Things you should know
DOL proposes significant changes to Davis-Bacon Act
In the most significant overhaul of the Davis-Bacon Act in 40 years, the DOL's proposal would change the methodology used to calculate prevailing wage. DOL proposed replacing the weighted average approach with a return to the "three-step" method that was in effect before 1983. Known as the "30-percent rule" in the absence of a wage rate paid to a majority of workers in a particular classification, a wage rate will be considered prevailing if it is paid to at least 30 percent of such workers.
A second significant change would be to permit DOL to periodically adjust certain non-collectively bargained prevailing DBA rates using the Bureau of Labor Statistics' Employment Cost Index. Most experts believe these changes will lead to a significant increase in costs for contractors.
General Counsel of NLRB opposes policy on mandatory employment meetings
The National Labor Relations Board's (NLRB) general counsel (GC), Jennifer Abruzzo, issued a memo indicating mandatory meetings in which employees are forced to listen to employers urging them to reject union representation are a violation of the National Labor Relations Act. The memorandum does not change the law, but the GC will be looking for a test case in which to convince the NLRB to change its long-established precedent.
Severe alcohol abuse leads to average of 32 missed workdays
A study of 110,000 workers found respondents with severe alcohol use disorder reported missing an average of 32 workdays a year, more than double the number missed by people without the condition reported researchers from the Washington University in St. Louis School of Medicine in JAMA Network Open.
New research on how to prevent serious injuries and fatalities
The Campbell Institute at the National Safety Council (NSC), released a new white paper, Serious Injury and Fatality Prevention: Leading Indicators, Cumulative Risk and Safety Networks that introduces two frameworks to support serious injury and fatality (SIF) prevention efforts - cumulative risk assessment and social network analysis.
NSC releases white paper to help guide employers through digital transformation
In its Work to Zero initiative titled Safety Technology Pilot and Implementation Roadmap: Making Innovation Accessible the NSC highlights innovation challenges and provides a roadmap to assist employers in their safety journey.
Top tech trend in comp is mobile apps
According to a survey by Enlyte Group, mobile apps are expected to have the greatest impact on the workers comp industry in the next decade, followed by telemedicine and artificial intelligence. Communication with injured workers is the step in the claim cycle that will benefit the most from applying new technologies.
Work-related pressure might lead to distracted driving
The Travelers Risk Index results suggest that work-related pressure might lead to distracted driving. Most business managers (86%) expect employees to respond to work-related communications at least sometimes while outside the office during work hours.
Dirty Dozen announced by National COSH
The Dirty Dozen, released in observance of Workers' Memorial Week by The National Council for Occupational Safety and Health, highlights companies that put workers and communities at risk due to unsafe practices. Amazon was cited for the third year, Starbucks for its failure to respond to COVID-19, and Dollar General for workplace violence episodes. For the full list.
State News
California
- The Governing Committee for the Workers' Compensation Insurance Rating Bureau on Wednesday voted to recommend that Insurance Commissioner Ricardo Lara increase the advisory pure premium rate by about 7.6 percent, effective Sept. 1.
Indiana
- Under recent legislation, House Bill 1153, ambulatory surgery centers will be considered medical service facilities effective Jan. 1, 2023. It also provides, effective July 1, that if, "after the occurrence of an accident, compensation is paid for temporary total disability or temporary partial disability, then the two-year limitation period to file an application for adjustment of claim begins to run on the last date for which the compensation was paid." Also, benefits for injuries and disablements will be increased by 3% each year for four years, beginning on July 1, 2023.
Massachusetts
- As a result of a settlement with Attorney General Maura Healey, there will be an average rollback of about 3.5 percent on workers compensation insurance rates set to go into effect July 1.
New York
- The Workers' Compensation Board announced that the maximum weekly benefit rate for compensable lost-time claims will increase 5.9 percent for injuries occurring on or after July 1.
Pennsylvania
- Acting Insurance Commissioner Michael Humphreys approved a 6.25 percent reduction in workers compensation loss costs. Premium savings for an individual employer will vary based on its risk classification, claims experience, and other factors.
Virginia
- Effective July 1, HB 689 amends the state workers' compensation law on employers' duty to furnish medical attention and raises the cost limit for employers. It provides that as long as necessary after an accident, an employer must furnish or cause to be furnished free of charge a physician chosen by the injured employee from a panel of at least three physicians selected by the employer. It also adds the cost of scooters to the list of medical equipment an employer is required to furnish to an employee under certain circumstances under comp law. The limit on the aggregate cost of items and modifications required to be furnished by an employer to an injured employee was raised from $42,000 to $55,000 and will be increased on an annual basis.