Category Archives: OSHA

On the Job Injury Costs Rising

Turning back to the original subject of this blog, workers’ comp issues, two articles this week discusses two recent reports that examine the issue of workplace safety.

The first article highlights the fact that despite a drop in the number of workplace injuries, the cost of those injuries and illnesses continues to rise, according to the 2018 Liberty Mutual Workplace Safety Index.

According to the Safety Index, the number of most serious injuries and illnesses fell by 1.5%, yet their cost, including medical and lost-wage payments, rose by 2.9% between the 2017 and 2018 reports.

Total cost of the most disabling work-related injuries was $58.5 billion, with the 10 leading causes accounting for $51.4 billion of the total, the Index reported.

An earlier post in this blog has discussed this issue before.

The top cause of workplace injuries, according to the Index, was overexertion, costing employers $13.7 billion in 2015. Falls on the same level came after that at a cost of $11.2 billion, while falls at a lower level cost another $5.9 billion.

Finally, rounding out the top five causes, were struck by object or equipment at $5.3 billion, and other exertions or bodily reactions at nearly $4.2 billon, the Index reported.

The second article discusses a report issued by the AFL-CIO on making workplaces safer. The report outlines the state of safety and health protections for American workers, and includes state and national information on workplace fatalities, injuries, illnesses, the number and frequency of workplace inspections, penalties, funding, staffing and public employee coverage under OSHA (Occupational Safety and Health Act). It also has information on mine safety and health.

A side note here: On Tuesday, the voters in West Virginia defeated Don Blankenship, the former Chairman and CEO of Massey Energy Company, who was convicted and spent a year in prison for his role in a mine safety disaster, who ran for the Republican nomination for US Senator. Blankenship not only ran a lackluster campaign, but engaged in calling Senate Majority Leader McConnell a few choice names, and attacked his wife and father-in-law because they are Chinese. He chose to use racist language to attack McConnell’s family,

But back to the issue at hand.

In 2016, there were 5,190 workplace deaths due to traumatic injuries, which was an increase over the 4,836 deaths reported in 2015. The rate of fatalities in 2016 also increased from 3.4 per 100,000 in 2015 to 3.6 per 100,000 in 2016.

Since Congress enacted the OSH Act, more than 579,000 workers can claim that their lives have been saved. But the article states that too many workers remain at serious risk of injury, illness or death as a result of chemical plant explosions, major fires, construction collapses, and other preventable tragedies. Add to that, workplace violence is increasing.

Key points to consider:

  • An average of 14 workers die because of job injuries; does not include death from occupational diseases, estimated to be 50,000 – 60,000 each year
  • In 2016, nearly 3.7 million workers across all industries, plus state and local governments, had work-related injuries and illnesses; 2.9 million reported by employers in private industry
  • Due to limitations on current reporting system, true toll is estimated to be two or three times greater, or 7.4 – 11.1 million injuries and illnesses a year
  • Cost of these injuries and illnesses estimated at $250 billion to $360 billion

Key takeaways:

  • During eight years of Obama administration, a strong track record on worker safety and health was achieved. Dedicated pro-worker advocates appointed to lead job safety agencies, increase budget for job safety, stepped up enforcement and strengthened workers’ rights, landmark legislation protecting workers from silica and coal dust issued, long-overdue rules on other serious safety and health hazards, including beryllium and confined space entry in construction industry introduced
  • Opposition by business groups and Republican-led Congress thwarted action on a number of initiatives, but at end of eight years, Obama administration put in place protections, policies, and programs that made jobs safer, reduced injuries and illnesses, and saved workers’ lives

Compare that to what the current anti-worker, pro-business fascist regime in Washington is doing to not only roll back the work of the Obama administration, but to undo all the safeguards and protections workers had fought and died for over the past century.

There is even consideration of looking at the child labor laws. Instead of draining the swamp, the head of this regime has nominated a coal industry executive to head the Mine Safety and Health Administration.

Folks, this gang of corporate criminals wants to make America great again by not moving forward, but by moving backward. They want to take the country back, alright — right back to the 19th century when businesses did whatever they wanted, workers had no rights, and if you got injured or ill on the job, it was too bad. Or maybe it was your fault. That was the verdict in the civil case against the two owners of the Triangle Shirtwaist Company, whose factory went up in flames in March 1911, and led to enactment of workers’ compensation laws and fire codes.

And the sad thing is, there are many business professionals who support and defend this regime and its leader, especially on social media sites like LinkedIn. They are not CEOs or Presidents of companies, although some maybe, albeit small ones. They do have executive titles at the managerial, supervisory or vice presidential levels. They are not informed about the struggles workers endured during the last century to gain those rights and protections. And until the labor movement, and the union leadership regains their rightful place as defenders of those rights, these actions will continue until they are gone forever.

 

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Medical malpractice at Pilgrim’s Pride…the poultry company?

It sounds like malpractice to me. That’s what I’ve been thinking ever since learning how the injuries sustained by poultry workers are treated (and not treated) at the company nursing stations.

Source: Medical malpractice at Pilgrim’s Pride…the poultry company?

Where No One Has Gone Before: Or Will Captain Kirk Save Work Comp?

Tom Lynch, of LynchRyan published an excellent piece today about the bumpy ride workers’ comp has had since 1972, when a commission established by Richard Nixon made 19 recommendations for the improvement and uniformity of state workers’ comp standards.

As the Chairman of the Commission, John Burton suggested, “if we continue to advance at this rate, the 19 essential recommendations will be law throughout the land sometime in the 23rd century.”

“Hailing frequencies, open Captain.”

Tom is not the only one who wrote recently about the vested interests holding back progress and change. David De Paolo last week said the same when he wrote,

“Insurance companies are as much a vendor in either scenario as physicians, bill review companies, utilization review companies, attorneys, vocational counselors, etc. Each and every single one makes a buck off work comp, and each and every one has an interest in maintaining the status quo.”

Do we really have to wait until warp engines and transporters carry us off to far distant planets to have meaningful and substantial reform of workers’ comp that benefits the injured worker and minimizes the abuse by vested interests?

Or do we continue to illogically believe that nothing can change, and that new ideas are stupid and ridiculous and a non-starter? Or do we ignore those in the industry who blog about workers’ comp, but are impeding change by denying the credibility of the individuals presenting new ideas, or the ideas themselves?

These 19 recommendations should be looked at again and implemented, along any other ideas, outside of opt-out to bring injured workers better and less expensive medical care. To do otherwise is illogical.


I am willing to work with any broker, carrier, or employer interested in saving money on expensive surgeries, and to provide the best care for their injured workers or their client’s employees.

Ask me any questions you may have on how to save money on expensive surgeries under workers’ comp.

I am also looking for a partner who shares my vision of global health care for injured workers.

I am also willing to work with any health care provider, medical tourism facilitator or facility to help you take advantage of a market segment treating workers injured on the job. Workers’ compensation is going through dramatic changes, and may one day be folded into general health care. Injured workers needing surgery for compensable injuries will need to seek alternatives that provide quality medical care at lower cost to their employers. Caribbean and Latin America region preferred.

Call me for more information, next steps, or connection strategies at (561) 738-0458 or (561) 603-1685, cell. Email me at: richard_krasner@hotmail.com.

Will accept invitations to speak or attend conferences.

Connect with me on LinkedIn, check out my website, FutureComp Consulting, and follow my blog at: richardkrasner.wordpress.com.

Transforming Workers’ Comp Blog is now viewed all over the world in over 250 countries and political entities. I have published nearly 300 articles, many of them re-published in newsletters and other blogs.

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OSHA To Weigh In On Interim Guidelines for Zika this Spring

Continuing the discussion from my previous posts on the Zika virus, “Will Zika Impact Medical Travel to Latin America?” and “Insurers’ Have Zika on Radar“, Gloria Gonzalez, of Business Insurance.com, has written today that OSHA (Occupational Safety and Health Administration) is aiming to publish interim guidelines on protecting workers from occupation exposure to the virus this spring.

OSHA is the US government’s health and safety watchdog responsible for overseeing workplace accidents and safety.

As I mentioned previously in “Insurers’ Have Zika on Radar”, US insurance companies are monitoring the virus and are educating their members, but have not determined what it will cost the payer community.

OSHA’s involvement signals that the Zika virus is not only a concern in general health care, but for workers’ compensation as well.

In a report this evening on CBS News, there was no evidence that mosquitoes in the US are carrying the virus, but health officials expect that in the Southern US, there will be a spreading of the virus to the domestic mosquito population.

So like the CDC, OSHA is taking the spread of the virus seriously. David Michaels, the assistant secretary of Labor for occupational safety and health, was reported in Gonzalez’ article as saying the following at a meeting of the Federal Advisory Council on Occupational Safety and Health today in Washington:

Coming soon to a federal office near you is the Zika virus, and we’re quite concerned about it.”

Mr. Michaels also added that “there’s growing concern across the federal government. We’ve heard from a bunch of agencies about the Zika virus. We’re developing interim guidelines for protecting workers for you all to see, both for your workers who go overseas [workers’ comp and medical travel is a stupid and ridiculous idea, and a non-starter, eh, Mr. Wilson?] , but also we’re seeing the first cases in the United States, and we have to be prepared for that as well.”

Mr. Michaels also said that agency officials are reviewing a preliminary draft and soliciting feedback from other federal agencies, but that they hope to publish the guidance this spring.

He mentioned that similar guidance was published last year in response to the Ebola outbreak, with requirements and recommendations for protecting workers whose work activities are conducted in environments known or reasonably suspected to be contaminated with the virus.

In an alert published by Ben Huggett of the law firm, Littler, Mendelson P.C., back in late January, under the OSHA Act, employees may refuse to work only where there is an objectively “reasonable belief that there is imminent death or serious injury”.

An employee refusing to work without an objective belief may result in disciplinary action, but Huggett advised employers to take extreme care to avoid such adverse actions due to a refusal to work caused by concerns about Zika.

What does this mean for workers’comp?

It represents another exposure for loss should a worker contract he virus and pass it on to a pregnant woman, who then delivers a microcephaly baby. Or, the infected individual could pass it on to a sexual partner, or to a mosquito, if they are bitten, further spreading the disease.

But it also give us an opportunity to explore the feasibility of implementing medical travel into workers’ comp, because most assuredly, they would most likely be treated where they were infected, and not back in the US. Having a worker treated in a local hospital, say in Brazil, that also caters to medical travel, would prove that medical care in Latin America is not dangerous or primitive.

Such views of the world of medicine outside our shores are no longer valid, and given the ability of diseases to spread rapidly around the world, such views are outdated, no longer apply in a globalized world. It is essential that governments at all levels, and the business community as well, remove all barriers and obstacles to providing the best medical care available, no matter where that happens to be.

To do otherwise is foolish.