Things you should know

Covid-19: CDC updates

The CDC's What's New and Updated webpage includes guidance on quarantine recommendations for fully vaccinated persons. "Fully vaccinated" means that at least two weeks have passed since a person has received the second dose of a two-dose vaccine or one dose of a single-dose vaccine. At this time, vaccinated persons should continue to follow current guidance to protect themselves and others, but are not required to quarantine if they meet all of the following criteria:

• Are fully vaccinated (i.e., ≥2 weeks following receipt of the second dose in a 2-dose series, or ≥2 weeks following receipt of one dose of a single-dose vaccine)
• Are within 3 months following receipt of the last dose in the series
• Have remained asymptomatic since the current COVID-19 exposure

New online tool estimates indoor exposure to infectious aerosols

Developed by air quality experts at the National Institute of Standards and Technology, the free tool estimates exposure to potentially infectious aerosols in indoor spaces. Users plug in information about 12 different inputs based on their specific indoor spaces, including the ventilation system, system filters, occupant exposure, and zone geometry, and then run a 24-hour simulation to determine strategies to reduce exposure among occupants.

The tool models the fate of infectious aerosols generated in an indoor environment, such as SARS-CoV-2. The impact of control measures also can be determined. This allows building managers and engineers to identify strategies such as adjusting ventilation rates and using portable air cleaners to reduce exposure. The tool was described in a paper in the American Society of Heating, Refrigerating and Air-Conditioning Engineers' ASHRAE Journal.

NCCI has new classification for Construction Estimators

NCCI has introduced a new classification for Construction Estimators, which goes into effect on your state's regular rate filing date. Estimators are now to be classified in code 8720. This classification is designed to fix a problem with inconsistent classifications - some insurance companies put estimators in outside sales, while others would put them in the relevant construction code. NCCI determined that neither is correct, and consistency could be obtained with the new classification. Anyone whose job it is to visit with clients, take measurements and otherwise spec a construction job will be properly classified into 8720. Many auditors will likely make these changes to 2021 policies when they perform the 2020 audit.

Brain-injury comp claims cost more than double other types of lost-time claims

According to a report by the NCCI, among active claims between 2013 and 2018, 15% of permanent-injury total claims included a traumatic brain injury (TBI). Brain and head injuries, such as TBIs, account for a significant portion of mega claims, representing 17% of mega claims between $3 million and $5 million, and 30% of mega claims above $10 million. In 2018, lost-time TBI claims accounted for almost 5% of reported medical payments on all countrywide lost-time claims even though they represent only 2.5% of those claims, according to the report.

Legalized marijuana tied to fewer comp claims: study

The National Bureau of Economic Research released a study that found legalized marijuana use may be tied to fewer and less-expensive comp claims for workers ages 40 to 62. In states where recreational marijuana is legal, claims declined by 20% for these workers based on data from 2010 to 2018, and paid indemnity fell by about 21%. While this study reveals optimism more research is likely needed to understand how use and misuse of the drug may affect workers' comp systems.

Benefits altered in response to pandemic

For its January 2021 Employee Benefits in a COVID-19 World-Six-Month Update survey report, the nonprofit International Foundation of Employee Benefit Plans (IFEBP) asked U.S. employers about the effects of the COVID-19 pandemic on their employee benefits plans. The results from 527 organizations surveyed last fall showed that more employers are reimbursing work-from-home expenses, adapting their paid-leave policies, offering flexible work schedules, and supporting workers with child and eldercare responsibilities.

Newly revised standard for constructions workers

A newly revised standard from the American Society of Safety Professionals (ASSP) and American National Standards Institute (ANSI) is designed to help employers keep construction workers safe through updated best practices. ANSI/ASSP A10.33-2020, Safety and Health Program Requirements for Multi-Employer Projects, identifies ways organizations can create and manage a safety program in a shared construction project. The standard assists project owners, construction supervisors, contractors, and equipment manufacturers.

FMCSA extends pandemic-related hours-of-service exemptions

The Federal Motor Carrier Safety Administration (FMCSA) says temporary hours-of-service exemptions and other "regulatory relief" will continue for commercial motor vehicle drivers transporting items intended to assist in COVID-19 pandemic relief efforts. Announced Feb. 12, the extension of Emergency Declaration 2020-002, is scheduled to remain in effect through May 31. Drivers making routine commercial deliveries, "including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration," are not covered under the exemption.

State News

California

• Division of Workers Compensation released its final proposed medical-legal fee schedule regulations, which have not been updated since 2006. They involve changing the reimbursement structure for comprehensive, follow-up, and supplemental workers compensation evaluations from an hourly to a flat fee as well as other changes. The final proposed changes will now go to the Office of Administrative Law for approval. If approved, they would take effect April 1.
• The Division of Workers' Compensation announced that it plans to readopt emergency rules, which are scheduled to expire on March 12, that allow remote medical-legal evaluations.

Illinois

• The Workers' Compensation Commission's monthly review calls will continue to be held via the Webex telephone system through March according to a recently released bulletin.

Indiana

• As of 2/19/2021, SF 36097, can be submitted to the Workers' Compensation Board electronically. The form is for employers not required to purchase workers' comp to report that they've elected to secure coverage and also covers corporate officers who opt for voluntary exclusion from comp insurance.

New York

• A bill to establish a registry of workplace fatalities in the construction industry was signed into law Feb. 16. It expands the definition of workers and requires all coroners and medical examiners to report construction industry workplace deaths within 72 hours to New York State's Department of Labor, which is tasked with maintaining the registry. Contractors have 90 days to respond to the DOL's request about the incident and death, including the age, ethnicity, nationality, immigration and union status, and the craft or trade of the worker or face penalties.

Pennsylvania

• The Governor signed into law a bill that will use $145 million from the Workers' Compensation Security Fund to help hospitality employers recover from the COVID-19 pandemic.

Virginia

• S.B. 1275, which unanimously passed in both the Senate and House, amends current statutes that provide rebuttable presumption for eligible first responders who die from or are disabled by hypertension or heart disease to extend to emergency medical services personnel. To be eligible, emergency medical personnel must have completed at least five years of service and meet minimum work hour requirements. It is now under consideration by the Governor.

Wisconsin

• The first COVID-19 bill to pass the Legislature was vetoed by the Governor, who said that the provisions would make it more challenging to mitigate the impact of COVID-19 in Wisconsin.