Things you should know
Joint employer rule rescinded
The DOL announced on July 29 that it will rescind the March 2020 rule on Joint Employer Status under the Fair Labor Standards Act (the "2020 Rule"), effective on September 28, 2021.
Hot weather increases workplace injuries indoors, outdoors
A study by the University of California-Los Angeles examined data from California's workers' compensation system from 2001 to 2018 and state weather data. It found that compensable injuries, not only heat-related but also unrelated incidents, like falling off a ladder or getting your hand caught in a machine, increased 6% to 9% when temperatures were above 90 degrees Fahrenheit compared with days when the temperature is in the 50s or 60s. When the temperature is above 100 degrees, the risk of injuries increased by 10% to 15%, regardless of whether the work was performed inside or outside.
AMA releases updates to impairment rating guidelines
The American Medical Association has released a major update to its impairment rating guidelines, the first since 2008. Effective July 1, it deals mostly with mental and behavioral conditions, including suspected malingering by injured workers.
FMCSA finalizes entry-level driver training rule
The Federal Motor Carrier Safety Administration (FMCSA) has finalized an interim final rule that delayed, by two years, the compliance date for minimum training requirements for entry-level commercial motor vehicle drivers. The compliance date for the ELDT is Feb. 7, 2022.
Hazard alert about vapors from isopropyl alcohol
Vapors from isopropyl alcohol solutions, also known as rubbing alcohol, and disinfecting wipes can irritate workers' eyes, nose, and throat, cause dizziness and headaches, and build up in the air and easily ignite, warns a new hazard alert from the Washington State Department of Labor & Industries.
"Surprise billing" final rule
The Departments of Health and Human Services (HHS), Labor, Treasury, and the Office of Personnel Management issued the first interim final rule with comment period, in what is likely to be a series of rules, aimed at ending surprise medical bills from out-of-network providers. With a focus on billing for emergency services, this places new requirements on hospitals, health systems, ambulatory surgery centers, and other providers as well as commercial payors.
EPA final rule on reporting 50 specified chemicals
The Environmental Protection Agency has issued a final rule that requires anyone who manufactures or imports 50 specified chemicals to report to the agency "certain lists and copies of unpublished health and safety studies" undertaken within the past decade.
Studies
State News
California
- The benchmark rate for workers' compensation insurance will be cut $.05 to $1.41 per $100 of payroll, effective Sept. 1, according to the Insurance Commissioner.
- WCIRB reports comp combined losses fell 9% in 2020. Slip and falls represented the largest percentage of total reported workers' comp losses at 28%, followed by back injuries at 17%, other cumulative injuries at 6%, carpal tunnel and repetitive motion injuries at 5%, and psychiatric and mental stress injuries at 2%.
- Effective August 1, the drug formulary now includes treatments for COVID-19 infections. (Workers' Compensation Division)
Connecticut
- S.B. 660 modifies current state workers' compensation law to allow health care providers treating COVID-19 patients to seek workers' compensation if they suffer from a mental injury that did not arise out of a physical injury.
Indiana
- The Workers' Compensation Board launched a new module allowing attorneys to submit appearances electronically and will stop accepting paper submissions August 30.
Missouri
- SB45 grants three or more political subdivisions the ability to create a Voluntary Firefighter Cancer Benefits Pool that would pay out voluntary contributions to paid and voluntary firefighters who have been diagnosed with cancer.
New York
- The New York Rating Bureau has announced substantial changes to the Experience Rating Plan in New York effective October 1, 2022. The merit rating plan will be discontinued and every business will have a Mod, all NY risks will be based on their NY experience (not NCCI interstate rating), a new method to cap Mods, formula changes, and treatment of excess losses are among the changes. Resources, including a pamphlet and interactive worksheet are available on the website, and webinars are planned for Fall 2021.
- The New York City Department of Buildings has issued stop-work orders at 322 construction sites since June 1 as part of its "zero tolerance" safety inspection sweeps. More than 2,000 of the larger building construction sites have been inspected and more than 1,100 violations for safety and code-noncompliance were issued.
Pennsylvania
- The state Supreme Court ruled that under state law employers must pay workers for the time going through mandatory screenings, even if this takes minimal time, despite a contrary U.S. Supreme Court ruling. Amazon.Com Inc. Achievement Middle Honest Labor Requirements Act (FLSA) and wage and hour litigation Neal Heimbach; Karen Salasky v. Amazon.com, Inc; Amazon.Dedc, LLC; Integrity Staffing Options
Tennessee
- The Bureau of Workers' Compensation adopted a new rule that takes effect Oct. 19 and will give injured workers the option of using telehealth services.
Wisconsin
- The state's approved combined 5.44% decrease in workers 'compensation rates will take effect Oct. 1. Specific industry group decreases include contracting (5.35%), goods and services (6.39%), office and clerical (4.21%), manufacturing (5.53%), and miscellaneous industry (4.12%).