Take a “Stand Down” to prevent workplace injury in Ohio.

Take a “Stand Down” to prevent workplace injury in Ohio.

Construction, by its nature, is a dangerous industry. With much of the work happening from elevation, fall hazards are a major concern and fall protection is a must to prevent injuries and deaths.​2015, falls accounted for 350 of the 937 construction fatalities in the United States.* The previous year in Ohio, there were 993 falls from elevation, with 324 of these falls happening in construction.

Falls don’t need to be from great heights to have serious consequences; even short falls from elevation can cause serious injuries. However, proper training and awareness can help prevent injuries and fatal accidents.

Each year, the Occupational Safety and Health Administration (OSHA) looks to raise fall hazard awareness across the country with its National Fall Prevention Stand-Down. This year’s stand-down is happening May 8-12.

At this point, you might be wondering, “What exactly is a stand-down?” A safety stand-down is a voluntary event for employers to speak directly to their workers about workplace safety. Companies can conduct a stand-down event in several ways, including:

  • Short toolbox talks
  • Distributing handouts
  • Screening safety videos
  • Training and demonstrations
  • Meetings and presentations
  • Equipment inspections/audits
 

We strongly urge Ohio employers – especially those in the construction industry – to have a stand-down to discuss fall hazards and fall protection sometime between May 8 and May 12.

BWC can help you plan your stand-down activity. Call 800.644.6292 for assistance. The BWC Library also offers an extensive collection of audiovisual materials related to fall hazards and fall prevention.

* Bureau of Labor Statistics

How to create a company policy to address distracted driving

How to create a company policy to address distracted driving

Each time you send/read a text message or search, or check your email while driving you pose a potential risk for your company. If an employee has a distracted driving-related accident while working (maybe while driving to a client meeting) the employer may be legally accountable for the consequences. This liability may include personal injury or death, property and equipment damage, and legal expenses and fees.

The estimated total annual cost of vehicle crashes resulting from using cell phone use is $43 billion, according to a National Safety Council study. Commercial truck and bus drivers can be fined up to $2,750 for each related offense, and the employer is exposed to penalties of up to $11,000.
Developing a strong distracted driving policy may help protect your company and your employees. A recent survey conducted by Traveler showed that 74% of businesses contacted had a distracted driving policy in place.

Erin Bellott, Senior Vice President and Product Manager for Liberty Mutual Insurance, provides the following three steps for risk managers who want to create a safety culture that prohibits distracted driving:

1.  DESIGN THE POLICY

  • Before using a mobile device, safely pull over to the side of the road or, preferably, into a parking lot or rest area.
  • Let all incoming calls go to voicemail and refrain from reading emails or texts until you’ve arrived.
  • Don’t text, call or email any employee known to be driving.
  • Enforce that the ban on mobile devices while driving applies to all mobile devices, not just company devices.

2.  COMMUNICATE & IMPLEMENT THE POLICY.

  • Require each employee to attend training programs on distracted driving and its causes & consequences.
  • Devise a place, such as an intranet site or even a corkboard, and encourage employees to share their ideas for preventing distracted driving.
  • Reinforce the message periodically. It is not a suggestion; it is a mandate.

3.  ENFORCE THE POLICY.

  • Restate the consequences and penalties for breaching the policy.
  • Conduct internal audits of distracted driving prevention and safety culture.
  • Track circumstances, such as managers calling employees who are driving, which may lead employees to disregard or ignore the policy.
  • Refresh the policy as new practices are discovered.

Supervisors and managers must watch for signs that employees may be overlooking distracted driving policies. Maybe, an increased number of low-severity collisions or incidents while backing up could expose the need for refresher training. Regardless, conducting annual communication campaigns to reinforce the importance of a safety-driven culture is mandatory.

If you’ve been injured in a distracted driving accident, call Tom Marchese, an experienced personal injury attorney, for a free case review.

OSHA’s final rule to ‘nudge’ employers to prevent workplace injuries, illnesses

OSHA’s final rule to ‘nudge’ employers to prevent workplace injuries, illnesses

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration issued a final rule to modernize injury data collection to better inform workers, employers, the public and OSHA about workplace hazards. With this new rule, OSHA is applying the insights of behavioral economics to improve workplace safety and prevent injuries & illnesses.  OSHA requires many employers to keep a record of injuries and illnesses to help these employers and their employees identify hazards, fix problems and prevent additional injuries and illnesses.

 

The Bureau of Labor Statistics reports more than 3,000,000 workers suffer a workplace injury or illness each year. Currently, little or no information about worker injuries and illnesses at individual employers is made public or available to OSHA. Under the new rule, employers in high-hazard industries will send OSHA injury and illness data that the employers are already required to collect, for posting on the agency’s website.

Just as public disclosure of their kitchens’ sanitary conditions encourages restaurant owners to improve food safety, OSHA expects that public disclosure of work injury data will encourage employers to increase their efforts to prevent work-related injuries and illnesses.

“Since high injury rates are a sign of poor management, no employer wants to be seen publicly as operating a dangerous workplace,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Our new reporting requirements will ‘nudge’ employers to prevent worker injuries and illnesses to demonstrate to investors, job seekers, customers and the public that they operate safe and well-managed facilities. Access to injury data will also help OSHA better target our compliance assistance and enforcement resources at establishments where workers are at greatest risk, and enable ‘big data’ researchers to apply their skills to making workplaces safer.”

 

The availability of this data will enable prospective employees to identify workplaces where their risk of injury is lowest; and as result, employers competing to hire the best workers will make injury prevention a higher priority. Access to these data will also enable employers to benchmark their safety and health performance against industry leaders, to improve their own safety programs.

To ensure that the injury data on OSHA logs are accurate and complete, the final rule also promotes an employee’s right to report injuries and illnesses without fear of retaliation, and clarifies that an employer must have a reasonable procedure for reporting work-related injuries that does not discourage employees from reporting. This aspect of the rule targets employer programs and policies that, while nominally promoting safety, have the effect of discouraging workers from reporting injuries and, in turn leading to incomplete or inaccurate records of workplace hazards.

Using data collected under the new rule, OSHA will create the largest publicly available data set on work injuries and illnesses, enabling researchers to better study injury causation, identify new workplace safety hazards before they become widespread and evaluate the effectiveness of injury and illness prevention activities. OSHA will remove all personally identifiable information associated with the data before it is publicly accessible.

Under the new rule, all establishments with 250 or more employees in specific industries covered by the record-keeping regulation must electronically submit to OSHA injury and illness information from OSHA Forms 300, 300A, and 301. Establishments with 20-249 employees in certain industries must electronically submit information from OSHA Form 300A only.

Can Uber Drivers Collect Workers Compensation?

Can Uber Drivers Collect Workers Compensation?

You may recall a news story last year involving a 32 year old Uber driver who was working a late night shift in Los Angeles. When his SUV full of passengers arrived at Hollywood Tower apartments around 2:30am, two of the riders refused to leave his car. They argued and Omar, the Uber driver, said that one of the passengers hit him with a shiny object breaking his jaw and requiring a week of hospitalization.  With thousands of ride-sharing drivers earning income in hundreds of cities across the U.S., Omar is not the only worker to find that driving comes with the a very old risk; on-the-job-injury. In another city, an off-duty Boston cop assaulted his Uber driver, yelled racial slurs and stole his car.

Back in LA, an enraged taxi cab driver stabbed an Uber driver in the face and neck. A San Francisco passenger attacked his Uber driver landing him in the hospital with facial injuries. A Lyft passenger punched his driver and broke his nose. last May.

Two damaged teeth, one surgery and a week-long hospital stay later, Omar, is stuck with sky-high medical bills and limited options. His only source of income is driving for Uber’s high-end Black and SUV platforms. He believes Uber should help pay for some of his bills since he was hurt while on-the-job, earning Uber commission money.

But as an independent contractor, just like almost all workers in the sharing economy, Omar isn’t entitled to workers’ compensation, which is designed to pay for work-related injuries & lost wages. To make matters worse, he did not have personal health insurance, despite Obamacare’s individual mandate.

Unlike employees, independent contractors are mostly free to set their own hours, pick their clients and control other aspects of their work. In exchange, if they get hurt while working, whatever the reason, they’re on their own. Some sharing-economy workers are experienced freelancers, but many may not realize the full stakes of the trade off.

Workers Compensation in the new “Sharing Economy”.

Omar had reason to believe Uber might pay. Many American taxi drivers are independent contractors yet still get workers’ compensation. Taxi drivers have always faced violent work environments (federal stats show they’re 21 to 33 times as likely to be killed as other workers). Though ride-sharing apps eliminate handling cash, others remain: working at night, working alone and with drunk people.

Some companies understand that providing workers’ compensation insurance to independent contractors could make them look like employees, giving fuel to lawsuits. But many attorneys say that it would not be a major factor. Courts still look largely to how a company controls a worker, not to whether it provides insurance.

Workers’ compensation could even protect companies when a worker gets injured. Structured correctly; the company agrees to cover on-the-job injuries, while the worker gives up the right to sue the company, so the damages they can collect are capped. If, for example, Omar or an attorney were able to show that Uber had been negligent by assigning him a known violent passenger, he could sue for an unlimited amount.

But in other ways, workers’ compensation doesn’t make sense for independent contractor workforces. It traditionally covers lost wages, which would be difficult to determine for contractors who set their own hours. What about workers who have income from several platforms but are injured on one and unable to work at all, or people whose on-the-job hours aren’t clear, like Airbnb hosts?  Peers, a sharing-economy marketplace, recently started offering Airbnb insurance that includes lost-wages protection, but it’s clear that standard workers’ comp doesn’t quite fit into a quickly-shifting sharing economy business model. ​ More and more workers will need to get their benefits outside of traditional jobs, said Peers executive director Shelby Clark. He thinks work and benefits will eventually decouple, just like pensions did a generation ago.

 
Is Hearing Loss the Most Common Workplace Injury In the United States?

Is Hearing Loss the Most Common Workplace Injury In the United States?

According to CDC (Centers for Disease Control) statistics, 22,000,000 Americans are exposed to excessive workplace noise each year, making them at risk for permanent hearing loss. Workers in the mining, construction, fracking and manufacturing industries are the most likely to be affected. What may surprise you is that workers who experience only moderate noise levels were most likely to risk hearing loss. This begins to make sense when you consider that workers who are exposed to very high levels of daily noise are much more likely to hear hearing protection.

Fortunately, OSHA (Occupational Safety and Health Administration) mandates employers to notify workers of risks and provide hearing tests to workers exposed to 85 db for eight hours/day. Additionally, OSHA requires employers to provide extensive training programs that help reduce the risk of hearing loss. OSHA regulations stipulate that workers in the construction industry receive the same benefits if they are exposed to 90 decibels for eight hours per day. By comparison, an electric power saw generates 96 decibels of noise.

Can the Department of Labor Help Prevent Workplace Hearing Loss?

The Department of Labor has launched its ‘Hear and Now’ campaign to prevent hearing loss among workers by utilizing training and new technologies. Hear and Now will help utilize real-time detection systems that can alert workers when hearing protection cannot block noise effectively enough to prevent hearing loss. The program will work to design hearing devices that allow workers to hear important messages while drowning out harmful noise. It will also improve training programs for employers and workers.

Ohio workers comp attorney Thomas Marchese will work to help you secure benefits for workplace injuries or disabilities.