Most workers' compensation managers do not think twice about the workers' comp claim for the employee stung by a bee or bitten by a flea. It is usually a first aid only claim or at worse, a medical only claim, right? Wrong! While the majority of claims for biting and stinging insects or spiders (spiders are not insects, they have 8 legs and are technically classified as arthropods) will be minor, there can be some nasty injury claims, especially from spider bites or multiple bees/wasp stings.
Employees that work outside like construction workers and landscapers are the most likely to encounter a bite or a sting, but warehouse workers and others who work around products or inventory where items sit stationary for a while can come into contact with insects and spiders. While office workers, retail employees, and other indoor occupations have less exposures to bites and stings, the risk manager needs to be sure the people in pest eradication do the job, or even office workers can encounter a bite or a sting. (WCxKit)
People often refer to insects and spiders as poisonous, but all insects and spiders are poisonous only if they are eaten. What they are is venomous. Insects and spiders normally inject a venom into the victims either through a bite or a sting. It is the venom that creates the work comp claim, not the actual bite or sting itself.
Rarely are bites or stings serious enough to require hospitalization or are deadly, but there are known cases where people with weak immune systems, elderly or very young children have died from bites or stings. Spider bites create the most work comp claims, especially bites from brown recluse, black widow, brown widow, and hobo spiders.
When a venomous spider bites an employee, the employee will immediately know they have been bitten (has been described as feeling like an unannounced flu shot). The symptoms usually start to develop within a few minutes, but can take hours or days depending on the amount and type of venom. Symptoms will often include pain, burning sensation, itching and swelling. Other symptoms can include vomiting, dizziness, cramps, diarrhea, rash and breathing problems. Anxiety can be a side effect.
An example of a spider bite claim is the truck driver at a warehouse in Washington State assisting in loading the trailer. A few hours later while driving through Idaho, he felt what he thought was a hornet sting on his leg, as he observed hornets in the warehouse. He pulls over at the first opportunity and checks his leg. He sees a small red spot. That evening he checks the spot and it has grown to the size of a quarter. The second evening the spot is the size of a golf ball. When he woke up in pain on the third night, he had a baseball size knot on his leg that was beginning to split open. He goes to a hospital emergency room where it is surgically necessary to remove the baseball size tissue. The trucker is treated for systemic toxicity. He is advised he has been bitten by a hobo spider (located in the northwestern USA). And if he waited another day for treatment he could have died. The tissue around the wound continued to die, requiring daily debridement and wound cleaning for the next couple of weeks, followed by less frequent debridement and wound cleaning. Once the wound stabilized, the trucker had to undergo a skin graft and the time necessary for healing and a total medical expense of $15,000 with 3 months of indemnity benefits.
While a venomous spider can create a serious wound, a single hornet does not. The only trouble is when an employee gets stung by a hornet, it is usually not just one hornet. The whole hive can become agitated resulting in the poor employee getting multiple stings. A Florida landscaper was trimming an overgrown hedge when the hedge trimmers went right through the center of a hornet hive. The landscaper received multiple hornet stings. Having been previously stung by a hornet, the landscaper had an almost immediate allergic reaction including difficulty breathing, difficulty swallowing, dizziness, and fainting. He was rushed to the local hospital where a tube was placed down his throat to allow him to breathe, and he received an antihistamine and a corticosteroid.
For the risk manager, there are steps that can be incorporated into the overall safety program to reduce (but not eliminate) the risk of bites and stings. All buildings, whether an office, a factory or a warehouse, should be regularly treated by trained pest control personnel. Any openings or crevices in older buildings should be plugged, caulked or sealed to prevent insects and spiders from coming in from the outdoors. Employees working in warehouses or other storage facilities where spiders might live should be provided gloves when handling of merchandise is required. (WCxKit)
Many bites and stings can be avoided by teaching the employees to be vigilant. Also, the employees should never place a hand where it can not be seen (underneath an item to be picked up for instance) without checking for insects and spiders. If the employee is going to be often exposed to insects and spiders, for example like the landscaper, proper clothing and gloves should be provided to protect them from exposure to bites and stings. When an employee is bitten, the best thing to do is call Nurse Triage immediately to determine what type of care is needed – emergency care or occupational clinic. Of course, for those employers with an on-site clinic, the employee will immediately be taken to the clinic for assessment and care.
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. She is the author of the #1 selling book on cost containment, Manage Your Workers Compensation: Reduce Costs 20-50% www.WCManual.com.
Contact: RShafer@ReduceYourWorkersComp.com.
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@ReduceYourWorkersComp.com.
Often overlooked in the on-going battle to control workers compensation cost is the cost of prescriptions. Pharmacy Benefits Managers (PBM) offer the self-insured employer, insurer or third party administrator a way to manage and control the cost of drugs. While PBM provide a cost savings by obtaining a discount on the cost of drugs, the good PBM goes a lot further.
The PBM that will provide the best results is the one that keeps track of not only the cost savings provided, but also the utilization of prescriptions, especially narcotics. The better PBMs will alert the medical provider and adjuster when there is over-utilization of drugs. (WCxKit)
The PBM you select should have a national network covering most of the 70,000+ drug stores in the United States. The PBM should have a working relationship with the three major drug store chains which include CVS, Walgreens and Rite-Aid, as well as the local independent drug stores.
The effectiveness of the PBM can be judged by three different criteria which are the rate of use by the employees, the ease of use for the adjuster, and their technology interface ability.
The penetration rate is a measure of how extensively the employees use the pharmacy program. The PBM will often mail the employee a pharmacy benefit card with a cover letter on the pharmacy benefit card use. Most employees will opt to use the PBM card rather than out of pocket and then having to seek reimbursement. The adjuster should have the ability to suspend the use of pharmacy benefit card when the claim is denied or concluded.
The PBM should coordinate the prescription with the employee, the pharmacy and the medical provider without involvement of the adjuster. The easier the process is to use, the less the involvement of the adjuster. The better PBM will make the process totally seamless resulting in no involvement for the adjuster, while the adjuster can be assured the cost of the prescriptions and the utilization of the prescriptions is being properly controlled.
The PBM should provide the user of the service with the ability to review on-line all transactions and to obtain all necessary management reports. The technology interface should allow you to quickly know and understand the prescription drug usage of any employee. This will allow you to identify both the high cost employees and the doctors who prescribe the medications.
There are numerous ways the PBM can control cost. Some of the techniques used by PBMs include: (WCxKit)
-The use of generic drugs wherever substitution for patent drugs is permitted.
-A comprehensive, standard formulary specific to workers compensation injuries.
-A pre-negotiated price for each drug in the formulary.
-The ability to provide home delivery for employees who are unable to pick-up the prescribed drugs.
-Mail order services for maintenance drugs.
-The ability to approve or deny the “off-label” use of a drug.
-The ability to prevent consumption of drugs faster than manufacturer recommendations.
-The prevention of multiple, overlapping prescriptions from multiple doctors.
-The prevention of multiple pharmacies filling the same prescription.
-The prevention of filling non-injury related prescriptions.
The use of a PBM is a great way to reduce the cost of prescriptions and to lower their cost impact on your workers compensation program. To learn more about PBMs and how you can utilize their services to reduce your workers compensation cost, read the chapter on Implementing a Pharmacy Benefits Management Program in our new 2012 edition of Manage Your Workers Compensation Program, Reduce Costs 20-50%. To obtain your copy, please contact us.
Author Rebecca Shafer, JD, President of Amaxx Risk 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. She is the author of the #1 selling book on cost containment, Manage Your Workers Compensation: Reduce Costs 20-50% www.WCManual.com.
Contact: RShafer@ReduceYourWorkersComp.com.
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@ReduceYourWorkersComp.com.
A Western Sydney manufacturing company and its director were recently fined a total of $127,400 and ordered to pay WorkCover’s legal costs after a high powered industrial blender was turned on with a man inside it.
According to a report from the WorkCover Authority, FIP Brakes International (FIP) produces industrial sized brake pads, as well as other products, for trains and other railway vehicles and employs around 60 people mainly based at its facility in Wetherill Park. Its managing director is Chris Katakouzinos. (WCxKit)
A machine operator was killed when he was cleaning out an industrial blender at FIP’s premises.
The power to the machine had not been isolated and the machine became operational with the worker still inside. He died at the site with extensive crush injuries and lacerations.
A WorkCover investigation found a significant number of safety failings:
1. The machine should not have been able to operate while its front
doors were open.
2. The safety switches were either broken or malfunctioning.
3. The machine’s electrical power supply had not been turned off.
4. The machine operator should not have been working alone.
5. The machine was not properly maintained.
6. The operator was not given proper training.
In handing down her finding in the Industrial Court, Justice Backman said the incident was foreseeable and that there were serious deficiencies in the company’s systems. (WCxKit)
They both pleaded guilty. FIP was fined $117,000 and Mr. Katakouzinos $10,400. The court ordered them to pay WorkCover’s legal costs.
Author Robert Elliott, executive vice president, Amaxx Risk 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.
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@ReduceYourWorkersComp.com.
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) recently cited Georgia-based Marietta Industrial Enterprises Inc., which operates Refuse Recycling in Marietta, for 21 safety violations, including two willful, violations.
According to OSHA, it opened an inspection after a worker was found dead inside the rotating drum assembly of a machine used to screen recyclables from other refuse. (WCxKit)
Two willful violations involve failing to implement lockout/tagout procedures to prevent equipment from becoming unexpectedly energized and to train workers in lockout/tagout procedures. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement or plain indifference to employee safety and health.
Additionally, 14 serious violations involve failing to provide machine guarding, provide adequate guardrails, mark and illuminate emergency and exit signs, evaluate the workplace to determine if there were any confined spaces that would require permits, examine powered industrial trucks prior to each shift, ensure that employees used electrical protective equipment, provide electrically insulated tools develop an exposure control plan for bloodborne pathogens, offer hepatitis B vaccines and label biohazard containers. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Finally, five other-than-serious violations involve using work areas for storage, as well as failing to record work-related injuries, maintain clean conditions, provide a written respiratory protection program and provide employees with information for voluntary respirator use. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious injury.
As a result of the investigation, Marietta Industrial Enterprises has been placed in OSHA's Severe Violator Enforcement Program. (WCxKit)
SVEP is intended to focus on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations in one or more of the following circumstances: a fatality or catastrophe, industry operations or processes that expose workers to severe occupational hazards, employee exposure to hazards related to the potential releases of highly hazardous chemicals and all per-instance citation (egregious) enforcement actions.
Author Robert Elliott, executive vice president, Amaxx Risk 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.
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@ReduceYourWorkersComp.com.
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) recently issued a revised hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with certain hair smoothing and straightening products.
The revised alert was prompted by the results of agency investigations, a warning letter issued by the U.S. Food and Drug Administration and factually incorrect information recently sent to salons by a company that manufactures hair products. OSHA's updated alert can be viewed at:
http://www.osha.gov/SLTC/formaldehyde/hazard_alert.html.
According to a report from the Department of Labor, during recent investigations, OSHA's air tests showed formaldehyde at hazardous levels in salons using Brazilian Blowout Acai Professional Smoothing Solution and Brasil Cacau Cadiveu, resulting in citations for multiple violations. OSHA found that workers were exposed to formaldehyde in these salons at levels higher than the agency's protective limits. OSHA also cited two manufacturers and two distributors of hair smoothing products for violations that included failing to list formaldehyde on product labels as well as on accompanying hazard warning sheets, known as material safety data sheets, that are provided to the products' users.
The FDA issued a warning letter to the importer and distributor of Brazilian Blowout Acai Professional Smoothing Solution stating that the product is adulterated and misbranded. Although the solution contains methylene glycol, which can release formaldehyde during the normal conditions of use, the product is labeled "formaldehyde free" or "no formaldehyde" and does not list formaldehyde on the material safety data sheet.
Following an Aug. 24 letter sent by Brazilian Blowout to salon owners claiming that all OSHA air tests performed on the company's Brazilian Blowout Professional Acai Smoothing Solution yielded results below OSHA's standard for exposure, the agency sent a letter today to the company refuting that assertion.
"Misleading or inadequate information on hazardous product labels is unacceptable," said OSHA Assistant Secretary Dr. David Michaels. "Salon owners and workers have the right to know the risks associated with the chemicals with which they work and how to protect themselves."
Formaldehyde can irritate the eyes and nose; cause allergic reactions of the skin, eyes and lungs; and is a cancer hazard. The revised hazard alert notifies salons that if they use products that contain or release formaldehyde, they must follow the requirements in OSHA's formaldehyde standard at 29 Code of Federal Regulations 1910.1048. OSHA further requires manufacturers, importers and distributors of products that contain formaldehyde as a gas or in solution, or that can release formaldehyde during use, to include information about formaldehyde and its hazards on product labels and in the material safety data sheets. (WCxKit)
The alert also now includes details about the information that is required to be listed on the labels and the material safety data sheets of products that contain or could release formaldehyde.
Author Robert Elliott, executive vice president, Amaxx Risk 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.
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@ReduceYourWorkersComp.com.
Stuart Colburn, Esq., has done it again with his third installation on prescription drug abuse in America for the LexisNexis Communities on Workers Compensation.
Part One explained “the problem”.
Part Two identified stakeholders and his final blog offers solutions. You may read his complete blog
here or take a look at this brief summary.
1. Government Regulation
“Prescription drug abuse and diversion is a problem requiring close interaction between public and private sectors. Stakeholders must work together using tools at their disposal in a coordinated effort to fight supply and demand,” Colburn wrote. He suggests a prescription drug monitoring program (PDMP) that would include:
- Scheduled and other highly abusive substances.
- Real time data transmission between stakeholders.
-A requirement for doctors to check the PDMP database before writing a prescription.
- A requirement for pharmacies to check the PDMP database before dispensing narcotics.
Integration with neighboring states.
2. Physicians
“The public has an unreasonable view of the knowledge base of healthcare providers. Although every doctor graduated from medical school, knowledge itself comes from specialized training,” he wrote, “Scheduled narcotics should only be prescribed by doctors with the requisite training and experience. Those doctors granted the additional license to prescribe scheduled narcotics would be subject to additional regulation.”
3. Pharmacies
“Pharmacies should be required to participate in a prescription drug monitoring program for scheduled narcotics before dispensing scheduled narcotics,” Colburn suggested.
4. Pharmaceutical Companies
“Drug companies should design drugs to deter abuse. Drug companies can employ manufacturing techniques, making it more difficult or impossible for drugs to be ground up into a powder,” he added.
5. Consumers
“Public education about prescription drug abuse should be paramount on billboards and in our school systems. Every day, 7,000 young people abuse prescription narcotics for the first time. Patients who receive a prescription or scheduled narcotics should also undergo approved education and information,” Colburn wrote.
6. Payers
“Payers should implement strategies designed to identify addicts, diverts and outliers. Payers should urge policy makers to adopt PDMP and common sense laws giving regulators the information and power necessary to fight PDA,” he wrote. “Payers have ever more increasingly sophisticated software able to perform advanced predictive modeling and performance analytics that can identify outlier doctors and possible addicts.”
© Copyright 2011 Stuart Colburn, Esq. Reprinted with permission.
This information was provided by attorney
Stuart Colburn, a Shareholder at Downs Stanford in Austin, Texas. Colburn has extensive experience in all phases of dispute resolution before the Texas Department of Insurance, Division of Workers Compensation and in district courts across the state. Stuart represents clients regarding workers compensation, non-subscription, subrogation, and bad faith litigation. He is the founder and the first chairman of the State Bar of Texas (SBOT) Workers Compensation Section; course coordinator for the SBOT the Advanced Workers Compensation Seminar; and course coordinator for the Texas Workers Compensation Forum. He can be reached at:
scolburn@downsstanford.com
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@ReduceYourWorkersComp.com
A Methuen, Massachusetts-based developer has been ordered to pay a $20,000 fine and serve probation after pleading guilty for the improper removal and disposal of asbestos for work performed on a multi-family residence in Lawrence, Attorney General Martha Coakley announced recently.
Robert A. Norcross, 51, pleaded guilty in Essex Superior Court to three charges of violating the Massachusetts Clean Air Act: failure to file a notice of asbestos removal with the Massachusetts Department of Environmental Protection (MassDEP), improper removal of asbestos-containing material, and improper disposal of asbestos waste. The asbestos containing material was pipe insulation in a multi-family residential property in Lawrence owned in trust by Norcross. (WCxKit)
After the plea was entered, Superior Court Judge John T. Lu sentenced Norcross to 18 months’ probation. Under the terms of probation, and an administrative consent order with Mass DEP, Norcross must pay a fine of $20,000, with $10,000 suspended during the period of probation. Norcross is also required to participate in asbestos training and have all of his properties inspected and properly abated of asbestos containing materials.
“Asbestos is a hazardous material that must be reported, removed, and disposed of properly to ensure the health and safety of the public at large,” AG Coakley said. “The defendant ordered unlicensed workers to remove and dispose of asbestos containing materials without taking the proper precautions, putting people at risk.”
The Massachusetts Environmental Strike Force received information that Norcross had ordered the improper removal of asbestos containing insulation from one of his residential properties. Norcross engaged workers in the removal process without the required notification to MassDEP. Further investigation revealed that the insulation had been removed by untrained workers in an area of the property used by tenants to wash laundry.
The workers failed to do the work in a properly contained space to prevent the release of asbestos fibers within the building, and did not adhere to air filtering or other protective measures while removing the asbestos containing materials. Pursuant to Mass DEP regulations, the removal of asbestos must be performed by a licensed contractor with notification as to when the removal will occur and requires certain methods and standards for the safe removal, storage, and disposal of the asbestos throughout the abatement process.
After the illegal removal process had occurred, one of the workers transported bags of the asbestos debris to an unlicensed facility in New Hampshire for disposal. (WCxKit)
A grand jury returned indictments against Norcross and he was arraigned in Essex Superior Court at which time he entered a plea of not guilty and was released on personal recognizance. Norcross pleaded guilty recently and was sentenced.
Author Robert Elliott, executive vice president, Amaxx Risk 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.
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@ReduceYourWorkersComp.com.
Occupational therapy is a medical practice that promotes the health of a person to recover from an injury or illness in a way that allows them to return to some degree of self sufficiency after a severe medical condition. Occupational therapy should not be confused with physical therapy which is designed to restore the loss of function to a specific body part. Occupational therapy will assist the severely injured employee to rehabilitate from a disabling injury physically, mentally, and emotionally as they adjust to the permanent loss of function.
Occupational therapy is utilized in various
medical situations including: inpatient rehabilitation, acute care hospitals, assisted living facilities, hospices, skilled nursing facilities, and rehabilitation hospitals. For the purpose of this article, we will limit the discussion of occupational therapy to workers compensation and the assistance occupational therapists provide to the severely injured employee. (WCxKit)
When an employee incurs a life altering injury like a spinal cord injury, traumatic brain injury, limb amputation, loss of use of a limb or hand, or any injury that prevents the employee from returning to the prior level of employment, occupational therapy is designed to assist the employee to adapt to the permanent loss of function. Occupational therapy is more than just medical recovery. It will also entail psychology, sociology, and other aspects of daily living.
Occupational therapy will assist the severely injured employee in numerous ways. The occupational therapist can assist the employee in the following ways.
1. Stabilizing the employee's medical condition so the medical condition does not continue to deteriorate
2. Facilitating mobilization
3. Restoring function (overlaps into the area of physical therapy)
4. Compensating for mobility impairment
5. Learning/relearning sensory processes
6. Learning skills to adapt to the loss of function
7. Coordinating care from medical providers of various disciplines
8. Returning the injured employee to a meaningful life
9. Teaching adaptive skills for eating, bathing, grooming, dressing, etc.
10. Teaching the use of adaptive equipment – wheelchairs, artificial limbs, shower benches, etc.
11. Regaining the ability to live independently
Occupational therapy can also be utilized when the employee's injury is severe, but not life altering. It is often used in conjunction with physical therapy to optimize the use of a severely damaged hand or arm. The occupational therapist will work with the injured employee to teach the employee to compensate or adjust to biomechanical issues. The occupational therapist will tailor the treatment plan to the individual's needs.
When the employee has the ability to regain enough physical capacity to return to the former job, or to some time of employment, occupational therapy will provide “work hardening”. Work hardening is a customized approach to recondition the employee's cardiovascular, neuromuscular, and biomechanical systems. Work hardening will use either real or simulated work activities along with exercises to assist the employee in the transition from non-working to working. It will often start with the employee “working” 2 to 4 hours a day, 2 or 3 days a week. The time frame, both sessions and days, is gradually increased until the employee is able to work 8 hours a day, five days a week.
Occupational therapists are often called upon to provide a functional capacity evaluation (FCE) after the course in work hardening. In an FCE, the employee goes through a series of testing to determine what the employee can safely do in a variety of tasks. The FCE will also be used to establish what level of accommodations, if any, the employer will need to make in order to return the employee to full duty or permanently modified duty. The FCE is also used in some states to establish the level of permanent impairment rating that will be assigned to the employee. (WCxKit)
Occupational therapy is often the employee's “last stop” in the medical recovery process between injury and the return to work. Or it will be the last stop between injury and the permanent total disability status where the employee will never be able to return to work. The skill level of the occupational therapist can impact the overall outcome. Therefore, it is imperative the employer and the claims office understand the importance of occupational therapy and select the most qualified and skilled occupational therapy facility for the injured employee.
Author Rebecca Shafer, JD, President of Amaxx Risk 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. Shafer is the author of the leading book on workers compensation cost control www.WCManual.com See www.LowerWC.com for more information. Contact: RShafer@ReduceYourWorkersComp.com.
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@ReduceYourWorkersComp.com.
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Illescas Brothers Construction Inc. of Paterson for exposing workers to 12 safety violations while performing masonry work on the exterior of a new home in Fort Lee. According to a report from the agency, proposed penalties total $65,340.
When OSHA inspectors arrived at the work site on June 28, they found several fall protection and scaffolding violations. For example, employees performing overhand bricklaying were permitted to climb the cross braces of the platform to access a work platform 24 feet above the ground, proper fall protection was not provided to employees trying to erect scaffolding and employees were allowed to work on an unstable scaffold 18 feet above the ground. (WCxKit)
Three repeat violations with $55,440 in penalties include failing to use proper scaffolding and provide fall protection for employees erecting scaffolding. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Similar violations were cited in August 2007 at an Edgewater work site.
Six serious violations with $9,900 in penalties include failing to implement a respiratory protection plan, protect employees from falling material and provide safe access to a landing surface. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Three other-the-serious violations with no monetary penalties include the absence of a portable fire extinguisher, failing to provide a written hazard communications program and failing to make a material safety data sheet readily available. (WCxKit)
An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
Author Robert Elliott, executive vice president, Amaxx Risk 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.
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@ReduceYourWorkersComp.com.
Stuart Colburn
Stuart Colburn, an attorney for Downs
Stanford recently shared a blog regarding a November 2011 Centers for Disease Control and Prevention (CDC)
report that described prescription painkiller abuse as “a public health epidemic.”
Colburn noted the CDC feels that changing the the way prescription painkillers are prescribed would reduce misuse, abuse and overdose but still allow access to safe, effective treatment.(WCxKit)
Colburn frankly citizens the workers compensation system as contributing to these addictions and indirectly by contributing to lost time and injuries “attributable to decreased alertness and other ill effects of working while abusing prescription drugs.”
Colburn continues, “America's prescription drug abuse (PDA) problem is not nearly as well known as our War on Drugs. No war has been declared and yet American lives are being lost. The statistics are well known. American citizens make up 4 percent of the world's population. Yet, we consume 66 percent of the world's illegal drugs.”
His blog continues to site fascinating drug statistics not only from the CDC but also the U.S. Military, various states and many others. It is well worth a read.
Brian J. Caveney
He concludes that the Patient Protection and Affordable Care Act (PPACA) of 2010 has changed much for the workers compensation industry including The United States Department of Health and Human Services adding eight substances to its Report on Carcinogens.
“Formaldehyde and aristocholic acids are now listed as known human carcinogens, and six other substances-captafol, cobalt-tungsten carbide, inhalable glass wool fibers, onitrotoluene, ridelliine, and styrene-are now considered as reasonably anticipated to be human carcinogens. This brings the total to 240 identified substances in the listings demanding thoughtful approaches to minimize exposure to workers,” Caveney wrote.
He also said the Fukushima Daiichi nuclear power plant in Japan has had great affect on the WC industry. “Readers of Occupational Injuries and Illnesses (LexisNexis) can refer to Chapter 44 for recent updates on the physics of radiation contamination and possible human health effects of exposure,” he wrote.
For WC matters regarding low back claims, Caveney directs readers to the updated Chapter 15 in Occupational Injuries and Illnesses (LexisNexis. And, lastly, he noted 2011 is the 30th anniversary of the identification of the human immunodeficiency virus (HIV). “The infection has transcended its original death sentence upon diagnosis to a chronic disease state when adequately treated with the panoply of various treatment options these days. Once widespread fears of transmission in a host of occupational situations has thankfully now been limited to mostly preventable scenarios. Chapter 46 of Occupational Injuries and Illnesses (LexisNexis) reflects these advances,” he wrote.
To read more, follow the above link to Caveney’s article.
She cites physician Nortin M. Hadler, MD new book
Rethinking Aging: Growing Old and Living Well in an Overtreated Society. “Dr. Hadler continues his no-holds-barred approach, warning that the Baby Boomer Generation and Generations X and Y hold unrealistic notions about defying the aging process with medical technology, thereby making them more susceptible for ‘medicalization and overtreatment,’ “ she wrote.
Kobayashi notes that marketing has become “sophisticated and pervasive in playing off people’s fears about health and longevity. … It’s no secret that Dr. Hadler has had it with insurance companies and even the AMA Guides for that matter. He once argued that attempts to adhere to the AMA Guides to quantify impairment were, in his opinion, ‘an unappealing, if not Orwellian, exercise, and not just for musculoskeletal diseases but for all diseases.’ “(WCxKit)
Read more of Kobayashi’s research and opinion by following the link above. She concludes, “Here, in our world of workers’ compensation, we can’t deny the fact that workers’ compensation medical costs are soaring. Whether you’re an injured worker, attorney, judge, or claims adjuster, we need to make the right choices about medical care, to educate ourselves, and to stop being conditioned into believing that medical treatment can always help/save us.”
Author Rebecca Shafer
, JD, President of Amaxx Risk 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. She is the author of the #1 selling book on cost containment, Manage Your Workers Compensation: Reduce Costs 20-50% www.WCManual.com.
Contact: RShafer@ReduceYourWorkersComp.com.
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.
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