Workplace Safety

If workers don’t use what they’ve learned in safety training sessions, they’ve wasted their time – and their employer’s money. In many cases, the reason is a lack of reinforcement when they get back on the job.

The first step in avoiding this problem is to meet with participants beforehand to agree on mutual expectations and objectives for the session. Depending on the type of training, this discussion can take place up to four weeks before the program begins. Don’t wait until the day before the meeting.

After the session, simply asking trainees how they liked the program is not enough – even though that’s where reinforcement often stops. Instead, meet with workers individually and as a group for follow-up to help determine whether the training met everyone’s expectations, the work environment is supportive of the concept(s) taught, and the participants know how to implement what they learned on the job.

To reinforce the effectiveness of training, job safety experts recommend these guidelines:

1. Be sure that the trainer(s) have a solid understanding of the participants’ jobs and make the content relevant and practical.
2. Link the training to your company’s goals and objectives so that workers understand the importance and the relevance of the information.
3. Minimize interference from the job during the session so that trainees can give their full attention to the content.
4. Allow for reflection and application throughout the training, giving participants a chance to think about how to use this knowledge and skills back on the job.
5. Provide opportunities for practice and feedback to reinforce the training.

We’re always ready to advise you on implementing an effective follow-up program on your job safety programs.

More than 10% of small businesses had employees show up for work last year while under the influence of at least one controlled substance, according to a recent nationwide study. The survey of more than 500 businesses with 100 or fewer employees, commissioned by workers compensation insurer Employers Holdings Inc. (Reno, NV), found that alcohol, marijuana, and prescription painkillers were the most common substances abused.

“Business owners today are rightfully concerned about the use of illegal or judgment-impairing substances in their workplaces,” says Employers Holding Chief Operating Officer Stephen Festa. “It’s a disturbing trend that we’ve seen developing during the past several years with the rise in prescription opioids and the increasing legalization of marijuana.”

According to Festa, employees under the influence of these substances on the job pose a potential danger not only to themselves, but also to their fellow workers. More than three-quarters of small business owners surveyed agreed that it’s dangerous for their employees to be under the influence of alcohol, marijuana, prescription painkillers, and such illicit narcotics as heroin and cocaine while at work. More than half of respondents said that over-the-counter pain medications could also pose a danger to employees.

“To those of us in workers compensation insurance, prescription opioid abuse is of particular concern,” says Festa. The Centers for Disease Control has reported that more people die from prescription painkillers than from heroin or cocaine. Opioid addiction has been linked to decreased worker productivity, as well as making workplaces less safe, prolonging disability claims, and increasing the risk of death from overdoses.

As workers compensation specialists, we’d be happy to work with you in developing and implementing programs to help keep your workers clean and sober on the job. Just give us a call.

If you believe you don’t need Workers Compensation insurance, here’s a reality check:

Myth. I only have a few employees, or mostly part-time employees,

Reality: Workers Comp makes sense no matter how many employees you have. It helps cover medical expenses and lost wages for employees with job-related injuries and protects against lawsuits from injured workers if you’re found negligent. What’s more, some customers and clients may require you to carry it.

Myth: My employees won’t sue me.

Reality: Never say never. Injured workers might well sue to pay medical bills that could run into millions – not to mention pain and suffering or punitive damages. Workers Comp provides legal defenses that can slash your liability.

Myth: Workers Comp is too expensive. If one of my employees is injured, I’ll just pay out-of-pocket.

Reality:  Weigh the cost of coverage against potential losses from an injury, especially if the employee sues. The longer a worker is off the job, the more it costs to cover lost wages and productivity. Severe injuries can take weeks or months to heal– or even lead to permanent impairment.

Myth: I provide a safe workplace. My employees won’t get injured.

Reality: Mistakes happen even in the “safest” workplace.  Many companies post signs proclaiming the number of days without an injury on the job,  but rarely do they read “365 days” Even the most minor mishaps can cause major damages.

Myth: Medical costs in the Workers Comp system are too high.

According to the National Council of Compensation Insurance, the medical cost inflation rate for Comp has been similar to that for Group Health insurance during the past several years.  Legislation and regulations have led to the expansion of cost-containment programs.

To make sure you have this essential protection, at an affordable cost, just give us a call.

The answer depends on the situation.  While most businesses will let the inspector in, you don’t necessarily have to do so.

Some experts believe that consenting to an OSHA inspection without a warrant is less troublesome, less costly, and more beneficial to the employer.

Others stress the potential benefits of requiring the agency to get a warrant before an inspection. For example: 1) The warrant might be narrowly written (many judges draw up warrants limited to the specific complaint in the affidavit, which might be more restricted  than the inspector would have without a warrant); 2) You might be able to buy some time (because the warrant might not be issued for up to 30 days, you’ll be able to remedy existing hazards or bring OSHA-required records into compliance) ; and 3) Your risk is small (because the agency has little discretion in fining and citations and  the settlement process is the same regardless of whether a warrant has been issued, there’s little risk of a greater penalty for insisting on a warrant).

If you do require an inspector to return with a warrant, review the document carefully

to make sure it describes the scope of the inspection in detail and has enough information to allow a determination of probable cause

As always, it’s wise to follow the Boy Scout motto and “Be Prepared.” Consult with your legal counsel ahead of time, so that you’ll be ready before an OSHA inspector knocks and you’re on the spot.  We’re also ready to offer our advice at any time.

For years, employers have taken comfort in the “exclusivity rule” of Workers Compensation: Businesses traded their strict liability exposure for workplace injuries in return for limited exposure and payments. However, recent decisions under the Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), and state tort laws have been eroding this doctrine. For example, an employer who fires an employee on Workers Compensation leave might face not only a retaliation claim, but a wrongful discharge suit under the ADA, FMLA, or state tort laws.

In dealing with the “Bermuda Triangle” of exclusivity issues – termination of health care and other benefits, “reasonable accommodation vs. light duty,” and termination of employment –experts recommend these guidelines:

1. Give injured employees every reason to return to work.
2. Speak to a professional before you take any adverse employment actions against someone who has filed a Comp claim.
3. Make sure your employee handbook and other policy documents describe how you handle health care and other benefits payments to employees on leave. For example, although your health care provider might terminate coverage after 90 days of non-active employment, you might have a 12-week obligation under the FMLA, and perhaps an even longer obligation under your own policies.
4. Move slowly. There’s usually no reason to rush.
5. Finally, although checks and balances, including medical certifications, are essential, take the “high road” and treat employees as you’d want one of your family members to be treated.

Don’t trying to manage these situations on your own. It’s essential to get professional advice from your employment practices attorney or human relations department.

The Workers Compensation specialists at our agency would be happy to share their expertise with you, free of charge.

Safety signage plays a key role in protecting your workers. To make the most effective use of these warnings in your facility, and comply with OSHA regulations, be sure all employee are familiar with the three colors of workplace signs and pictographs so they can recognize the degree of danger (or safety) even if they don’t have time – or aren’t able – to read the  specific message.

Here’s how the system works:

• Red stands for danger. Red danger signs and tags, with contrasting black or white lettering, are used in areas where an immediate, serious hazard that can cause death or serious injury exists. Flammable liquid containers are usually colored. Red markings are also used for some safety equipment, such as emergency stop bars, buttons, and switches.
• Yellow stands for caution. Yellow and black caution signs and tags warn about potential hazards or unsafe practices that could cause minor injuries. Wet floors, radiation, and “Do Not Enter” signs are colored yellow

• Green is for safety. Safety instruction signs have a white background, a green panel, and black and white letters or markings. They provide general safety information. For example, to mark the location of emergency exits, first-aid kits, and safety equipment.

These pictographs or graphic signs are usually self-evident.  However, to make sure that all workers understand their meaning, review them in a safety meeting, and then give them a quiz to ensure they can match the hazard to the graphic.

The workplace safety professionals at our agency would be happy to help you review your signage policy. Give us a call at any time.

Because safety training is an ongoing activity in your workplace, it makes sense to find new ways of keeping employees involved. The use of visuals, including images and videos, can play a key role in this process.

Although safety trainers tend to avoid using pictures in their materials, “All of the research on learning with pictures indicates that pictures used in combination with words create better learning,” says Jack Massa, owner of Guidance Communications, Inc. (www.guidancecom.com). Massa uses a broad definition of “pictures” to include “any visual that is meant to represent something, either concrete or abstract;” everything from high-definition stock photos through diagrams to simple line drawings.

He recommends careful selection of visuals. A common mistake is using them as “decorations” that represent an idea or concept, rather than educational tools that support the specific learning content.

Another frequent error is failure to keep visuals in mind. Just as trainers think about how to express concepts in words, they also need to decide how they will communicate ideas visually.

Massa offers these guidelines for selecting picture:

1. Decide which types of visuals are best suited to the content. For example, a flowchart can be effective when training on a new process or procedure.
2. Use good graphic design principles. Look for consistency in the visual presentation, and don’t combine different styles of clip art.
3. Leave out extraneous information. Keep drawings and diagrams simple and only include text that supports learning.

Remember, one picture can be worth 1,000 words.

Many companies use “lean manufacturing” procedures to streamline production by reducing wasted time and motion. Although these changes often show up in the bottom line as black, their long term repercussions on workplace safety – higher accident rates and workers comp premiums –could put a business back in the red.

“Approximately 65% of workers compensation claims are for musculoskeletal disorders (MSDs),” says Chris Shulenberger, Technical Director for Ergonomics with Bureau Veritas North America Shulenberger. However, many employers might not make the connection between their lean manufacturing procedures and high rates of sprains and strains, overexertion injuries, and cumulative trauma MSDs among their employees.

If you streamline your manufacturing, beware of these potential pitfalls that could turn “leaner” into just plain “meaner:”

• Excessive Overtime. Lean manufacturing depends on a smooth supply chain. When there are glitches, workers need to pick up the slack with increased production and longer hours, both of which contribute to MSDs.
• Hyper-efficiency. For some employers, the drive to improve employee productivity ignores human limitations. Removing the waste from jobs eliminates essential time for workers’ bodies to restore themselves, which can reduce disabling MSDs.
• Working through pain. Some supervisors in lean manufacturing facilities are slow to respond to worker reports of fatigue, discomfort, and/or pain: the earliest symptoms of an MSD. In other cases, there’s “working through pain” culture which encourages employees, like high-performing athletes, to ignore early symptoms – which can easily lead to a MSD. Make sure that your workers report any MSD symptoms and supervisors know how to respond to these complaints.
• Micromanagement. Increasing the intensity of work reduces employees’ control about how they do their job – a proven risk factor for MSDs.

Our risk management professionals would be happy to review the potential impact of your manufacturing procedures on workplace safety.

A United Parcel Service driver who hurt his back while tying his shoe is entitled to workers compensation benefits, says the Idaho Supreme Court.

Michael Vawter began working as a UPS delivery driver in 1983. In 2009, when he stooped to tie his boot laces while waiting for his truck to warm up at the start of his shift, Vawter immediately felt “a pop and pain” in his lower back, according to court records.

After being diagnosed with a herniated disc and cauda equina syndrome (a neurological condition of the lower spine), he filed for workers comp benefits, claiming that his injury resulted from his work at UPS.

The company denied Vawter’s claim, arguing that his injury was not work-related, but resulted from a pre-existing condition. However, the Idaho Industrial Commission ruled that he should receive temporary total disability benefits, plus another $149,000 in medical expenses. After a series of appeals by UPS, the state Supreme Court upheld the commission’s decision, ruling that injuries to workers are presumed to arise from their employment when an accident occurs on an employer’s premises. The decision also noted that UPS requires its employees to have their shoes tied or secured under a policy that specifies “no loose or dangling parts” on employee footwear.

In addition to affirming the benefits previously awarded to Vawter, the high court ordered the company to pay an additional $24,627 in medical costs that he accrued between the date of his 2009 injury and the first hearing before the Commission.

The moral of the story: Before you contest any workers comp claim, be sure you’re on sound legal grounds.

Job safety analysis (also known as job hazard analysis or safety analysis) can play a key role in helping keeping your workers safe – and your workers compensation premiums under control. A JSA breaks a specific job into basic steps, identifies the hazards associated with each, and recommends controls for these exposures.

Although you can do a JSA on any job, it makes sense to focus on those that: 1) have the highest injury or illness rates or the potential to cause harm; 2) are new to your workers or have changed procedures recently; and 3) are complex enough to require written instructions.

The analysis should review statistical data to reveal trends and identify specific areas of focus on accident prevention. Data to analyze includes recordable injury and first-aid logs, safety inspections, and reports of accident investigations, and employee hazards. Look for similarities between the data and job location, type of equipment in use, time of day, and day of the week – as well as when and where near misses have occurred. Be sure to include, and document, observations of employees who work in hazard-prone areas.

Once you’ve completed the JSA and identified the hazards, you can develop and implement such corrective actions as:

• finding a new way to do the job
• changing the workplace conditions that create the hazard
• revising job procedures
• reducing the necessity or frequency of high hazard jobs or tasks

As part of every accident investigation, review the analysis. If a JSA hasn’t been conducted, perform one to determine the events and conditions that led to the incident.

For more information on this powerful job safety tool, just give us a call.