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EDITOR’S COLUMN: ‘I’M SICK — SO TAKE CARE OF ME’

By Your Employee Matters

The Los Angeles Times recently ran a series of articles about how cutbacks in sick pay were leaving unhealthy employees stuck in the workplace. One article lamented the reduction or elimination of paid sick days. This has a great impact on low-wage earners. It also protested the collapsing of sick pay and vacation pay into what’s known as “paid time off.”

Here are some ways of looking at the situation that these articles didn’t discuss:

  • Most employees get sick because they don’t take care of themselves. It’s their responsibility to take care of themselves — not the employers.
  • Most sick days are abused and generate little “white lies.” According to CCH, less than one-third of all sick days taken are for people who are truly sick!
  • According to another L.A. Times article, the average worker takes off 3.9 days per year for their own illness and 1.3 days to care for ill family members. It would seem fair for an employer to allow an employee five sick days, or to add those five sick days to a vacation schedule. I’m not sure why an employer would be obligated to do otherwise (some employers cited give weeks of sick leave and allow full accumulation).
  • Many employee support groups have successfully begun legislating for mandated sick pay benefits. This is but one way to get around minimum wage requirements.

Of course, employers lament they only have so many choices in an ever-tightening economy. They can cut or eliminate healthcare costs, sick pay, salaries or job positions — or just go out of business. Not surprisingly, some employers still have well-run businesses and remain generous with their benefits and employee perks.

There are garment manufacturers paying above minimum wage and offering healthcare coverage and vacations. There are employers who allow an incredible amount of flexibility so long as employees are accountable and get their jobs done. So, in the end, it shouldn’t be legislation, but rather business competition that settles this issue.

The best companies to work for will be the ones that offer the greatest amount of employee benefit, while creating a never-ending stream of profits.

As a final note, one of the articles gave recommendations on how to call in sick. Without repeating their standards, here is what I’d recommend:

  • Be clear about your attendance requirements.
  • Show up on time unless you are, in fact, sick.
  • Give as much advance notice as possible.
  • If your boss won’t let you watch your kid’s championship soccer game, maybe you should consider another boss. If you think you’re somehow obligated to attend every one of your child’s soccer games, regardless of business demands, then maybe the company needs a new employee.
  • Know that if you’re out for more than a few days you ought to show up with some kind of medical documentation. Don’t make an employer drag it out of you.
  • Don’t show up sick and infect others. Even if you’ve already used up your vacation and sick days.
  • Finally, see how you can mitigate your absence. Perhaps you can obtain permission to work a few days from home or make yourself available for emergency phone calls.

POWER TOOL SAFETY: DOS AND DON’TS

By Risk Management Bulletin

Power tools are handy helpers — and a significant source of injuries in the workplace that can deliver paralyzing, even deadly shocks, cut off fingers, and slash, cut, and mangle flesh and bones. When employees use power tools they have to think about safe work procedures, as well as such personal protective equipment (PPE) as a dust mask, gloves, a face shield, safety shoes, and hearing protection. If they’re not sure which type of PPE they need, have them read the manufacturer’s safety instructions or check with a supervisor before using a power tool.

To keep safe when using power tools on the job (or at home, ) train employees in these essential do’s and don’ts:

Do:

  • Use the right tool for the job.
  • Inspect tools before each use.
  • Make sure there are guards around points of operation and on/off switches.
  • Be sure that tools are switched off before you plug them in.
  • Turn off and unplug tools before cleaning or changing parts.
  • Use three-prong grounding extension cords with equipment requiring three-prong plugs. Don’t use three-prong cords with two-prong adapters!

Don’t:

  • Put a power tool down until it has completely stopped running.
  • Use cords to raise or lower equipment.
  • Fasten cords with staples, nails, or other fasteners that could damage cord insulation.
  • Plug or unplug equipment with wet or sweaty hands.
  • Use any tool that has a damaged casing, cord, or plug.
  • Continue to operate a power tool that sparks, smokes, gives a shock, or smells like it’s burning.
  • Get clothes or body parts near the point of operation.
  • Use electric power tools in wet areas unless the tools have been specially approved for.

CLOSE CALLS CALL FOR QUICK ACTION

By Risk Management Bulletin

On a summer morning in 2006, in Brooklyn, N.Y., OSHA compliance officer Bob Stewart requested that six construction employees be removed from a deep excavation because of a hazardous 10-ton concrete abutment hanging above it. Fifteen minutes later, the overhang collapsed and fell, landing in the exact spot in which the employees had been working. That is an unusually dramatic example of a workplace close call, made rarer still in that an OSHA inspector happened to be on hand just moments before. But close calls, or “near misses,” are a part of everyday life.

Most employers take care to remind workers of the dangers that can lead to accidents and injuries and provide training on how to avoid accidents. And when an accident does occur, there’s an immediate response, followed by an investigation, so that similar accidents can be prevented in the future.

Failure to take these incidents seriously is begging for trouble, because it’s almost inevitable that, sooner or later, a tripping worker will fall, another will be struck by that door, the damaged rung of a ladder will cause a serious fall, and improper handling of strapping will result in dire injury.

Use these close calls an opportunity for instructive and preventive action. Begin by making it clear that workers are expected to report near misses — not to place blame, but to figure out how to prevent an accident next time.

Because the training opportunity will likely be greatest while the close call is still on everyone’s mind, right after the incident, deliver a toolbox or tailgate talk on what did happen, what could have happened, and how to make sure it doesn’t happen again.

Conduct a training session on close calls in general. The trainer or safety committee member should start by mentioning examples that have occurred in your operation and ask workers to add examples from their own recollection. The session should then focus on causes and, finally, on corrective action. By recognizing the “almost-accident” as a warning and encouraging safety awareness on everyone’s part, you’ll not only reduce the number of near misses but — far more important — also the number of real accidents.

SMALL BUSINESSES TAKE BIG HIT FROM FRAUD

By Risk Management Bulletin

Your business might well be a target for internal fraud. Fraud costs American businesses an estimated 7% of their annual revenues — and small businesses take an especially heavy hit, according to the latest Report to the Nation on Occupational Fraud & Abuse, based on 959 cases of occupational fraud investigated by Certified Fraud Examiners between January 2006 and February 2008. The most common scams among businesses with fewer than 100 employees were fraudulent billing and check tampering, with phony checks alone accounting for more than one out of four rip-offs (a far more common method of fraud than in larger organizations). To identify and curb fraud losses, The ACFE recommends these guidelines:

  • Be proactive. Establish and maintain internal controls to prevent and detect fraud. Adopt a code of ethics for management and employees. Set a tone at the top that your company won’t tolerate any unethical behavior.
  • Establish hiring procedures. Every company, regardless of size, can benefit from formal employment guidelines. When hiring staff, conduct thorough background investigations. Check educational, credit and employment history, as well as references. After hiring, incorporate evaluation employee compliance with company ethics and antifraud programs into regular performance reviews.
  • Train employees in fraud prevention. Are they aware of procedures for reporting suspicious activity by customers or co-workers? Do workers know the warning signs of fraud? Ensure that your staff know basic fraud prevention techniques.
  • Conduct regular audits. High-risk areas, such as financial or inventory departments, are obvious targets for routine audits. Surprise audits of those and all parts of the business are crucial. ACFE’s Fraud Prevention Check-up can help to identify fraud risks and establishing a strategy to prevent such losses.
  • Call in an expert. For most firms, fraud examination isn’t a core business component. When you suspect or discover fraud, enlist the anti-fraud expertise of a Certified Fraud Examiner (CFE).

You can download The Report to the Nation from the ACFE Web site: www.ACFE.com/RTTN. For more information on developing and managing a comprehensive fraud control program, feel free to contact one of our risk management professionals.

UPWARD TREND IN PRESCRIPTION DRUG USE CONTINUES

By Employment Resources

Prescription drug use in the United States is on the rise, both for acute and chronic conditions, according to data from two pharmacy benefit managers. Express Scripts reports the number of people with at least one prescription increased from 67% to 74% between 2000 and 2006, while Medco Health Solutions estimates that more than half of the insured U.S. population took prescription medication in 2007 for a chronic health condition.

According to Express Scripts’ Geographic Variation in Prescription Drug Utilization study, in addition to the increase in the number of Americans using prescribed medications, the intensity of use rose, too. In 2000, the number of prescriptions per person using a prescribed medication was 10.8, and this increased to 14.3 by 2006. The drug therapy classes experiencing the most growth were antihyperlipidemics (for controlling cholesterol and triglyceride levels), antidiabetics (diabetes) and antihypertensives (blood pressure).

Medco’s study found that 51% of insured U.S. adults and children were being treated with prescribed medication for a chronic condition in 2007. Additionally, this study reports that 20% of the population uses three or more prescription drug treatments for chronic conditions. The most widely used drugs were those prescribed to battle high blood pressure, high cholesterol and diabetes.

Both reports point to obesity as a key factor in explaining their findings. For example, the Express Scripts report, which examines geographic variations, found a high correlation between state level obesity rates and use of medications for diabetes and high blood pressure, and a medium correlation between obesity rates and use of medication for high cholesterol.

Other factors that could be contributing to increased prescription drug use, as suggested in the Express Scripts report, include greater compliance rates, more dual therapy, higher screening rates for certain conditions, earlier initiation of drug treatment, and growing willingness on the part of physicians to use drug therapy instead of other types of treatment. Additionally, due to various advances in medical care, many once-fatal conditions have evolved to become chronic conditions, treatable by maintenance medications. Add the growing number of drug therapies now available for conditions that previously went untreated (erectile dysfunction, sleeping disorders, a variety of mental health-related issues), along with direct-to-consumer advertising by drug makers, and this trend of increased prescription drug usage seems sure to continue.

Need assistance in assessing your prescription drug benefits? Contact our office today.

REVIEW YOUR EMPLOYEE RIGHTS NOTICES FOR COMPLIANCE

By Employment Resources

Look on the walls of any business and you’ll find one thing in common: Whether in the employee cafeteria or lunchroom, near the punch clock where workers begin and end their day, or in some other conspicuous place, employers have posted the various legal notices required by law that inform workers of their rights. The federal government requires this of most employers for a handful of employee rights, depending on the size of the business and whether it is a private or public enterprise; additional postings might be required in some circumstances, for example, if the business has federal contracts. State laws also may require separate additional postings.

As a business owner you’re bound to be familiar with the posting requirements, but did you realize that in order to ensure your compliance, you should review these requirements from time to time? That’s because changes to a law can require changes to the required notices. For example, increases in the minimum wage, either at the federal or state level, can mean that it’s time to replace the Fair Labor Standards Act (FLSA) poster currently on your wall.

Here’s a list of the required postings with a brief explanation of each:

  • “Equal Employment Opportunity Is the Law” — Every employer covered by nondiscrimination and equal employment opportunity (EEO) laws must post this notice on its premises. The poster consolidates the EEO requirements under the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Equal Pay Act, effectively covering employee rights based on race/color/religion/sex/national origin, disability, age, and sex (wages). The notice must be posted prominently, both for employees and applicants for employment. The posting requirement applies to employers with 15 or more employees, with some additional requirements for federal contractors.
  • “Employee Rights under the Fair Labor Standards Act” — This poster sets out the minimum wage, and information on overtime pay, youth employment, and tip credit. Because the minimum wage has undergone some changes recently, this is one of the posters you should check for compliance.
  • “Job Safety and Health — It’s the Law!” — All employers must display this required posting from the Occupational Safety and Health Administration that guarantees employees a safe workplace and spells out their rights if they believe there are workplace hazards or health issues.
  • “Your Rights Under the Uniformed Services Employment and Reemployment Rights Act” — All employers must post this notice, which describes the re-employment rights, nondiscrimination guarantees, and health insurance protection for military service personnel and reservists.
  • “Notice — Employee Polygraph Protection Act” — Most private employers must post this notice, which sets out restrictions on employer use of lie detector tests and employee rights under the limited circumstances in which a polygraph would be allowed.
  • “Your Rights under the Family and Medical Leave Act of 1993” — Employers with 50 or more employees must display this poster, which sets out reasons for taking FMLA leave, employee notice and medical certification requirements, job and benefits protection guaranteed by the law, and enforcement. With the recent FMLA expansion that added leave events to care for an injured or ill service member and to tend to an exigency caused by the active duty or call to duty of a service member, this is another poster that you should check for compliance.

As noted above, additional postings might be required, particularly for federal contractors, or based on state-by-state law. Also, you might want to go beyond the legal requirements and also post notices of employee rights under other laws, such as those related to jury duty, COBRA, ERISA, etc.

Most of these posters are available free of charge from the government agency responsible for enforcing the applicable law. There are also vendors who publish these posters, and some make available a single poster that consolidates the basic required notices, so that you can meet your compliance requirement with a single posting.

EXAMINE AND REVISE BENEFITS PACKAGE TODAY FOR GOOD ENROLLMENT RESULTS

By Employment Resources

End-of-year benefits enrollment demands huge amounts of time and energy from a company. Because a quality benefits package is critical to a company’s ability to compete for talent, it can be devastating, come enrollment time, to realize that the benefits being offered are met with less than an enthusiastic response from employees. Why not work to avoid this result by closely examining the “fit” of your current benefits package and taking steps well in advance of open enrollment to prepare for benefits renewal?

Sometimes it will be very clear that your benefits package is in need of an overhaul; other times the hints are more subtle. Any of these occurrences can signal that it’s time to make changes to your benefits offerings:

  • Changes in workforce demographics. A shift in your employee population can call for changes to the benefits you offer. Sometimes merely the passage of time triggers this: for example, yesterday’s college grad new hires are today’s parents, interested in flex time schedules, day care accounts and supplemental life insurance options.
  • A significant change in the number of employees. If your company has acquired a competitor, or opened up a new location, your larger workforce can mean that you might qualify for better pricing on some of your benefits options.
  • Grumbling by employees, or poor enrollment numbers. You might hear through the employee grapevine that your workers are dissatisfied with their benefits choices, or this sentiment could make itself known through enrollment results. Either way, you need to find out why, or your investment in employee benefits isn’t being put to the best use.
  • Your benefits costs rise annually, and you aren’t sure you’re getting the best value for your money. If your company is in any of the above situations — or if you just have a gut feeling that the investment you’re making in benefits isn’t delivering the desired results — now is the time to take action, well in advance of the open enrollment/benefits renewal period.
  • Determine what benefits employees want by conducting employee surveys and focus groups. Chances are you can’t satisfy every employee whim, but you’ll build goodwill through this communication process, and will be better able to craft a benefits package that’s on target with your workforce’s needs.
  • Benchmark your benefits offerings against those of your competitors. The benefits you offer should help attract new employees and engender loyalty among those already on your payroll. It’s hard to achieve these goals if your competition offers a selection of well-priced, diverse benefits and your company does not.
  • Benchmark your benefits costs. Your benefits advisor should be able to supply data that will give you a sense of whether what your company pays for medical, dental, etc. is in the ballpark of competitively priced benefits. If you find that your costs are too high — or if you simply want to see whether you can do better — it’s time to begin the Request for Proposal process.
  • Consider adding benefits you have not offered before. This doesn’t have to be a costly proposition. You can bring in supplemental benefits on an employee-pay-all basis, or add pre-tax flexible spending accounts for health care and/or dependent day care. Surveys show that employees appreciate when employers make these types of benefits available to them, even if the employer isn’t contributing to the cost.

In addition to examining the content of your benefits program, a midyear review of “how” your company conducts open enrollment can help to make this process run more smoothly in future years. Consider your communications; how you can help employees make the best enrollment decisions; and whether you are using enrollment technologies and outside resources as efficiently and cost-effectively as possible. All the planning you do now will make for a smoother enrollment experience, both for your company and for your employees.

STAY SAFE ON THE JOB BY IMPROVING BODY MECHANICS

By Workplace Safety

As a construction worker, you frequently challenge your body to perform tasks that can cause disabling injuries to your muscles, tendons, bones, ligaments, cartilage, and spinal discs. These injuries have a direct impact on you physically by causing extreme pain, and financially by causing you to miss work.

A 2003 survey of heavy construction and highway laborers in New York revealed that construction workers experience some of the highest rates of work-related injuries to their muscles and joints. Sixty percent of the respondents to the survey said they had felt some discomfort in their joints during the past year. The most commonly reported injured area was the lower back; however, necks, shoulders, and knees were also areas that were frequently hurt while working.

In spite of the physical demands of your job, you don’t have to be an injury statistic. Researchers who specialize in ergonomics, the study of the interaction between the human body, and how work-related tasks impact on it, have found methods of lessening the number and severity of injuries. By changing the way tasks are performed, the job can become easier and safer.

Drawing from some of the latest ergonomic information regarding construction tasks, here are some tips to help you use body mechanics to avoid injury:

  • Take a 30-minute mini-break to stretch out your hands when shoveling for long periods. Open your hands as wide as possible, and create as much space between your fingers as you can.
  • Hold the shaft of the shovel so that your hand is in a palm up position.
  • Adjust the handle size of your shovel so that its diameter comfortably fits the size of your hand. Use a handle grip attachment, if necessary.
  • Face toward the direction you will throw the shoveled load to keep from twisting and straining your back.
  • Work in a radius close to your body to avoid stretching and reaching while shoveling and digging.
  • Don’t pick up more than 10 pounds with a shovel at one time.
  • Select a tool with a flat blade for shoveling, and one with a round blade for digging.
  • Use a handle length that allows you to keep your back as straight as possible to lessen back strain caused by excessive bending.
  • Wear protective gear to keep cement from getting on the skin or clothing.
  • Shovel ballast by stepping on the back end of the shovel blade as you push it in. Use a long handled pointed shovel.
  • Wear shock absorbing shoe inserts when walking on ballast or concrete.
  • Wear gloves to prevent blisters and calluses from developing on the hands.

TRAIN YOUR EMPLOYEES ON BACK PAIN PREVENTION

By Workplace Safety

According to the American Chiropractic Association, 31 million Americans experience low-back pain at any given time. That statistic has some serious repercussions for employers, because back pain is the one of the most frequent reasons employees give for missing work. Although it might be a common condition, it isn’t always a serious one. Most cases of back pain are mechanical, meaning they are not caused by diseases, such as inflammatory arthritis, infection, or cancer.

Mechanical back pain can be avoided if you train your employees to follow the three Ps:

Posture — When you slouch or stand with a swayback, the natural curves of the back are exaggerated, causing muscle fatigue and injury. To avoid putting your back in an unnatural position, use the following techniques:

  • When you stand for a long time, periodically rest one foot on a stool or small box.
  • Always hold reading material at eye level.
  • Never lean forward to do a task at your desk, or on a piece of machinery/equipment.
  • When sitting for long periods, position the chair so that your feet stay flat on the floor.
  • If the chair you must use doesn’t support your lower back properly, place a rolled towel or small pillow behind you so that your lower back can rest against it.
  • Remove objects, such as a wallet, from your back pockets when you sit because they can interfere with the proper alignment of the muscles in your back.

Prevention — Your shoes not only impact your ability to maintain a healthy posture while sitting, standing, and walking, but they can also cause falls that result in back injuries. To prevent the risk of a fall, never wear unsupported shoes. Shoes that have a wedged bottom offer more surface area that can support the foot, making it easier to walk, especially if you are doing so at a quickened pace. Most floor surfaces, like hardwood, marble, or linoleum, provide little traction, so be sure your shoes are broken in before you wear them to work. The other alternative is to buy shoes with non-slip soles.

Planning — A common cause of back pain is a disorganized and cluttered workspace. Reorganize your work area to eliminate repetitive movements. All equipment you use frequently should be easily accessible to limit how far you must reach or twist to retrieve them.

  • If you constantly use the phone, try using the speaker feature. If the proximity of the cubicles in your office makes it difficult for others to hear you on a speaker, use a headset or a shoulder rest extension instead. These will prevent neck and back pain that results from staying in one position too long. Never cradle the phone between your shoulder and ear so that you can perform additional tasks while talking on the phone.
  • If you spend long periods of time on the computer, be sure that the computer and monitor fit on the desk so that the screen can be read from a comfortable position and computer discs can be inserted without straining.
  • Limit the time you spend carrying heavy briefcases, purses and bags. If you’re carrying something heavy, know exactly where you are going to put it down, and whether that space is available.

HELP HIGHWAY WORK ZONE WORKERS WITH THESE SAFETY TIPS

By Workplace Safety

The National Institute for Occupational Safety and Health (NIOSH) reports that approximately 100 workers are killed and another 20,000 workers are injured in highway and street construction accidents every year. Data from the Census of Fatal Occupational Injuries (CFOI) reveals that 55% of these fatalities occur within the work zone area itself.

Flaggers and workers on foot face the greatest risk of being struck by vehicles or construction equipment since they are often invisible to motorists or equipment operators. Those workers who operate construction equipment are most likely injured by collision, overturning equipment or being caught in running equipment.

Most highway work zone workers frequently operate in conditions involving low light, reduced visibility, poor weather, or vehicle congested areas.

How Workers Can Protect Themselves from Injury

The following are some of the best safety tips that a worker can adopt to protect themselves from a highway work zone injury or fatality:

  • Wear high visibility garments, such as fluorescent or reflective clothing, arm bands, hats or vests.
  • Be aware of all potential hazards, especially blind spots relative to moving construction equipment.
  • Always look before you move from your position.
  • Fully understand the channel lanes where walking is prohibited or is proscribed, where vehicles and equipment enter or exit, and the direction of all traffic in and out the work zone.
  • Use spotters while loading and unloading equipment.
  • If acting as a spotter, know where you are expected to stand and confirm what hand signals are to be relayed to the driver.
  • Before each work shift begins, familiarize yourself with the communication signals to be used between equipment operators and workers on foot.
  • Be aware of the swing area for equipment that uses buckets.
  • Never stand under any suspended equipment like buckets, booms, or arms.
  • Ensure that all parking brakes are applied to any equipment, especially if you have to exit the vehicle temporarily. Additionally, all vehicles parked on inclines should have adequate-sized chocks placed under their tires.
  • Do not operate any vehicle, especially rollers, on an incline without wearing a seat belt.
  • Never approach any machinery without signaling the operator to shut down the equipment and receiving an acknowledgement in return.
  • Avoid riding on any moving equipment like rollers or similar equipment.
  • Equipment operators should never move equipment without making positive visual eye contact with all workers on foot in their vicinity.
  • Flaggers should understand the traffic flow, work zone set up and the proper placement of traffic channeling devices.
  • Flaggers should maintain ample distance from other highway workers so their role can be distinguished by passing motorists.
  • Flaggers should ensure they have good sight communication or two-way radios to communicate with their counterpart at the other end the vehicular stream.

Always think safety and be aware of your surroundings. Above all else — never assume that equipment operators or motorists outside the work zone have spotted you and will slow down or stop.