Things you should know

Transportation incidents most frequent cause of fatal workplace injuries

According to the BLS, there were 4,764 fatal work injuries recorded in 2020, a 10.7% decrease from 5,333 in 2019 and the lowest annual number since 2013.Transportation incidents remained the most frequent type of fatal event with 1,778 fatal injuries, accounting for 37.3% of all work-related fatalities. Women made up 8.1% of all fatalities but represented 16.3% of workplace homicides in 2020. The share of Hispanic or Latino workers fatally injured on the job continued to grow, increasing to 22.5% (1,072 fatalities) from 20.4% (1,088 fatalities) in 2019, the only race or ethnic group to do so.

COVID-19 claims less costly than non-COVID-related claims

According to a report by California's Workers' Compensation Insurance Rating Bureau (WCIRB) in collaboration with other rating bureaus, COVID-19's Impact on Workers Compensation, claims in workers compensation made up roughly 1/10th of claims and on average were less costly than non-COVID claims in almost every state during the first year of the pandemic.

NGHP User Guide updated by CMS

The CMS updated the NGHP User Guide to include an earlier Total Payment Obligation to Claimant (TPOC) alert into its formal guidance. This is a reminder that if funding is delayed after the settlement date reported in Field 80: TPOC Date, in the Claim Input File Detail Record, RREs should provide the actual or estimated date of the funding determination in Field 82: Funding Delayed Beyond TPOC Start Date.

A WCRI FlashReport on telemedicine

The report, Telemedicine: Patterns of Use and Reimbursement, looked at telemedicine use during the early months of the pandemic in 28 states and found that costs were similar to in-person care. It also noted if the initial evaluation and management is done via telemedicine, there is a much greater chance that follow-up visits will be provided via telemedicine.

New tip sheet to promote healthy sleep among healthcare workers

The American Academy of Sleep Medicine has produced a new tip sheet to promote healthy sleep habits among health care workers.

I-9 relaxed rules extended to April 30, 2022

According to recent ICE guidance, employers can continue to inspect I-9 documents for certain employees working remotely due to COVID-19 restrictions by way of camera or fax.

State News

California

• The Department of Public Health (CDPH) released updated guidance to conform to the new CDC guidelines but adds requirements including testing to end isolation or quarantine at Day 5 and improved masking. The December 30 guidance also addresses the issue of booster shots.
• According to an analysis by the WCIRB, it costs 48 cents to deliver $1 of benefits, which is significantly higher than the 25 cents it costs to deliver the same benefits in the median workers comp systems nationwide. Cost drivers are a high volume of permanent disability claims, a higher proportion of cumulative trauma claims, and longer average claim durations.

Massachusetts

• The Department of Labor is working on developing its plan to cover state and local government employees. OSHA is expected to issue a notice of proposed rulemaking sometime around May and will solicit public comment on "whether or not initial State Plan approval should be granted."

New York

• The whistleblower protection laws have been amended to expand employee protections and limits employers' defenses, and lowers the standard for an employee to claim retaliation. The changes go into effect January 26.
• The U.S. Supreme Court rejected a challenge to the state's refusal to allow religious exemptions to the state's mandate that health care workers be vaccinated against COVID-19.
• The New York City council recently passed Local Law Int. No. 1894-A, amending the City's administrative code to protect employees from unlawful discriminatory bias when automated employment decision tools are used in the hiring and promotion process. Employers have until January 1, 2023 to comply.

Pennsylvania

• Philadelphia's ordinance, titled, "Prohibition on Testing for Marijuana as a Condition for Employment" took effect Jan. 1, 2022.