Pending Workers’ Comp Policy Change for Police and Firefighters
The New Brunswick (Canada) government is leaning toward the elimination of a current three-day waiting period for workers’ compensation benefits for police and firefighters, but does not expect to offer related legislation this fall according to OHS Canada.
“Our premier and our government are committed to it, but at the same time we have to be responsible in how we move forward,” said Donald Arseneault, New Brunswick’s minister of post-secondary education, training and labor. The principle of removing the three-day wait period for police officers and firefighters, while supported by the government also has a lot of opposition to it.”
The waiting period was put into place in the early 1990s during a time when the province’s workers’ comp board (now WorkSafeNB) was facing a “significant financial crunch,” according to Shelly Dauphinee, director of policy and planning for WorkSafeNB.
The wait period policy, applying to all claimants, requires injured workers receive no compensation benefits for the three days after an injury. However, there are two exceptions:
1. Employees who are off work for three weeks or more working days are reimbursed for the initial three days.
2. Workers who are hospitalized as in-patients obtain benefits immediately.
The New Brunswick Police Association, are lobbying the government to eliminate the wait period for police officers and firefighters. Dean Secord, the association’s president, says the union was told legislation would be introduced this fall to bring about the change.
According to Arseneault, there is no known timetable when the necessary legislation would be put forward.
According to Secord, the rationale for police officers deserving an exemption is they cannot legally refuse unsafe work under the provincial Police Act, thus hindering their ability to stay away from possible injuries in the first place. (workersxzcompxzkit)
The Canadian Federation of Independent Business, in its presentation to the board, labeled the wait period as a “fair and reasonable way to manage costs – especially since the system is 100% employer paid.”
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.
We are accepting short articles* (300-800 words) on WC cost containment. Contact us at: Info@ReduceYourWorkersComp.com. *Non-compensable.
The Nova Scotia Workers’ Compensation Board of Directors approved a new program policy entitled “General Entitlement – Arising out of and in the Course of Employment”.
The new General Entitlement program policy establishes the principles to guide decision-making regarding the work-relatedness of an injury. This program policy does not change, expand or limit the existing criteria for determining the work-relatedness of an injury.
Rather, it improves transparency and accountability regarding the WCB’s decision-making process by documenting and communicating the general principles and questions the WCB considers when determining if an injury is work-related. It also lays the foundation necessary for potentially developing more complex adjudicative policies in the future as identified by stakeholders. (workersxzcompxzkit)
In concluding policy development on “General Entitlement – Arising out of and in the Course of Employment”, the WCB prepared the paper entitled:
“General Entitlement: Arising out of and in the Course of Employment – Final Policy Decision and Supporting Rationale” outlining these points:
1. Key issues raised by stakeholders during Stage 2 consultation on the proposed new program policy.
2. The rationale for why the WCB did or did not revise the draft new program policy “General Entitlement: Arising out of and in the Course of Employment”, in response to stakeholder submissions received as a result of Stage 2 consultation. (workersxzcompxzkit)
3. A summary of feedback received during Stage 2 consultation.
4. The WCB’s final policy decision as reflected in the final version of the program policy in Appendix D.
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.
We are accepting short articles* (300-800 words) on WC cost containment. Contact us at: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workman’s comp issues.
©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
The British Columbia Federation of Labour (BCFL) is calling for a full public inquiry and coroner’s inquest into a deadly workplace accident in 2008 that claimed the lives of three farm workers and injured three others a year ago at a local mushroom facility.
The accident happen to a group of workers attempting to repair an electric motor powered a pump system in a confined area of the farm when a flange from the system became disconnected. Some workers were overcome by toxic gas in the oxygen-deficient pump house as workers who tried to come to their aid.
“I’m hoping there’s a full investigation, not just what chemicals killed them and why they died, but a full investigation of how they got there in the first place,” BCFL president Jim Sinclair said. “Three people died in a place they shouldn’t have been – in close containment.”
Sinclair said two of the three surviving workers were “seriously, seriously injured” in the incident. Family members of the deceased and injured workers were on hand for the press conference, and one of the severely injured workers was also present. “[He] was taken to intensive care as we were having the press conference because he stopped breathing,” Sinclair said. “He’s still not really conscious,” Sinclair noted, adding that even before the recent episode, the worker suffered brain damage and could not hear or talk.
The investigation into the accident is ongoing, including the identity of the toxic gas in question, according to WorkSafeBC spokeswoman Donna Freeman. (It was initially believed to be hydrogen sulphide.) The BCFL has questioned the length of time of the investigation, saying family members of the workers are anxious for answers. (workersxzcompxzkit)
“A full year after the incident, the Workers’ Compensation Board has still not completed its investigation, a coroner’s inquest has not been called, and no charges have been laid,” the BCFL added in a statement. Freeman says the investigation is complicated, noting that 25 investigators have worked on the case over the course of the investigation. Furthermore, hazardous waste remained at the accident site for six or seven months afterwards, Freeman noted, due to complexities in removing it safely for workers and disposal/transportation issues.
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.
We are accepting short articles* (200-600 words) on WC cost containment. Contact us at: Info@ReduceYourWorkersComp.com. *Non-compensable.
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@ReduceYourWorkersComp.com
RIMS: Canada and United States Have Different Employer Practice Liability Needs from Commercial Policies
The Canadian commercial marketplace requires standard policy wording for Employer Practice Liability (EPL) policies very different from U.S. policies, according to the Canadian Underwriter and discussed by experts taking part in a panel discussion at the RIMS Canada Conference in St. John’s, Newfoundland.
The Risk Management Counsel of Canada presented a seminar, ‘Employer’s Dream: Insurer’s Nightmare! Employer’s Liability: The Need for a Canadian Model,’ at the conference.
Panel participants noted EPL policies differ from Commercial General Liability (CGL) policies and Director & Officer (D&O) Liability policies, since EPL policy cover “intentional incidents” such as harassment of one employee by another.
Elizabeth Forster, panel member and a partner at Toronto’s Blaney McMurtry, noted there is a breadth of issues relating to EPL policies. These include the fact “there are a huge number of different areas of liability an employer faces and, secondly, we [Canadians] don’t have consistent policy language.” Panel member Jorge Segovia, a partner at Cox and Palmer in St. John’s, pointed out a pair of main differences between Canada and the United States showcasing the need for Canadian insurers to approach EPL coverage in a distinct manner.
First is the definition of wrongful dismissal in Canada and in the United States, according to Segovia. In the United States, a wrongful dismissal claim can take place if the termination involves some form of statutory breach such as discrimination.
In Canada, ”wrongful dismissal is simply the fact a terminated employee has not been given reasonable notice or pay in lieu of notice, because our [employment] contracts, if it’s not built in, have an implied term requiring the reasonable notice or termination or payment in lieu of notice,” Segovia commented. According to Segovia, “most Canadian EPL insurers will likely try to remove that coverage.” (workersxzcompxzkit)
Segovia said the other distinction has to do with punitive damages. “A lot of EPL claims involve claims for punitive damages. In the U.S., punitive damages are not covered by EPL policies because the size of the damages being awarded in the U.S. is quite high.” In Canada,, where the awards are quite modest, most insurers agree to cover the damage awards. Segovia noted that “It certainly would be useful over time to develop standard wording and clauses such as what we have for our CGL policies.”
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.
We are accepting articles, tips and hints* (300-600 words) on WC cost containment. Contact us at: Info@ReduceYourWorkersComp.com. *Non-compensable but we will post your link.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers’ comp issues.
©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
Manitoba Firefighters Receive Expanded Workplace Protections
Changes to the Workers’ Compensation Act, further protecting Manitoba firefighters by expanding the list of presumptive diseases is now fully implemented with the recent passing of a new regulation, according to Labour and Immigration Minister Nancy Allan.
“Our government has worked to become a national leader in workers’ compensation coverage to protect Manitoba’s firefighters,” said Allan. “The health hazards firefighters are exposed to have been well established and firefighters are now further protected under this expanded legislation.”
The new changes list specific illnesses and injuries presumed to be caused by firefighting to include primary site esophageal and testicular cancers. These cancers develop after regular employment exposure over many years. The province has set the minimum periods of employment at 25 years for esophageal cancer and 10 years for testicular cancer.
“Manitoba has again become the leader in North America in dealing with proper workers’ compensation rights for firefighters diagnosed with occupational disease,” said Alex Forrest, president of the United Fire Fighters of Winnipeg. “The government has truly raised the bar for other jurisdictions across North America.”
In 2002, Manitoba became the first jurisdiction to have a firefighter presumption including brain, bladder and kidney cancer, non-Hodgkin’s lymphoma and leukemia.
In 2005, the Workers’ Compensation Act was amended to expand the presumption to part-time and volunteer firefighters and to add ureter, colorectal cancers, lung cancers in non-smokers and heart injuries within 24 hours of an emergency response. (workersxzcompxzkit)
“The province will continue to support our firefighters who face safety risks in their service to Manitobans each and every day,” added Allan.
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.
We are accepting short articles* (200-300 words) on WC cost containment. Non-salesy, written from employer’s viewpoint. To: Info@ReduceYourWorkersComp.com. *Non-compensable.
Return to Work in Unionized Companies
http://reduceyourworkerscomp.com//Return-to-Work-Programs-Unionized-Companies.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@ReduceYourWorkersComp.com
Saskatoon Man Denied Workers' Comp Following Injury at Amusement Ride A man who was injured while working at a carnival ride has been turned down for workers' compensation, according to CBC News. The 21-year-old employee suffered a massive head injury while working at the Saskatoon Exhibition. On August 7, 2009, while taking tickets for a ride known as 1001 Nights, the worker was hit by the passenger gondola. Despite being out of the hospital now, the employee, who will reportedly be off work for at least one year, was informed he will not receive workers' compensation assistance. According to the Saskatchewan Workers' Compensation Board the owner of the ride, under Saskatchewan law, it is not required to pay premiums to the WBC. Since there are no premiums paid, there's no coverage available should a worker be injured on the job. Employer's in Texas might want to keep this in mind. There are reportedly more than two dozen industries not required to pay for coverage. Among those are circus operations, dairy farmers and commercial fishing operations. (workersxzcompxzkit) A spokesperson for the WBC said the provincial government is taking a look at those excluded industries.
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/ 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@ReduceYourWorkersComp.com
Canadian Transportation Safety Board Looks at Risks to Small Fishing Vessel Fishermen Citing an "unacceptable" loss of life, the Transportation Safety Board (TSB) launched an in-depth investigation into the safety of small fishing vessels across Canada. The study will look at the risks and challenges experienced by members of the fishing community when they set out for a day's work and will be released to the public and industry stakeholders when completed. To help with this, historical data and case studies of selected accidents in Canada will be analyzed, as will occurrences from other nations, including the United States, the United Kingdom and several Nordic countries. "The grim reality is the fishing industry is averaging one death per month," said Marcel Ayeko, TSB's Director of Marine Investigations. "Sixty people have died in accidents over the past five years, and we need to find out why. "We already know there are systemic issues," he said, noting that small fishing vessels have the highest rate of marine accidents in Canada, with over 200 incidents reported to the TSB annually. "These issues need to be formally identified – to the regulators, the industry, and the fishermen themselves – so we can improve safety and reverse this tragic trend. The further in-depth we go, the more solid facts we'll uncover to help make the fishing industry safer." Since 1992, the TSB has made 42 recommendations aimed at improving fishing vessel safety, and has repeatedly drawn attention to critical safety issues contributing to accidents. These include vessel stability, structural integrity, unsafe operating procedures, the use of lifesaving equipment, and the impact of fishery resource management plans and practices on the overall safety of fishing vessels. (workersxzcompxzkit) "Sure, fishing can sometimes be risky," acknowledged Ayeko. "Canadians know this; they've been doing it for generations. But more needs to be done – and more can be done – to bring down the accident rate."
The ultimate goal? "It's simple. Improve safety for all the workers who earn their living from the sea."
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.
We are accepting short articles* (200-300 words) on WC cost containment. Written from employer's viewpoint. To: Info@ReduceYourWorkersComp.com. Include contact info and short bio. WC IQ Test: http://www.workerscompkit.com/intro/ New Article: Return to Work in Unionized Companies http://reduceyourworkerscomp.com//Return-to-Work-Programs-Unionized-Companies.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@ReduceYourWorkersComp.com
Newfoundland And Labrador Provinces Unveil New Occupational Health and Safety Regulations (OHS) Regulations
New OHA regulations recently unveiled are reported to improve the regulatory conditions under which employers and employees work. The new regulations replace 30-year-old regulations and take effect on September 1, 2009, according to the Provincial Government.
“This is an important day for workplaces in Newfoundland and Labrador,” said the Kevin O’Brien, minister of Government Services. “These new regulations will support the safety culture in all workplaces and will reflect and, in fact, complement the safe work practices that many safety-minded employers already have in place. We wanted to ensure that we have the best possible set of regulations that meet the needs of both employers and employees of the province. I think we have achieved that and have produced a first-rate set of regulations.”
In drafting these new regulations, the department consulted with industry, labor, employers, Provincial Government departments and anyone interested in safe work procedures. The feedback received was positive with all groups agreeing the current regulations were outdated and did not reflect current safety practices. The consultations also highlighted the need to improve regulations related to high-risk activities. The department engaged the Occupational Health and Safety Advisory Council during the consultation process on issues where new policy is being set.
Regulations Highlights
1. Recent Codes and Standards - Requirements to comply with the most recent version of a named code or standard as opposed to a specific version of that code or standard which could be outdated;
2. Confined Space Entry - Procedures to enter an enclosed or partially enclosed space having restricted access and egress;
3. Fall Protection - Addition of general requirements as well as identification of fall arrest systems and construction of guardrails;
4. De-energization and lockout - Proper procedures for de-energizing and locking out equipment prior to performing work on that equipment;
5. Noise Hazards – Requirements to establish and maintain a hearing conservation program where noise exposures exceed permissible levels;
6. Blasting – Clarification of blaster responsibilities and industry-accepted safe blasting practices;
7. Ergonomic Requirements – Requirements to identify and assess risks and provide education and training to workers who may be exposed to musculoskeletal injuries;
8. Working Alone – Requirements to develop a written procedure for checking the well-being of employees who work alone;
9. Crane Operators - New requirements to certify operators who must have the appropriate trade qualification as determined by the Department of Education;
10. Violence Prevention - New requirements to have employers conduct a risk assessment, establish procedures to control the risk and communicate those procedures to the workers.
“The NL Employers’ Council organized a committee of safety professionals that consulted on the development of these regulations,” said NL Employers’ Council Executive Director Richard Alexander. “A number of concerns put forward by the committee were addressed and the position of employers was well represented and well considered. Overall we are pleased with these new OH&S regulations and believe they are a step in the right direction, clarifying a number of grey areas in the previous regulations.” (workersxzcompxzkit)
It is important to note workers’ compensation costs are obviously reduced when employers, employees and government protection agencies work together to design and implement the best possible workplace safety standards.
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.
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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
In a recent Tweet it was noted the only game in town when it comes to workers’ compensation is cost containment. Cost containment arises out of the many and diverse ways an employer maintains a safe work environment. A safe work environment is the jumping off point for reducing the overall costs of injuries in the workplace, resulting in lower work comp costs. It’s like a mantra:
Implement a superior WC plan » Practice “Safe” work environment techniques » Workplace injuries drop » the COST of WC drops!
Awards Prove Safety Works in Cost Containment and Workers Comp Programs
Tennessee Company Wins Workplace Safety Award
McKenzie Valve & Machining Company Inc. received the SHARP (Safety and Health Achievement Recognition Program) award from the Tennessee Department of Labor & Workforce Development, according to Commissioner James Neeley.
One of the state’s highest honors for workplace safety and health, the SHARP award is designed for employers with fewer than 250 workers in high-hazard industrial classifications. The main incentive for participation in the SHARP award program is the desire by employers to promote a safe and healthy workplace. The program also allows employers to be removed from programmed compliance inspection lists for a period of 12 months. (workersxzcompxzkit)
Or, you can be this employer
CANADA: How Workplace Safety Violations Raise Work Comp Costs
A provincial safety inspection of some 20 Calgary high-rise building sites discovered a number of violations–including workers improperly securing materials — in a review ordered following the death of a three-year-old girl by heavy steel roofing that blew off a building, also injuring the girl’s father and brother according to the Calgary Herald.
While the final numbers are not in, an Occupational Health and Safety spokesperson said inspectors discovered few safety threats with the exception of a few orders to secure materials and improve protection to keep employees from falling. OSHA did not issue a stop-work order. (workersxzcompxzkit)
Although the article didn’t say, here’s a lawsuit in the making, because it doesn’t matter what OSHA didn’t find, a child was killed and someone must pay and most likely that someone will be the employer.
Author Robert Elliott, senior 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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©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
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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
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