Things you should know

Cell phone users twice as likely to be involved in a crash – study

The AAA Foundation for Traffic Safety compared drivers’ odds of crash involvement when using a cell phone relative to driving without performing any observable secondary tasks. The study found that “visual-manual interaction with cell phones while driving, particularly but not exclusively relative to text messaging, was associated with approximately double the incidence of crash involvement relative to driving without performing any observable secondary tasks.”
Health care environment named top concern in comp – survey

The National Council on Compensation Insurance (NCCI) surveys senior carrier executives in its annual Carrier Executive Pulse. The top challenges that executives identified for 2018 are:

  1. Rising costs, advances, and uncertainty in healthcare
  2. Political, regulatory, legislative, and legal environment
  3. Maintaining profitability both today and tomorrow
  4. The changing workplace and workforce
  5. The future of the workers’ compensation industry
  6. Opioid abuse and medical marijuana

Impact of worker obesity can be managed with prevention, treatment programs: ACOEM

Wellness programs and insurance coverage that includes bariatric surgery can help manage worker obesity and alleviate its economic costs to employers, according to a released guidance statement from the American College of Occupational and Environmental Medicine (ACOEM).
First Edition of NCCI’s court case update

The first edition of NCCI’s Court Case Update provides a look at some of the cases and decisions being monitored by NCCI’s Legal Division, that may impact and shape the future of workers’ compensation.
New guidelines intended to reduce fatigue among EMS workers

The University of Pittsburgh Medical Center and the National Association of State EMS Officials have partnered on a set of guidelines aimed at reducing work-related fatigue among emergency medical services workers.
State News

California

  • Cal/OSHA adopted a new rule to help reduce injuries for hotel housekeepers. The rule will require employers to establish, implement, and maintain an effective written musculoskeletal injury prevention program that addresses hazards specific to housekeeping.
  • The Division of Occupational Safety and Health is moving to create a new safety standard to prevent and handle workplace violence for general industries.
  • The state is drafting workplace safety rules for the burgeoning marijuana industry.

New York

  • State Workers’ Compensation Board is inviting public comment on a proposed Pharmacy Formulary. The comment period expires on February 26, 2018.

North Carolina

  • Industrial Commission recently announced an update in the rules for the workers’ compensation system addressing the opioid crisis. Published January 16, 2018, in Volume 32 Issue 14 of the North Carolina Register, the rules are for the utilization of opioids, related prescriptions, and pain management treatment. A public hearing is scheduled for March 2, 2018 at 2:30 p.m., and the Commission will accept written comments until March 19, 2018.

Pennsylvania

  • The Governor signed a statewide disaster declaration related to the opioid crisis to enhance state response, increase access to treatment, and save lives. It will utilize a command center at the Pennsylvania Emergency Management Agency to track progress and enhance coordination of health and public safety agencies.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

When employers are vicariously liable for employee automobile accidents

Employees are often expected to use their personal vehicles for business related trips. It could be on a regular basis, such as sales, or an occasional drop off to a customer or trip to the bank. While the employee is serving the employer in such a capacity, the principle of vicarious liability applies. Should employees get into an accident and seriously injure someone, damage another car, or injure themselves, the employer can be liable. While the employer does not actually commit the wrong, the company can be held responsible for the actions of the employee.

The employee’s auto insurance will be primary, but the problem arises when the coverage is insufficient. The employer can then be sued by the third party or be required to pay workers’ comp for the injured employee.

To control this exposure, best practices should begin with a written policy, according to two experts at Travelers who were interviewed by EHS Today. “The policy should include expectations regarding the driver’s behavior while driving on company business and require that their motor vehicle record be monitored periodically against an established standard. The policy may also state an expectation that the employee purchase personal auto insurance with certain minimum limits and not allow a business-use exclusion to be attached to the policy.”

The experts emphasize that knowing who is driving on behalf of the company, hiring safe drivers, and focusing on proper employee behavior behind the wheel is critical. The company must walk the talk. If employees read and sign “no cellphone” policies, but continually receive calls from the manager while on the road, the policy is meaningless. According to the National Safety Council, employers have been liable up to $25 million for motor vehicle crashes involving employees using a cell phone while driving.

Additionally, employers should work with employees to ensure they operate vehicles safely, which could include:

  • policies regulating cell phone use and other distractions while employees are driving during work time
  • policies and training regarding safe operation of vehicles
  • information on the limitations of smart technologies and the issues when features are disabled
  • ensuring employees are properly licensed
  • minimum insurance limits
  • monitoring driving records for employees who operate motor vehicles as part of their regular work duties

For Cutting-Edge Strategies on Managing Risks and slashing Insurance Costs visit www.StopBeingFrustrated.com