Things you should know
Over half of workers exposed to occupational noise do not wear protection
According to a recent National Institute for Occupational Safety and Health (NIOSH) study nearly half of workers exposed to hazardous occupational noise do not use hearing protection. Hearing protection device (HPD) nonuse is a particular problem in agriculture, forestry, fishing, and hunting (74%) and construction (52%). Researchers also found a link between current smokers and hearing protection nonuse. There was also significantly higher nonuse among female workers and younger (ages 18 -25) workers.
A.M. Best & Co. revises comp outlook to stable
Citing an unexpected "muting" effect the pandemic has had on insurers' balance sheet and operating performance, A.M. Best revised its outlook for the workers' comp segment from negative to stable. Premium levels are returning to pre-pandemic levels, loss ratios are consistent, there is a solid level of risk-adjusted capitalization, lesser fraud, and fewer workplace accidents. However, the possibility of claims latency and the potential long-term health effects of the virus remain concerns, along with regulatory and legislative actions that could affect the ultimate cost of certain claims.
2020 BLS data show drop in injury and illness in private sector, but significant rise in DAFW and respiratory cases
According to the Bureau of Labor Statistics (BLS), workers in private industry experienced an estimated 2.7 million nonfatal injuries and illnesses in 2020, down from 2.8 million the previous year. However, estimated injuries and illnesses that resulted in at least one day of lost work soared by nearly a third amid the COVID-19 pandemic, rising to 1,176,340. There also was a surge in reported illness cases, which more than quadrupled to 544,600 in 2020, and a notable jump in employer-reported respiratory illness cases, which climbed to 428,700 in 2020 from 10,800 the previous year.
Other highlights:
- Total injury and illness cases decreased or stayed the same in all private industry sectors apart from health care and social assistance, which experienced a 40.1% increase.
- Days Away From Work (DAFW) cases for men in private industry increased 7.8% to 577,990 in 2020 from 535,980 in 2019, and DAFW cases for women in private industry increased 68.0% to 585,540 in 2020 from 348,600 in 2019.
- Nursing assistants had the highest number of cases involving DAFWs in 2020, with 96,480, an increase of 68,890 cases (249.7%) from 2019.
- Injured workers 65 or older had a median DAFW of 14, compared with 16 the year before.
NIOSH studies unintentional exposure to opioids among first responders in an Ohio city
NIOSH released two Health Hazard Evaluation (HHE) reports on opioid exposures among first responders. One report addressed the health effects from the occupational exposure and the other report addressed the impact on the mental health when responding to the opioid epidemic.
NIOSH investigators concluded officers did not have or use PPE appropriate for handling unknown powders in an uncontrolled setting and were insufficiently trained on using PPE. While half of the officers involved wore nitrile gloves, none reported wearing respiratory protection, such as an N95 filtering facepiece respirator. Investigators also found some city firefighters reported symptoms consistent with post-traumatic stress disorder, depression, and generalized anxiety.
Return to work toolkit for employers
The Washington State Department of Labor & Industries has produced a Return to Work Toolkit , which is a collection of resources, forms, and best practices to help injured employees return to work as soon as medically possible. The toolkit features tips on what to do before and after an injury, addresses job modifications and pre-job accommodations, and provides examples of 11 different forms. The toolkit also includes a list of employee and owner/manager/supervisor responsibilities during the process and provides templates and samples.
Opioid-related overdose and death epidemic worsens
The American Medical Association updated its issue brief highlighting media and other reports showing increases in drug overdose mortality and other concerns relating to access to evidence-based care for substance use disorders, patients with pain as well as harm reduction service. Every state has reported a spike or increase in overdose deaths or other problems during the COVID pandemic. One prevailing theme is the fact that the epidemic now is driven by illicit fentanyl, fentanyl analogs, methamphetamine, and cocaine, often in combination or in adulterated form.
State News
California
- The Division of Workers' Compensation posted an order updating the lower-back disorder section of the Medical Treatment Utilization Schedule. The order adopts the Feb. 13, 2020, update to the American College of Occupational and Environmental Medicine's "Low Back Disorders Guideline".
- The Commission on Health and Safety and Workers' Compensation (CHSWC) released Worker Protection from Wildfire Smoke: Cal/OSHA Wildfire Smoke Standard 2021, a publication of the School Action for Safety and Health (SASH) program.
Delaware
- The Department of Insurance approved a 21.02% reduction in voluntary market loss costs and a 20.01% cut to residual market rates.
Florida
- The Office of Insurance Regulation announced a final order approving a 4.9% workers compensation rate decrease recommended by the National Council on Compensation Insurance.
Illinois
- Gov. J.B. Pritzker signed SB 1169, which amends the Illinois Health Care Right of Conscience Act to clarify that the act was not intended to apply to COVID-19 requirements. Some employees had used the act to get around COVID-19 vaccine or testing mandates. The amendment gives employers greater authority to impose COVID-19 requirements as a condition of employment.
Minnesota
- The estimated workplace injury and illness rate rose slightly in 2020 to 3.5 recordable cases per 100 full-time equivalent workers, from 3.2 in 2019. The Department of Labor and Industry said the annual Survey of Occupational Injuries and Illnesses found 76,700 workers with recordable claims in 2020, compared to 73,600 the year before. COVID-19 accounted for 41% of all injuries and illnesses, followed by sprains, strains, and tears with 20%, and soreness and pain at 14%.
Missouri
- NCCI and the Department of Commerce and Insurance are recommending a 7.7 percent decrease in workers' compensation insurance loss costs for 2022. This marks the largest overall decrease since 2009. Average rate changes will vary by industry group.
Nebraska
- The Workers' Compensation Court announced the maximum weekly benefit is increasing 7.5% for work-related injuries and illnesses occurring on or after Jan. 1, 2022. A chart showing the history of maximum and minimum weekly benefits is available here.
New Jersey
- The Commissioner of Banking and Insurance approved a 5.3% decrease in rates for policies incepting on or after Jan. 1, which was higher than a 4.9% rate cut recommended by the Compensation Rating and Inspection Bureau. Average rate changes will vary by industry group.
New York
- The Workers' Compensation Board announced that refills and renewals of prescriptions must comply with the formulary when its new business information system launches next year, and it identified forms for requiring reimbursement from the Special Disability Fund. To ensure that treating health care providers and injured workers have adequate notice to prepare for the new compliance date, payers must notify providers of any injured workers they are currently treating with non-formulary medications and notify injured workers who are currently prescribed non-formulary medications by Jan. 5, 2022. More information.
Wisconsin
- The Workers' Compensation Advisory Council will recommend that lawmakers increase the maximum weekly permanent partial disability payment by a cumulative 18.8% over two years. A full list of statutory changes the advisory council approved.
- The Workers' Compensation Division and Division of Hearings and Appeals signed a memorandum of understanding (MOU) outlining how they will handle contested workers' compensation hearings to implement 2015 reforms that transferred adjudicatory functions from one agency to the other. The MOU clarifies what agency will be responsible for which tasks and at what point in time for a pending case. MOU