A potpourri of important workers comp information

OSHA and NLRB join forces to bolster enforcement

The NLRB and OSHA entered a Memorandum of Understanding (MOU) that focuses on information sharing, coordinated investigations and enforcement, reciprocal training, education, and outreach. The cross-training of the NLRB and OSHA inspectors suggests that each agency will be expanding its scope of inquiry moving forward. While MOUs are not new, for the first time, the agencies' coordinated enforcement applies not only to protections afforded to employees under the Occupational Safety and Health Act (OSH Act) and the National Labor Relations Act (NLRA), but it also applies to the 20-plus whistleblower laws that OSHA is charged with enforcing. The MOU does not require the agencies to notify employers when they share employers' information, so employers should always assume the agencies are sharing their information.

The agencies have also agreed to jointly engage in public-facing outreach efforts, such as social media posts and informational material. Initial outreach includes a fact sheet jointly created by the agencies, Building Safe & Healthy Workplaces by Promoting Worker Voice, which provides guidance on creating safe workplaces and touts the value of unions.

Several labor law firms have warned that this is another indication of a trend in regulatory actions that is blurring the lines between traditional workplace safety and labor and employment laws. They recommend employers:

• Train appropriate management on the relevant aspects of the OSH Act and the NLRA.
• Prepare to navigate inspections implicating both NLRB and OSHA regulations. Review information before it is shared with OSHA and prepare managers and supervisors for OSHA interviews.
• Implement proactive measures to promptly respond to employee workplace safety and retaliation concerns.
• Consult counsel before disciplining any worker who has complained about working conditions.
• Stay abreast of developments in OSHA's proposed Representatives of Employers and Employees regulation. The comment period ended November 13 and, if adopted without changes, it has serious implications for employers.

NLRB delays joint-employer rule to respond to legal challenge

The National Labor Relations Board (NLRB) is delaying implementation of its controversial joint-employer rule to Feb. 26, 2024, from Dec. 26, after the U.S. Chamber of Commerce and other business groups sought rescission of the rule in a federal district court in Texas. In its court filing and statement extending the rule's effective day, the agency said it was doing so, "to facilitate resolution of legal challenges" and that the new standard will only be applied to cases after the rule becomes effective.

NIOSH launches campaign for hospitals to tackle healthcare workers' burnout

A new campaign, Impact Wellbeing, provides hospital leaders with resources to improve workplace policies and practices that reduce burnout, normalize help-seeking, and strengthen professional wellbeing. The campaign resources include:

• NIOSH Worker Well-Being Questionnaire (WellBQ): Understand how your workforce is doing and identify ways to improve healthcare worker wellbeing.
• A toolkit from Dr. Lorna Breen Heroes' Foundation to help remove intrusive mental health questions on hospital credentialing applications and make it safe for staff to seek mental health care.
• Leadership Storytelling Guide: Help hospital leaders talk publicly about getting help for their mental health concerns and encourage staff to do the same, using this guide from the Health Action Alliance.
• Total Worker Health® Strategies: Train front-line supervisors to help their staff balance their work and home responsibilities using supportive supervision.

Working under the sun causes one in three workplace cancer deaths; app can help

Nearly one-third of non-melanoma skin cancer deaths are caused by working under the sun, according to a joint study by the World Health Organization (WHO) and the International Labour Organization (ILO). Non-melanoma skin cancer deaths nearly doubled from 2000 to 2019, underscoring the need for more action to protect workers from hazardous outdoor work in the sunlight.

WHO, ILO, the World Meteorological Organization and the United Nations Environment Programme created the SunSmart Global UV App that outdoor workers can use to estimate their exposure to solar ultraviolet radiation.

Understanding temporary disability benefits in lost-time claims

Most lost time claims involve temporary disability benefits (TD) and a new report from the National Council on Compensation Insurance (NCCI), Workers Compensation Temporary Disability Benefit Duration - A First Look, offers important insights:

• Average duration of TD increases with age, although the rate of increase slows down after 40.
• The longest average duration of TD benefits was 116 days in the Construction and Utilities sector.
• Among the most common injuries seen in workers compensation, shoulder claims have the longest average duration (123 days).

The report examines worker and injury characteristics, including age, economic sector, body system, and medical condition, and provides industry benchmarks. While the authors conclude clear differences exist in average duration by state, age, body system, and medical condition, they note this is the first report in a series. The next report will incorporate statistical modeling techniques, which can estimate the effects of an injured worker's characteristics on TD benefit duration.

Report warns of potential respiratory health hazards in the marijuana industry

Following the first known death attributed to occupational asthma in the U.S. of a flower production technician at an indoor cannabis cultivation and processing facility in Massachusetts, the Massachusetts Department of Public Health (DPH) and NIOSH issued reports. The DPW report outlines steps the industry should take to prevent work-related asthma. These include providing personal protective equipment, procedures to reduce airborne dust, and medical surveillance by a provider with expertise in allergies and asthma. The NIOSH report discusses the details of the death and discusses a cannabis production facility in Washington where 13 of 31 employees had similar symptoms.

Study: relationship of comorbidities to lower back pain

The Workers Compensation Research Institute (WCRI) study, Comorbidities and Recovery after Physical Therapy for Low Back Pain, assesses the association between self-reported comorbidities and functional improvements and identifies other important predictors of physical therapy outcomes. It aims to help identify which low back pain cases are more likely to have poor outcomes and potentially adapt treatments for workers with high-risk comorbidities.

The study found that comorbidities such as sleep dysfunction, severe obesity, and kidney disease were more strongly associated with smaller functional improvements and that the timeliness of physical therapy services for workers suffering from lower back issues correlated with improved functional outcomes. Mental health comorbidities were more prevalent in chronic low back comp claims than workers suffering from acute back pain.

NCCI releases report on financial health of industry

The 2023 Workers Compensation Financial Results Update shows that solid financials, including premium growth and further underwriting gains, made 2022 another positive year for the Workers' Compensation industry. The comp combined ratio for 2022 was 84 percent, marking the sixth consecutive year under 90 percent, and the operating gain was 24.6 percent. Private carrier net written premium (NWP) increased from 2021 by 11.3% to $42.5 billion."The current period of consecutive underwriting gains is unprecedented in terms of both duration and magnitude, resulting in a prolonged soft market atypical of the underwriting cycle," the report states.

While still early and subject to revision, preliminary analysis through the second quarter of 2023 suggests that the countrywide WC Calendar Year 2023 private carrier combined ratio will be very similar to 2022.