Workplace Safety

High heat and construction work are simply not compatible. Yet, the work must get completed. Workers must wear protective clothing and gear which diminishes the body’s capacity to shed heat. This fact combined with high heat creates specific exposures which require vigilant monitoring.

Short-term exposures to heat and humidity:

• Prevention: Drink plenty of water – a good test is the employee must urinate every three hours at a minimum, two hours is better. If they do not need to urinate, they are not getting adequate fluids. Wear breathable clothing such as cotton. Work in the shade or indoors as much as possible, take frequent water breaks in the shade.
• Heat exhaustion: the stage prior to heat stroke when many symptoms from dehydration can be noticed. Any dizziness, nausea or vomiting, cramping, or sudden weakness requires immediate attention. Headaches, blurred vision or unusual fatigue can be signs of heat exhaustion. Rest the worker in the shade, loosen tight clothing and provide water. Observe the employee for several minutes. If they quit sweating or any symptom becomes worse, or they breathe rapidly or have a quick pulse, seek emergency medical help immediately.
• Heat stroke: LIFE THREATENING. Add these to the heat exhaustion symptoms:
  • Hallucinations, confusion, disorientation, illogical behavior
  • High body temperature, red or pale skin, difficulty breathing
  • Unconsciousness or coma

Seek immediate professional help for these symptoms.

Bacteria carrying insects love this weather. Lyme disease and West Nile Virus are not uncommon. Prevention includes spraying mosquito deterrent and checking for ticks.

Long-term exposures include skin cancer. Wear protective clothing and use sunscreen.

Common sense goes a long way to prevent over-taxing workers. If a concrete pour is scheduled for an extremely hot day, postpone. You’ll spare your employees heat related discomfort, and the odds of getting the concrete in before it sets is remote at best.

Remember your machine operators too. Check on them throughout the day and carefully observe their performance. Any signs of erratic behavior needs to be addressed immediately. Even air conditioned cabins can create dehydrating condition in the hot sun.

If you want your crew working Friday, you need to supply plenty of water and shaded rest breaks Monday through Thursday. The body can only take so much heat.

Nearly one of four people aged 64 to 75 are still at work – and the number is skyrocketing, with more Baby Boomers who reach retirement age staying in the workplace. The good news: Older workers have a lower injury rate. The bad news: Their injuries tend to be more serious and require more time away from work.

Senior workers have specific safety issues. Their retention is often shorter, they’re more easily distracted, have slower reaction time, declining vision and hearing, and a poorer sense of balance. These physical limitations lead to specific types of injuries for older workers, ranging from falls to accumulated injuries after years of doing the same task What’s more, they sometimes deny their deteriorating abilities, which can lead to them to trying to work past their new limits.

Indicators that older workers might need accommodations can be physical (fatigue or tripping), psychological/emotional (loss of patience or irritability), numbers and patterns of sick days, or more frequent minor injuries or near misses.

You can help protect your senior workers by:

• Finding ways for them to work smarter, not harder
• Decreasing activities that require exertion, such as working in heat or cold or climbing ladders
• Adjusting work areas with better lighting, reduced noise, fewer obstacles, and less need to bend or stoop
• Redefining standards of productivity
• Learning the limitations of older workers, perhaps by conducting annual hearing or vision tests

Make sure that safety culture becomes an institutional value for all employees. For example, when on-the-job feedback indicates that an older worker is having trouble, don’t fire the person. This will discourage honest input from employees who might feel responsible for their co-worker’s loss of employment.

For more information on making your workplace safer for older employees, feel free to get in touch with us.

The bad news: slips, trips, and falls are one of the nation’s leading causes of workplace injuries. The good news: working with safety professionals can help prevent these accidents – and keep your Workers Compensation costs under control.

Falls on the same level (in which workers slip and fall on the surface on which they’re standing) cost Workers Comp insurance companies a hefty $8.61 billion in 2010, accounting for 16.9% of their total claims. That’s the word from Wayne Maynard, Manager of Technical Services and Product Development for the Loss Control Advisory Services unit of Liberty Mutual, the largest Comp carrier in the nation.

According to the Liberty Mutual 2012 Workplace Safety Index, “bodily reaction” injuries – which includes those caused by slipping or tripping without falling – represented $5.78 billion of Comp costs in 2010, or 11.4% of the overall burden,. Falls to a lower level in that year accounted for another $5.12 billion, or 10% of claims.

These costs are rising, due in part to an aging workforce (older worker tend to have more balance problems). Falls on the same level increased 42.3% from 1998 to 2010, while bodily reaction injuries increased 17.6% during this period.

You can help reduce the frequency of slips, trips, and falls by taking such ergonomic enhancements in the workplace as 1) adding slip-resistant flooring; 2) eliminating raised surfaces that might cause tripping; and 3) installing handrails on stairs. Also make sure that your employees take immediate steps to clean up spills that could create slippery floors.

Our agency’s professionals would be happy to provide a complimentary “slip, trip, and fall” safety review of your premises – just give us a call.

Everything is not “coming up roses” for a California gardener charged with Workers Compensation fraud and perjury.

Jose Cortez earned his living as a gardener until October 2010, when a large tree branch fell and landed on him during his shift. He was transported to a local hospital and sent home with “minor work restrictions.

Although Cortez filed for Workers Comp, claiming that the injuries sustained that day prevented him from completing his customary work duties, not everyone was convinced. The following year, a tip aroused enough suspicion for his insurance company to initiate video surveillance, which revealed that Cortez was carrying on as if it were business as usual.

In September 2012, investigators from the San Bernardino County District Attorney’s Office Workers’ Compensation Insurance Fraud Unit conducted a criminal investigation, collecting surveillance footage of Cortez, who was still collecting under his claim. On January 21, 2013, prosecutors filed criminal charges against Cortez, resulting in a felony arrest warrant being issued. If convicted, he could enter a system far different from Workers Comp – state prison, where he could serve as many as eight years. “This type of fraud is harmful because it causes premiums that businesses have to pay to go higher,” says Deputy Assistant District Attorney Scott Byrd. “It drains business profits, which in turn costs honest workers money in raises or other benefits that they may have been eligible to receive.” A word to the wise.

There are many benefits to sticking to a schedule. When workers, engineers and foremen can see their work come to completion exactly as planned, it’s satisfying for everyone involved. It also helps keep costs down and investors feeling confident. However, planning doesn’t come easily to most people, and the costs can be disastrous.

Most people will cut corners when they can. This has nothing to do with work ethic, it’s simply human nature to save energy when possible. Tight schedules can mean skipped steps, which can make for unsafe workplaces. Communication and time budgeting can help you.

Talk It Out

When contracts are being signed and work is being discussed, odds are there are misaligned expectations on either end of the deal. It stems from being unable to cover every last detail, but you can minimize this miscommunication by delving into the specifics of what the schedule will look like. Weather, new regulatory rules, machine malfunctions, common contagious illnesses: uncontrollable events are bound to happen. When you address this with everyone involved in the process, they start to understand that it’s not laziness or incompetency that causes delays.

Take Your Time

You may need to budget for more time than you think you’ll need, even when you take into account the many things that can happen. Under-promising and over-delivering is a tool that is often misused in business. Everyone is so busy proclaiming themselves to be number one that they’re forgetting what that actually means. When you’re competing with companies that promise they’ll get everything done in no time for half the price, that’s the time to set yourself apart by letting clients know that you get things done right the first time, every time. Your company promotes safety and quality above all else.

No Pressure 

Some people do shine under pressure, but for many it just causes a lot of unnecessary stress. It only takes one mistake to lose a worker and be faced with a worker’s compensation nightmare. For the benefit of everyone, don’t put those kinds of expectations on your workers.

When a company decides to follow the right path for their workers, it can seem like a road that never ends. Taking the time to fully vet employees, train them and ensure safe working conditions takes a lot of energy out of everyone involved. It can seem easier to cut corners, which a lot of companies do despite all of the risks and warnings involved, but Missouri is proving to businesses everywhere exactly what the fruits of taking the extra precautions and doing the right thing can mean.

Governor Nixon announced that 2016 is expected to see a 2.4% loss in worker’s comp claims as compared to 2015. Contracting is where they’re likely to see the biggest drop at 4.9%. Missouri’s earning a well-deserved reputation of having the skilled workers and safe conditions to make a significant difference in their numbers, and their rates are definitely showing their success as compared to their neighboring states. Missouri’s economic growth is sure to be fueled by this change as employer’s pay less for injuries and more for salaries, upgraded equipment and a larger workforce.

Ultimately, the regulation and final decisions comes down to the Division of Workers’ Compensation in the Missouri Department of Labor and Industrial Relations working in tandem with the Department of Insurance. However, with the steady improvements that they’ve seen over 2015, there’s every reason to believe that these rates will become in reality in just a few short months.

Hopefully this piece of news helps to inspire those states with more wide-spread problems to start to rethink their policies and analyze their processes. Besides it being costly and time-consuming to file claims, it also opens up a public relations nightmare if their practices start to result in workers becoming injured on the job. Families and individuals alike rely on these companies to provide them with the income and benefits to lead healthy and productive lives, but too much pressure or a lack of attention to detail can threaten the well-being for everyone involved. Thankfully, Missouri is a strong example of the many benefits of doing things right.

As technology progresses, so too must society. However, technology goes much faster than bureaucracy and with that disconnect comes lots of problems. Uber has developed a platform that allows people to become their own bosses by taking their car out and giving rides to those who need them. It’s typically cheaper and more convenient than a cab, allowing people to simply input what they need into an app and then have a driver come straight to them. But exactly what does all this mean for the drivers in terms of worker’s protection?

Calling someone a contractor rather than an employee allows you to get out of a whole slew of federal requirements regarding fair practices.Uber has slapped that label onto their drivers under the guise that it makes the driver their own C.E.O of their transportation business, but some people are challenging their judgment here. Alaska has ruled that Uber needs to start treating their drivers like employees, meaning (among other things) that if people are injured on the job they’d need to provide worker’s compensation according to state law.

In the light of all the new ways to work, it opens up a myriad of questions as to how people should be treated, and both federal and state governments seem to need to push through the bureaucracy to start making decisions faster due to the immediate nature of technology. Uberpaid $77,900 to the Department of Labor because of their assumptions, and this certainly won’t be the last time something like this comes up.

Erring on the side of caution probably seemed far too costly for Uber, but the time and effort that was put into this settlement was likely not something they could really afford either. The Alaskan drivers who signed up to work for Uber likely had no idea what their rights were, and many of them probably still don’t know. If you’re operating in something of a legal grey matter like Uber is, you need to be aware that all jobs come with their fair share of risks. The money you save today could end up costing you much more down the line.

When most employers think of workers’ comp claims, they understandably focus mainly on situations and equipment within the workplace that may cause an injury to employees. However, many fail to consider that even some injuries that occur outside the workplace may still qualify as a workers’ comp claim. While these off-site events bring many benefits, such as a morale boost, they bring risks to the employer as well.

Company-Sponsored Off-Site Functions
Company-sponsored, off-site functions serve a variety of purposes ranging from company league softball games and picnics which boost morale, to retreats aimed at discussing strategic initiatives. Many employers believe that if they state that the event is voluntary that it relieves them of any responsibility for injury, but that isn’t the case. If the employee can prove that mandatory attendance at the event was implied, then their injures fall under workers’ comp. Additionally, courts have ruled that such injuries are valid workers’ comp claims even though they were not received while performing regular job duties.
To complicate matters even further, some employee claims may fall under workers’ comp while others would not. For example, if the company appoints someone to organize an event, there is an implied expectation for them to attend. Thus, their injuries would be covered under workers’ comp. However, other workers may not have felt they had to attend. Thus, their injuries would not fall under workers’ comp.

Employee-Organized Events
Even events that are not specifically company sponsored but that are organized by the employees themselves can bring workers’ comp woes. This could include a bowling night organized by one of the departments or even a going away party for another employee. In the case of employee-organized events, the business owner, executive leadership and the HR department should be very careful to not encourage attendance, which would change the event from a voluntary one to one that has implied mandatory attendance. Additionally, it’s imperative that the company not provide any financial assistance for the event, even in renting the location or purchasing food or drinks.

Business owners understand the importance of maintaining adequate insurance coverage to prevent large out-of-pockets costs in the event of a catastrophe. However, many don’t consider the additional loss of income that they will suffer while a business is closed for repairs. Renovations and rebuilding due to a fire or damage from a natural disaster can result in significant loss of income while the business is shut down. Purchasing business interruption insurance can help replace this lost income.

Business Interruption Coverage Basics
A business interruption insurance policy provides monetary assistance in the case of lost revenue due to a business being forced to shut down. The reasons for business closure are typically limited to damage from a natural disaster, a fire or a limited number of other events included in the policy. Additionally, there is typically a 48 hour waiting period before the coverage begins after a claim is submitted. The business interruption policy will reimburse business owners for the following expenses:

• Lost revenue that would have been earned had the business remained open. This amount is based on past financial records for the business.
• Operating expenses such as rent, utilities or other expenses that continue even though the business is not currently operating.

The prices for business interruption coverage vary because they are based on the amount of risk that the individual business presents. For example, a law office presents a much lower risk of fire than a restaurant and thus would have lower premiums.

Which Businesses Benefit? 
Each company must measure its risk of financial loss to determine if business interruption insurance would benefit them. In performing an evaluation, business owners should consider the following aspects of their day-to-day operations.

• Does the business have other locations which could continue running and producing income while one was shut down?
• Does each location have specific revenue-generating tasks that can’t be performed by the other locations?
• Does the business location or locations have specialized equipment or facilities that would take a significant amount of time to repair or service?