young worker was injured.
On Feb. 20, 2009, City workers were preparing the tube hill for use by the public. Every day, prior to opening the hill to patrons, workers tested the speed of the hill. To test the speed of the escape lane, a young worker placed himself in a tube and slid down the lane.(WCxKit)
The tube slid in the wrong direction and went over the berm, colliding with the tow line lifting device. The worker suffered broken bones, a punctured lung, spinal fracture and a concussion.
A Ministry of Labor investigation discovered that City did not take the reasonable precaution of ensuring that the berm was adequate for the protection of the worker.
The Corporation of the City of Brampton pled guilty for not taking every precaution reasonable in the circumstances for the protection of a worker.
The fine was imposed by Justice of the Peace Michael Barnes. (WCxKit)
In addition to the fine, the court imposed a 25-percent victim fine surcharge, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
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.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©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.
The Oregon Department of Consumer and Business Services reported on March 9 that American International Group will pay $100 million in fines under a settlement with all 50 states — which includes $3.6 million for Oregon — over reporting errors for premiums on workers compensation insurance.
AIG will also pay $46.5 million in taxes and assessments, and could pay added fines, up to $150 million, if it does not adhere to a compliance plan, according to the ODCBS. (WCxKit)
A two-year review of bailed-insurer and its Chartis insurance unit came to the conclusion that the companies misreported $2.12 billion in workers comp premiums across the U.S.
The misreporting led to a $2.4 million underpayment to Oregons workers comp premium assessment, which funds workplace safety and workers comp programs in the state.
In addition to paying that $2.4 million to the consumer agency, AIG will pay a $1.2 million penalty, which will go into Oregons general 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, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com or 860-553-6604.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©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.
Workplace bullying would be deemed an unfair practice in Washington under legislation introduced by state Sen. Nick Harper of Everett.
The Olympian reports the state Civil Rights Commission would look into complaints of an abusive work environment. (WCxKit)
Employees who have been harmed psychologically, physically or economically would have legal recourse to turn to if the legislation passes.
Abusive conduct is looked upon as behavior that a reasonable person would find hostile, offensive and unrelated to legitimate business interests. (WCxKit)
A companion bill has also been unveiled in the House by Rep. Mark Liias of Mukilteo.
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.
When the workers compensation adjusters receive certain types of indemnity claims, they know immediately to set a very large indemnity reserve on the claim. With a death claim, brain damage, second or third degree burns to most of the body, paralysis, and double amputations, reserving is basically adding up how much you will probably pay on the claim.
Where work comp adjusters often have a difficult time getting the reserves correct is on the potential problems claims that are handled at the on-set of the claim as just another routine claim. Some of the types of work comp claims that have the potential to become much larger than originally anticipated include: (WCxKit)
1. Employees with a previous history of neck or back injuries.
2. Claims involving back surgery (fusion, laminectomy, etc.) on a person who does manual labor.
3. Employees who start out with a hostile attitude toward the employer or the insurance company.
4. Any claim with a long lag time between the date of the injury and the date the claim is reported to the employer.
5. Employee who are not happy with the medical treatment being received and switch doctors more than once (in claims lingo known as “doctor shopping” as the employee looks for a doctor who will not question the employee's subjective complaints).
6. Switching doctors, after obtaining an attorney, to a doctor known in the local insurance industry and medical community to be “pro-surgery” or “pro-claimant.”
7. Any claim where the employee gets hooked on narcotics.
8. The employee is near retirement age.
9. The employer has announced an impending work-force reduction, or the employee has just been laid-off from work (work comp indemnity checks are usually much higher than unemployment checks).
10.The employee applies for social security disability (sometimes even before the adjuster has received the medical reports from the treating physician).
11.The workers compensation check is greater per week than the employee's prior take home pay (when take home pay is reduced by union dues, 401K contributions, state income taxes, etc).
It is the adjuster's responsibility to recognize and deal with these issues when they become known to the adjuster. If the adjuster does not respond to these type of issues when they arise, the claims will deteriorate {cost a whole lot more than they should}. The risk manager for the employer should act when the inexperienced adjuster does not recognize the impending problem or the lazy adjuster does not act on the impending problem. Any time either the adjuster, the adjuster's supervisor or the risk manager see a potential problem developing they should take action immediately. It is a whole lot easier to stop a new problem claim from developing into a bad claim than it is stop a bad claim that is well established.
Many of these issues can be prevented, or stopped when they start, by taking strong action as soon as they are recognized. An in-depth initial investigation will stop most employees from building an otherwise legitimate injury claim into a monster claim, or a fraudulent attempt into a successful fraud. With claims that are reported late, or the employee has a hostile attitude, or the employee's job is ending either due to retirement or a reduction in workforce, the appropriate investigation will stop these types of claims from mushrooming into major claims. If the employee sees a detailed investigation going on, they are much less likely to pursue building their claim up when they know they are being watched. On the other hand, if the employee never hears from the adjuster, or the adjuster only makes a perfunctory initial contact with the employee, the employee is emboldened by the lack of investigation.
After a strong initial investigation by the adjuster, the next best thing to stop many of these claims is a well-established, enforced early return to work program with modified duty available and provided to the employee. If the employee is back to work, it is difficult for them to convince even a “pro-claimant” doctor that they should be on social security disability. It is also difficult for the employee to go “doctor shopping” when they are working and being back at work does not give the employee the opportunity to net more pay out of work comp than they do on the job.
If the in-depth investigation and the early return to work program have not obtained control of the claim, in depth medical case management can prevent some claims from getting out of control. When a nurse case manager is working with the employee who has had previous back or neck problems, often they can work with the medical provider to obtain conservative treatment that returns the employee to their pre-injury physical status without surgery. Also, it is easier to keep employee from becoming narcotic addicted if they have not had surgery, or if they had surgery, their narcotic usage is monitored. (WCxKit)
If the employer, adjuster and nurse case manager work together as a team, most of the routine work comp claims that become large dollar claims can be prevented. Strong claim handling by the adjuster, an involved employer, and a dedicated nurse case manager can exercise the claim guidance needed to keep the routine claims with potential problems from becoming the large dollar claims.
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.
WC IQ TEST: http://www.workerscompkit.com/intro/
©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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