Workplace Safety

Safety was a major reason for the development of an Employee Assistance Program (EAP) at Chamberlain, a paving contractor in Laurel, MD that specializes in parking lot maintenance. During a three-year period, the company’s increases in Workers Compensation and Commercial General Liability exceeded 100%. By implementing a Safety Awareness Program, the company saw an immediate and significant decrease in the frequency of Workers Comp claims and vehicular accidents.

Because Chamberlain’s heavy equipment and trucks travel daily on interstate highways around metropolitan Washington D.C., the owners implemented an alcohol and drug policy. A local consulting firm helped develop this policy by working with the company’s human resource advisory group. The process included meetings with workers to explain the rationale for the new policy and provide an opportunity for employee input.

During these meetings, it became clear that designing an alcohol and drug policy would not magically solve all the negative effects associated with these behaviors. Employees needed a mechanism to deal with personal problems so that they could find help, take a leave of absence to deal with their problems, and then return to the company and improve their productivity.

The consultant recommended that Chamberlain use a qualified provider to implement and manage an Employee Assistance Program (EAP). This firm leads quarterly training sessions for all employees and counseling on family, financial, and other problems, in addition to those related to alcohol and drugs. Each year, a significant percentage of the Chamberlain’s work force seeks help from the EAP counselor, which shows the confidence of employees in this program.

The company supplements its EAP with a drug testing program managed by a separate organization that does drug testing before employment, after accidents, when there’s probable cause, and on a random monthly basis.

Since implementing the EAP and the drug testing program, the company has enjoyed a significant decrease in job-related injuries and accidents, absenteeism, and tardiness — while reducing its Workers Comp premiums by some $50,000 a year. Chamberlain is also benefiting from an improved quality of workmanship, greater customer satisfaction, and higher employee morale. What’s not to like?

Employers are often tempted to cut corners in lowering Workers Compensation costs. We’re here to tell you that these shortcuts only lead to legal headaches.

For example, when an employer decides to declare certain employees independent contractors, and thus exempt from Workers Comp requirements, the usual process is to terminate the employees, have them purchase their own insurance, and bring them back onto the job as independent contractors.

However, such arrangements eliminate one of the key advantages of Workers Compensation laws for an employer: The limitation on the right of an injured worker to sue the business. In other words, if the injured person is an independent contractor, they’ll receive no Workers Comp benefits – which means there’s no limit on their ability to sue your company for whatever damages the court might award! Even if you win the case, defending it will cost you time, money, and grief.

When you, as an employer, choose to use an independent contractor instead of an employee in the workplace, be aware that you’re trading immediate and limited savings on your Workers Comp premium for exposure to unlimited legal damages and other hassles.

Think about it, and give us a call whenever it’s convenient to discuss your options.

On an average day, there are more than 200 workplace fires in the U.S. These mishaps kill hundreds of workers a year, injure thousands more, and cost American businesses billions in damage and lost productivity.

An effective workplace fire prevention program should include these 10 essential elements:

1. Inspect all areas of your workplace for fire hazards on a regular basis. Pay particular attention to areas where fires are most likely to occur. More than half of industrial fires break out in everyday workspaces, while a high percentage start in storage areas.
2. Educate employees about fire hazards. Use bulletin boards, memos, and safety meetings to distribute fire prevention information. Update your training whenever new equipment or processes introduce new hazards.
3. Have the right fire extinguishers. Have maintenance check extinguishers throughout your facility regularly to make sure they’re properly charged. If you expect employees to use extinguishers, OSHA requires that you train them to handle an extinguisher effectively.
4. Store materials safely. Keep storage areas well ventilated and free of ignition sources. Be especially careful with flammables.
5. Dispose of wastes promptly and correctly. Don’t allow combustible waste materials to accumulate. When disposing of other materials, consider the ease of ignition; For example, be sure to dispose of oily rags in closed metal containers.
6. Emphasize good housekeeping. Ensure that all work areas are clean and free of fire hazards.
7. Make sure ventilation systems operate effectively to remove flammable vapors, gases, and combustible dust.
8. Service machines regularly. Set up and enforce an effective maintenance schedule. Pay attention to electrical safety. Check circuits, outlets, wires, and plugs regularly. If you allow employees to use coffeemakers, fans, and other appliances, require them to do so safely and turn off these devices at the end of the shift.
9. Enforce fire safety rules to make sure that all employees follow these precautions.

We’d be happy to offer a complimentary review of your company’s fire safety program. Just give us a call.

Examples abound of workers offering their skills outside the workplace: Nurses and doctors aid the injured or ill; contractors assist someone with heavy lifting or short hauling while on a hardware run; benevolent computer techies make a quick fix for a customer without a dispatch order. If one of your employees suffers an injury while providing such help, can the employee collect under Workers Comp? After all, they were doing their work.

A California correctional officer, injured while helping at the scene of an accident on his way to work, was denied Workers Comp benefits on the basis that his services did not qualify as regular employment. Citing an ethical standard set forth for correctional workers in the Ethics Cadet Workbook, the injured officer claimed it was his ethical duty as a corrections officer to assist those in need, regardless of when or where. Hence, he argued that his services at the accident were related directly to his employment.

However, the court disagreed, stating that: “The fact that the law enforcement code of ethics for correctional officers speaks of a duty to serve humankind and safeguard lives and property does not confer authority on a correctional officer to act outside the scope of his statutory jurisdiction.”

Knowing the eligibility rules for Workers Comp benefits is essential for you and your employees alike. Now might be the time for a refresher course. For more information about your Comp coverage rules, call our service team today.

The more your employees use mobile devices on company business, the more likely they are to suffer injuries – and the greater your exposure to Workers Compensation losses – even if the incident occurs off the clock or away from the workplace!

We’re no longer living in a Monday-Friday, 9-to-5 business world. Millions of workers rely on smart phones, laptops, and tablets for company business outside the office, posing a challenge to traditional definitions of work-related claims. Some 35 million Americans are working from homes, cars, airports, subways, the local wireless cafe — even at the beach during vacations! One survey found that nearly three in five respondents (59%) check their office e-mail when on vacation, while 79% pack their laptop along with their swimsuit or skis.

A combination of factors are contributing to the explosive growth of this “cyberworkalohic” behavior: Job insecurity in today’s uncertain economy, pressure (real or perceived) from peers or managers, the demands of working in today’s global, 24-7 business environment — and the blurring of distinctions between office and home environments among younger, tech-savvy workers.

Consider these scenarios:

• An employee on her evening jog is using her cell phone to check on office e-mails when she stumbles on the curb, falls, and breaks her arm.
• While stuck in traffic on his way home from work, a man receives a work-related text message that’s so upsetting he rear-ends another car, injuring his back.

What happens if these workers file Workers Comp claims for job-related injuries? That depends. The growth in employees’ work-related use of mobile devices away from the job is so recent that courts haven’t yet ruled on whether such claims are compensable.

To reduce exposing your business to this increasingly widespread risk — which could drive up your Comp premiums — it makes sense to set and enforce clear and comprehensive rules for using mobile devices on company business outside the work environment. The goal of this “best practice” approach is to create a corporate culture that maintains a balance between increasing productivity and keeping your workers as safe, and injury free, as possible — on and off the job.

For advice on designing guidelines for employee use of mobile devices, just get in touch with us.

Although most people think of business places as safe and serene, in fact they’re rife with risks, both inside and outside the building. Security experts recommend taking these safety precautions:

• Parking Lot Security/Lighting. Because crime flourishes in the dark, implement a “buddy system” to ferry workers to and from their cars. Limit parking lot access to controlled points and have the lots as well lit as possible. In fact, light is such a deterrent to crime that it’s wise to keep your entire facility lit, inside and out, during non-business hours.
• Entrance Area Safety. Make sure a receptionist is on duty at all times. Provide a registration system for all visitors (even if they wear the uniform of contract cleaning or other service personnel). Have all doors, windows, and locks checked frequently for proper operation. Use badge or other photo ID systems, with frequent checks of entry code systems. Never let employees prop open a door with a chair so that it doesn’t lock behind them outside on a break.
• Suspicious Activity. Urge employees to report any suspicious persons or activity around the building. Never allow employees to open suspicious packages. Instead, report them to the authorities for proper search and disposal.
• Information Safety. Unfortunately, it’s increasingly easy for computer hackers or disgruntled employees to steal your organization’s vital business information. To guard against this threat, use the latest security software for your entire system, updated frequently, and make sure to have regular backups for this information. Shred paper documents with critical information as soon as they’re no longer needed.
• Equipment Security. Keep an inventory of all your critical equipment, hardware, and software. This is especially important as electronic devices keep shrinking in size, making them easier to conceal and remove. Having an inventory (many experts suggest taking photos of important items) will also make it easier for your insurance carrier to process any claim if anything “goes missing.”
• Employee Valuables. Provide secure places, such as lockable drawers and closets, for employee property and encourage their use. Valuables, especially any item that reveals personal information, should be locked away during company gatherings or breaks.
• Safety Team. Set up a group of managers and employees who meet regularly with a set agenda.

Our experts would be happy to work with you in creating a comprehensive workplace safety program. Feel free to give us a call.

In 2004, a California carpenter fell 20 feet from a scaffold, suffering a head injury that resulted in brain injury — and led to a structured settlement of $8.9 million (the highest on record in the Golden State).

According to attorney Christopher Asvar, his client is suffering from a variety of injury-related symptoms ranging from multiple personality disorder, depression, and psychosis to cognitive impairment and anxiety attacks that could last for the rest of his life. Asvar won the settlement despite the fact that CT and MRI scans showed no signs of trauma to the client’s brain, and medical experts described his disability as “mild.”

This decision speaks for itself — and it carries a warning to every business.

A recent major OSHA citation incident has been getting the attention of many workplace leaders. A company in Houston was cited with six other-than-serious violations, three repeat violations, and 10 serious violations. The cost of these issues totaled more than $160,000. The incident is a good reminder to employers everywhere that having a solid safety program is crucial.

The Houston company that was cited failed to retrain employees on hearing protection use and to refit them for hearing protection devices. When annual tests were conducted, the results showed that some employees suffered notable hearing loss. The company also failed to secure dock boards that forklifts were driving on. In addition to this, the company did not provide the MSDS sheets that OSHA requires. If inspectors find that the probability of death or physical harm is high, a serious citation is issued. These are always things that a vigilant employer would have noticed. This Houston company also received repeat violations for failing to maintain an electrical conduit, which was pulled back. They also did not provide machine guarding for a wood chipping machine’s rotating shafts. In the prior two years, the company was fined more than $100,000 for other violations.

These same mistakes can happen anywhere. In some cases, they might be a result of workers being in a rush. For example, if a busy employer does not describe injuries adequately that happen on the job, a citation can be issued. Limited details might seem like concise ways of describing incidents, but it is important to include as many details as possible. Communication and documentation are very important in maintaining workplace safety. Having log books where employees are required to initial important tasks is essential. In the case of the cited Houston company, not documenting the workers’ unsafe exposure to hearing hazards without adequate protection was a big mistake.

When a company violates safety regulations repeatedly, the health of workers is put at risk. Although the world is much more informed because of the availability of information on the Internet, employers should never assume that workers know how to stay safe on the job. Many employers also do not understand fully how to avoid citations. Having a detailed safety program is important, and the program should be reviewed frequently. For information about implementing a solid safety program, discuss this important issue with our agents. Reviewing a safety plan is also important. Many companies upgrade equipment, and safety standards can change. It is important to keep current with all safety regulations. Employers can also contact OSHA for in-depth information. Providing a safe workplace is the employer’s responsibility, and the price of failing to do so is very high.

Lockout and tagout procedures are designed to keep workers safe while energized systems and machinery are being serviced. OSHA requires all companies performing routine maintenance on energized systems to adhere to special standards. The specific OSHA standard outlining the need for a structured lockout/tagout plan is 29 CFR 1910.147. Although this standard is required of all such businesses, at least 50,000 workers are injured each year as a result of equipment startup accidents. In addition to this, at least 120 incidents result in death. Here are the top five reasons employees are hurt or killed during lockout/tagout procedures.

Failure to Disconnect Power Sources. Many workers mistakenly believe that turning off a switch eliminates the immediate power supply to equipment. However, power is still able to travel through a short circuit. If the switch is defective, a considerable amount of power can still come through.

Failure to Stop Equipment. When workers become accustomed to a piece of equipment, they can develop a false sense of total control over it. If they also fail to restart or stop the equipment regularly, this creates a recipe for disaster. Whether the reason is a fear of lost productivity or a false sense of security, the end result might be a fatal accident. Always make sure employees follow instructions for stopping or restarting any piece of electrical equipment.

Failure to Deplete Residual Energy. Machinery and large electrical devices use a battery or capacitor to store energy. If the power switch is shut off, there is still a risk of getting shocked by the equipment, and it is possible to get shocked even after it is unplugged. To ensure the safety of employees, it is necessary to release or block stored energy completely.

Failure to Clear Work Areas. Before restarting equipment, many workers fail to clear away debris. A dangerous tool with the capability to fall and hit someone is just as dangerous as an unlocked machine.

Failure to Ensure a Safe Path. When restarting equipment, it is important to make sure all co-workers are out of the path of danger. Many workers’ injuries are caused by fellow employees who fail to ensure a safe path prior to restarting a machine.

The easiest way to avoid these mistakes is to consider two rules of OSHA’s 29 CFR 1910.147 regulation. The first is that employers should review lockout/tagout procedures carefully each year. They should also create a detailed report documenting their inspections. In addition to this, employers should discuss the results with an employee authorized to operate the equipment. Be sure to include the date, inspector’s name, employees involved and the process being inspected.

The second requirement to consider is that all authorized personnel should be trained properly for lockout/tagout procedures. If an employee changes jobs, retraining is required. This is also true if a new machine or process is brought in. In addition to this, employees must be retrained if energy control methods are changed, if an incident occurs or if procedures have not been followed properly.

Every workplace has safety hazards. Whether the hazards are slick floors, dangerous equipment or even a sharp edge on a file cabinet, they exist everywhere. It is the employer’s responsibility to find these hazards and implement ways to minimize safety risks. When employees are safe, they are more productive.

For example, consider a workplace with dim lighting. If employees must assemble sharp objects in such a workplace, the dim lighting could lead to multiple injuries.

Safety programs are important for every workplace. They involve forming and implementing various safety measures. For example, a factory manager who orders upgraded equipment would need to identify the safety risks of the new devices. They would need to develop a safety plan for employees who must use the equipment. However, not all job risks are in factories or even in offices. If a worker must travel, employers need to identify what types of risks the employee faces during trips. Dangerous neighborhoods, icy roads or risky tasks are all issues employers must consider for traveling employees. One of the most overlooked workplace dangers is unstable employees. Whether they have personal or work-related issues with co-workers, unstable workers might be the perpetrators of workplace violence incidents. It is important for employers to discuss these issues with employees, and they should know what signs to look for in a dangerous employee.

One of the best ways to offer incentives for reducing on-the-job accidents is to offer employees a share of insurance premium reductions. In addition to this, it is important to develop a solid plan that includes applicable points from the following list of suggestions:

• Make sure all violence threats are reported and investigated promptly.
• Carefully match applicants to the best jobs for their individual abilities and skills.
• Mark all exits, passages and aisles clearly, and make sure they are kept clear of debris.
• Comply with all OSHA IIPP requirements.
• Install enhanced security systems to prevent burglaries, stop fires and monitor activities.
• Install slip-resistant surfaces on stairs, and make sure each staircase has handrails.
• Make sure lighting is optimal.
• Keep a first aid kit in an accessible place, and post emergency instructions in visible areas.
• Never allow productivity measures to compromise the safety of employees.
• Make sure safety equipment has electrical grounding, guards and easy-to-use power switches.
• Elect a safety officer, and conduct safety meetings regularly.
• Require drug tests for new employees and for existing employees after accidents.
• Make sure all furniture and office equipment pieces are designed ergonomically.
• Perform a criminal background check on all candidates who are applying for positions of responsibility for infants or the elderly.
• Conduct pre-hire and annual DMV checks on all employees who drive on the job.
• Set smoking rules, and be sure to encourage anti-tobacco campaigns.
• Provide employees with protective gear required for their jobs, and provide instructions for proper use of protective wear.
• Meet all hazardous materials reporting requirements.
• Communicate emergency response plans with employees.
• Require ill employees to go home instead of letting them work with dangerous equipment.
• Perform routine inspections on equipment for functionality.
• Address the issue of indoor pollution problems by requiring regular inspections and maintaining proper ventilation.