Things you should know

FMCSA gives states 60 days to downgrade licenses of CMV drivers with drug, alcohol violations

State driver's licensing agencies will have 60 days to initiate mandatory downgrades of commercial driver's licenses and commercial learner's permits once notified that a commercial motor vehicle operator has failed a drug or alcohol test, under a Federal Motor Carrier Safety Administration final rule, effective Nov. 8.

NIOSH shares recommendations and resources for combating opioid use in construction

Noting construction workers have the highest rate of overdose-related deaths among all occupations, NIOSH's blog, Addressing the Opioid Overdose Epidemic in Construction: Minimize Work Factors that Cause Injury and Pain, shares resources and offers recommendations for combating the problem.

EEOC back to being a "litigation engine"

Seyfarth Shaw LLP's Workplace Class Action blog reports that following a down year in FY 2020 enforcement activity is back to pre-pandemic levels.

Women and new employees experience more 'Zoom fatigue' when camera is on

While conventional wisdom suggests that cameras enhance engagement in virtual meetings, a new study published in the August issue of the Journal of Applied Psychology suggests otherwise. Female workers and those newer to the company experienced a heightened sense of fatigue, which likely stemmed from pressures related to self-presentation, the researchers hypothesize.

Night shift workers may be at increased risk of developing atrial fibrillation

A recent study led by researchers at Jiao Tong University and Tulane University found night shift workers may be at increased risk of developing atrial fibrillation, an abnormal heart rhythm that can trigger serious health issues, as well as coronary heart disease. The risk was even higher if a worker had worked the night shift for 10 or more years, particularly for women.

The study was published online Aug. 10 in the European Heart Journal.

Studies suggest hearing loss associated with impaired physical function

Adults with hearing loss may be more sedentary and more likely to experience worsening physical function than those without hearing loss, according to three recent NIA-supported studies. The findings, which were reported in JAMA Network Open and the Journals of Gerontology, Series A, suggest that treating hearing loss may be a way to promote healthy aging among older adults.

Occupational heat exposure may increase risk of kidney disease

Workers in physically demanding jobs who are exposed to heat may be more susceptible to developing kidney disease, notes a recent study led by a University of Oregon researcher. Findings support the prevailing notion that heat stress "induces tubular kidney injury, which is worsened by higher core temperatures, dehydration, longer work durations, muscle-damaging exercise and consumption of beverages containing high levels of fructose," the researchers write.

The study was published online in the July 29 journal Regulatory, Integrative and Comparative Physiology, part of the American Journal of Physiology.

State News

California

• The Department of Fair Employment and Housing (DFEH) guidance, for businesses regarding covid-19 safety measures and reasonable accommodations addresses rights and obligations under the Unruh Civil Rights Act.
• Under A.B. 701, employers with 100 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers must disclose production quotas to their workers. In addition, the law bans the use of algorithms that "disrupt basic worker rights such as rest periods, bathroom breaks, or compliance with health and safety laws."
• AB 1511 extends deadlines for policy cancellation notices sent through the mail. Carriers must send notice 10 days or 30 days before canceling a policy, depending on the reason for the cancellation. AB 1511 extends those deadlines by five calendar days if notice is mailed to an address in the state, 10 days if mailed anywhere else in the country, and 20 days if mailed outside the U.S.
• AB 1561 extends the sunset on the exemption from the ABC test for employment status for licensed manicurists and subcontractors in the construction trucking industry. This measure also clarifies the exemption for the relationship between data aggregators and research subjects and specified insurance industry occupations.
• The Division of Workers' Compensation announced that temporary disability benefits will increase 13.5% in 2022 to match an increase in the state's average weekly wage. The maximum temporary total disability rate will increase to $1,539.71 from $1,356.31, while the minimum TTD will increase to $230.95 from $203.44.
• The 2020 audits by the Division of Workers' Compensation found unpaid indemnity benefits on 10.06% of the 2,833 claims that were reviewed. Violations for failure to pay temporary disability benefits or paying late resulted in the largest penalty assessments.

Florida

• Effective October 1, businesses are now required to report earnings of independent contractors making $600 or more per calendar year to the Department of Revenue.

Illinois

• The first federal district court ruling on employment practices liability policy (EPLI) and the biometrics law, Twin City Fire Insurance Co. v. Vonachen Services Inc. et. al, found a policyholder is owed coverage under their EPLI.

Indiana

• The average medical payment for workers' compensation claims with more than seven days of lost time was higher in Indiana than the typical state in a study of 18 states, according to a recent report by the Workers Compensation Research Institute (WCRI).

Minnesota

• In two separate rulings that reverse lower courts, the Supreme Court said workers' compensation payers do not have to reimburse for medical marijuana because the drug remains illegal under federal law. Susan K. Musta v. Mendota Heights Dental Center and Daniel Bierbach v. Digger's Polaris.

New York

• The Office of Cannabis Management (OCM) published a fact sheet on cannabis and the workplace that provides an overview of employers' rights and responsibilities.
• WCRI published the 2021 edition of the workers' compensation system trends report, which is used to track key metrics of system performance.

Wisconsin

• WCRI reports that medical payments per claim were among the highest of the states studied, driven mainly by prices paid for professional (nonhospital) services. Payments to hospitals for common outpatient surgical episodes were also among the highest of the states studied.