Things you should know

EEOC resumes data collection after COVID-19 delay

After delaying the opening of the 2019 EEO-1 Component 1 and the 2020 EEO-3 and 2020 EEO-5 Data Collections on May 8, 2020, in light of the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (EEOC) announced January 12th that the collections will open in 2021. For more information.

Wellness incentive rule proposed by EEOC, withdrawn for review by Biden administration

On Jan. 7, the EEOC released a set of proposed rules limiting the value of incentives employers may use to encourage employee participation in wellness programs that track employees' health data:

• Proposed rule on wellness programs under the Americans with Disabilities Act (ADA).
• Proposed rule on wellness programs under the Genetic Information Nondiscrimination Act (GINA).

The Biden administration withdrew the proposed regulations from publication until his newly appointed EEOC chair, Charlotte Burrows, reviews and approves the rule. As proposed the rules suggest that an incentive must be very small to preserve the voluntariness of a participatory wellness program.

New tool to help calculate costs of COVID-19 testing

To help employers determine the most feasible means of COVID-19 testing for their workforce, researchers from Massachusetts General Hospital and the Massachusetts Institute of Technology have developed an online calculator.

Updated tool to calculate the cost of workplace substance abuse

The National Safety Council has collaborated with an independent research institution, NORC at the University of Chicago, to update "The Real Cost of Substance Use to Employers" tool, originally developed in 2017 with national nonprofit Shatterproof. This cost calculator provides companies information about the cost of substance use in their workplace based on size of employee base, industry, and state.

ICU staff mental health adversely affected by COVID-19: study

New research from King's College London shows nearly half of Intensive Care Unit (ICU) staff are likely to meet the threshold for PTSD, severe anxiety or problem drinking during the COVID-19 pandemic.

Survey: Nearly one-third of workers will quit if can't continue remote working

In an online survey that addresses the challenges and benefits of remote working, LiveCareer.com found twenty-nine percent of working professionals will quit their job if not allowed to continue working remotely with their current employer, and another 62% of employees will prefer employers that offer telecommuting in the future.

State News

California

• The Division of Workers' Compensation is offering a "walk-through alternative" for a compromise and release, or stipulation with request for award at this time. A list of links for each office is available here.

Minnesota

• The Workers' Compensation Modernization Program (WCMP) is planning an electronic data interchange (EDI) feature release Jan. 28. For details.

Missouri

• Division of Workers' Compensation published an emergency rule decreeing that if a first responder contracts COVID-19, the only evidence needed to show that the contagion was work-related is a statement from the employer.

Nebraska

• Medical fee schedules were updated January 1.

New York

• The Workers' Compensation Board has extended emergency rules that allow the use of telemedicine services in most situations through April 12, 2021.

Virginia

• The Safety and Health Codes Board approved a permanent safety and health standard requiring employers to take steps to protect workers from COVID-19, which updates the temporary standard.