Workplace Safety

Most people don’t think of hotel workers when they think of hazardous jobs. After all, they’re not working with dangerous equipment for many hours a day, nor are they exposed to toxins. But dangers sometimes lurk where you least expect it, and this may explain why there seems to be an influx in claims related to the industry.

Time and Prevention

Hospitality tends to yield injuries to staff that are otherwise preventable with better training or hiring practices. Some of these protocols are skipped in light of more pressing matters of the day. When tourists cut back, hotels often have no choice but to cut back on their staff as well. When employees aren’t properly supervised or they feel overwhelmed to complete tasks before their shift is over, they’re liable to make a mistake. While most hotel managers and owners understand the preventative measures they’re supposed to take, the evidence suggests that these precautions are being ignored in light of what’s convenient or cheaper.

The Hazards of Hotels

Employees in hospitality are constantly being asked to lift or carry a variety of objects. From the steward unloading supplies or baggage to the waiter picking up huge trays of food to the room attendant turning over a mattress, there’s a lot of ways that an employee may take a shortcut or simply take on more than they’re ready to handle. They’re also often working in precarious situations that demand awkward body positions. Over time, the odds of an injury occurring will increase to the point of certainty if there’s no intervention. One hotel hired a worker who had two knee replacements, who then injured her leg — costing the hotel tens of thousands. Room attendants who work with chemicals all day may develop irritation to them over time, and those who clean floors may find that their backs start to ache after a few weeks.

Tips to Decrease Liability 

The best way to decrease your liability in the hotel industry is to give your staff only what they can handle. This means seeing past the immediate needs to save money, and instead focusing on training and supervision to ensure that everyone understands what safety really means. It may also mean investing in equipment that is ergonomic. For example, a new power scrubber may allow maximum control with minimum body effort on the part of the cleaner. These tips only strengthen the hotel to increase its profits rather than eat into your bottom line. Skipping steps generally results in insurance rates rising or having to pay out of pocket for the cost of an accident.

By decreasing work time lost from to job-related injuries and illnesses, Return-to-Work (RTW) programs can reduce your insurance costs (Workers Compensation, Disability, and Medical insurance), strengthen workplace morale, boost productivity – and help protect you against ADAAA litigation.

Here are ten common mistakes by businesses when using RTW:

1. Failure to manage the higher number of employees covered by the ADAAA. An expanded definition of disability has increased the number of employees under the ADA to the point that some attorneys advise against fighting disability claims.
2. Insisting on employee release to “full duty” before returning to work. This raises Workers Comp costs and the possibility of the employee not returning to work when medically possible.
3. Ignoring co-morbidities. Health issues that complicate or delay an employee’s recovery (such as diabetes, obesity, and hypertension) can increase Comp claims.
4. Failure to commit the necessary budget or resources. The costs of absences and non-compliance with government rules is usually far higher than that of implementing an RTW.
5. Reluctance to set transitional assignments because employees “might get reinjured.” It’s even riskier to have them stay at home and develop a “disability attitude” that extends the absence and boosts costs.
6. Failure to distinguish “light duty” from “transitional work.” The ADAAA permits employers to reserve less physically demanding or “light-duty” jobs for those with work-related disabilities – and these jobs should be distinct from transitional tasks.
7. Relying on physicians to guide the RTW process. Although physicians are medical experts, they’re not familiar with workplace policies, job demands, and the availability of transitional work.
8. Failure to understand overlapping and conflicting laws. The clashing requirements of insurance companies and state and local governments can be a nightmare.
9. Inability to focus on the goal. An Integrated Benefits Institute study ranked a focus on the employee’s job as the major success factor in successful RTW programs.
10. Believing that Workers Comp settlements resolve other liabilities. One size does not fit all.

When it comes to workplace safety, have you considered the company parking lot or garage? Your workers use it at least twice a day to stow and shelter their vehicles, but beyond that it’s fairly invisible. A closer look reveals that predators might easily be lurking there. To minimize this threat, experts recommend ensuring that workers (as well as visitors) take these precautions:

1. Stay alert for cruising vehicles, whose drivers can stop suddenly and jump out to rob or assault you.
2. If you’re using a parking lot, park near the building in a visible, lighted area.
3. In a parking garage, park near the parking attendant (if there is one) or near a well-lit exit. Women should avoid using stairs and elevators, if possible.
4. Use the main exit/entrance rather than a side or secluded one.
5. Lock any valuables (including GPS, shopping, other bags, etc.) out of sight. If you’re walking to your vehicle after hours, ask a co-worker or security officer to accompany you.
6. If you have to walk alone, ask someone to watch from inside, if possible. Turn around frequently to make sure you’re not being followed and pretend that you’re waving to someone ahead to give the impression you’re not alone.
7. Don’t talk on your cellphone or listen to music with ear pods — predators are looking for victims who seem distracted or unaware.
8. Have your car keys and personal alarm or whistle ready as you approach your vehicle.
9. If someone nearby looks suspicious, keep walking and get to a safe place where you can call for help.
10. Before you unlock the door, take a good look around, inside, and behind the vehicle.
11. Once you enter the vehicle, lock all doors promptly and keep your windows up until you’ve exited the lot or garage.

Words to the wise.

When you’re fighting a questionable Workers Compensation claim in court, you’ll need to base your defense on a strong administrative foundation.

Effective workplace policies and procedures should include – at a minimum:

• A legally compliant application for hire. What kind of information are you getting from the individual? Do you do background checks? Have you asked the right questions? Do you have enough good information about this individual on the application to help defend yourself, if needed?
• Legally compliant interview process. Recent changes to the Americans with Disabilities Act mean that you’ll need to be careful during job interviews in asking questions about intoxication, for example.
• Post-offer/pre-placement medical exam. Are you using these to look for drug use? Do you meet state or federal requirements? Do you have quality policies and procedures to enforce these standards?
• Legally enforceable drug-screen program. Does your program comply with state and federal regulations? Can you require workers to take a drug screening after an injury? What are the permissible levels of intoxication?

In addition, having effective descriptions and job function analyses will help you in three ways:

1. They work well in the initial hiring process because you can give them to the individual and define the job is to avoid misunderstandings – this will help filter out people who are not well suited for the job.
2. You can give them to a doctor who can determine suitability to perform the job after an injury.
3. Under the Americans with Disabilities Act, you can determine what restrictions a disabled employee might need, and whether this person can perform the essential functions of the job.

Our Workers Compensation specialists stand ready to offer their advice at any time.

If your workers take a “rules are for fools” attitude when it comes to workplace safety, and supervisors don’t enforce these standards, you could end up paying through the nose for their indifference.

Consider this story, based on a real court case:

Joe was a wrapper at ABC Furniture. One afternoon, he worked overtime to help his supervisor, Mario, build an enclosed office within the company warehouse. Late that afternoon, Mario told him to pick up a load of sheetrock, using a forklift – even though Joe wasn’t trained or certified to use it. The result: he overloaded the forklift, which turned over and crushed his leg, an injury that required amputation. When Joe applied for Workers Compensation, ABC fought the claim, arguing that because he violated company safety policy by operating a forklift without authorization or training, he was injured while acting “outside the scope of his employment.”

However, a state superior court, disagreed, ruling that Joe could collect benefits – even though he had violated company safety rules and wasn’t performing his usual job. In this case, both he and his supervisor, Mario, clearly had no commitment to a policy that would have prevented the accident.

All too often, employees sidestep safety rules, while their supervisors turn a blind eye to this reckless behavior. Many of these cases involve misuse of equipment and forklifts, usually by younger, risk-taking workers.

The bottom line: If employees don’t know and/or follow safety rules, and supervisors don’t enforce them, resulting in an accident – especially one that involves a serious injury – your business will suffer suc

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.

If you think that workplace safety and discipline are incompatible, think again.

Although discipline is essential for safety, many employers just aren’t imposing it. For example, a study by the Fisher & Phillips labor law firm found that 56% of large general contractors were unsatisfied with how often supervisors disciplined employees for unsafe actions.

This can create problems for several reasons. Without a record of disciplinary action, you might not be able to demonstrate to OSHA that you’re operating an effective safety program. Failure to discipline safety violations also makes it harder to use the “unpreventable employee misconduct/isolated incident” defense, which argues that an employee acted unsafely, despite your efforts to run an effective program.

Some supervisors fail to discipline unsafe workplace behavior because they fear that imposing discipline will cause trouble for the employer. Others only penalize unsafe behaviors that lead to accidents or injuries, but turn a blind eye to ‘minor violations of safety rules. The Fisher & Phillips survey also found that most companies make little effort to train supervisors on when and how to discipline employees.

The bottom line: disciplining workers for safety violations has a “pro-employee” purpose and should play a key role in keeping your workplace safe by:

• Removing poor performers
• Creating limits for employees
• Improving morale when employees see that management recognizes safe and unsafe behavior
• Limiting potential negligent retention and negligent supervision claims
• Providing the accountability that’s essential for an effective safety program
• Avoiding the appearance of discrimination and unfairness when applied consistently
• Reducing your Workers Compensation premiums

What’s not to like?

Offices are not as safe as many people believe. There are many injuries and illnesses that workers suffer in an office environment. The amount of paper, cloth chairs, and drapes are fire hazards. Wastebaskets or chairs in hallways or walkways in the office cubicle setting are tripping hazards. Wet break room or bathroom floors cause slip and fall accidents leading to an injury. Computer users, just like others who do constant repetitive hand motions often develop carpal tunnel syndrome. In addition, office automation promotes employees sitting at their desks for long stretches of time.

With these and many other situations giving rise to injury or illness, how can an employer of office workers help prevent office work related claims? There are many preventive measures to take for you and your employees.

Ergonomics

Ergonomics is the use of furniture or equipment designed to help workers get the correct range of motion or position while working. For instance, desk workers have chairs that adjust to the proper height, and tilt for worker comfort and good posture.

Computer keyboards slant slightly down, and users have wrist rests for their hands when using a mouse or typing on a keyboard.

Employees who sit all day need breaks to stretch their muscles. Stretching relieves muscle fatigue and a change in position prevents disorders such as carpal tunnel.

Remove or Repair Safety Hazards

Teach employees that desk and file drawers are not left open when not in use. Aisles and walkways must not have chairs, wastebaskets, or any obstacles in them. Use extension cords sparingly and then place them behind furniture next to walls to avoid them, causing workers to trip. A worker who spills something in the break room should immediately wipe the spill up. Employees should report other dangerous conditions to a manager.

Maintenance should insure that lighting works in all walkways and stairwells so that workers see and avoid falling hazards. Loose floor tiles and frayed carpeting need immediate repair — until finished, place floor stanchions that say “caution” around the area of disrepair.

Designate a periodic “inspection” time for employees to look around the work areas and adjacent space for safety hazards.

Management and employees who work together to find hazards before they cause injuries have excellent safety records. Employees are happy, more productive, and feel more loyalty to their employers.

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.

Security cameras in the workplace can help employers stave off fraudulent Workers Compensation claims – as long as the companies using them are careful not to violate employees’ privacy.

CEC Entertainment Inc. (Irving, TX), which operates Chuck E. Cheese’s restaurants, reduced fraudulent Comp and Liability claims significantly after installing surveillance cameras in 2009 and 2010. Says CEC Director of Sales Management Jeff Strege, “We’ve made a number of claims literally vanish once we produce the video footage to show that what the claimant said didn’t really happen.”

Commercial insurance broker Marsh Inc. recommends that such businesses as retailers, manufacturers, transportation companies, and financial institution use cameras to monitor workplace safety and evaluate potential injuries as a way to monitor and validate incidents that could generate costly claims. What’s more, adds Paul Braun of Aon Risk Consulting, employees who know that they’re being taped will be less likely to try claims scams.

Using surveillance video can run afoul of privacy laws that prohibit companies from filming employees inside of restrooms, and require them to post signs informing workers that they’re under video surveillance. In general, says Thomas Martin, CEO of Martin Investigations & Security Services (Lima, OH), “Where your eyes are allowed to see, the cameras are allowed to see.”

Although cameras can’t film all areas of a company, employers should look closely at Workers Comp claims that happen outside the cameras’ view. Notes Martin, “If you have pretty much 75% coverage, and they happen to fall and claim an injury in the other 25%, it becomes very suspicious that (the injury) wasn’t recorded.”

Insurance and security experts generally agree that the cost of installing and maintaining video monitoring systems in the workplace is well worth the investment in discouraging or preventing phony – and costly – Comp claims.

We’d be happy to offer our recommendations on video surveillance security firms that can help meet your needs.