Things you should know

NSC releases white paper on evaluating emerging technologies to reduce ergonomic injuries

Recognizing that employers may not have the access and knowledge to effectively assess and implement the many risk-reducing technologies for ergonomic injuries, the National Safety Council (NSC) released Emerging Technologies for the Prevention of Musculoskeletal Disorders. It assesses the benefits of computer vision, wearable sensors, exoskeletons, autonomous or semi-autonomous materials handling equipment, and extended reality.

CPWR releases resources for aging construction workers

The Center for Construction Research and Training (CPWR) has developed a series of resources to help contractors address the challenges and reap the benefits of having older workers on their team. The resources include a data dashboard, tools for hazard assessment and primary prevention, supportive programs, and legal resources.

EEO-1 report

The 2022 EEO-1 Component 1 data collection opened on Oct. 31, and the deadline for employers to file is Dec. 5. The EEOC has released an updated instructional booklet. More information.

EPA issues final rule on reporting forever chemicals

Published Oct. 11 and set to go into effect Nov. 13, the rule requires manufacturers or importers of more than 1,000 per- and polyfluoroalkyl substances (PFAS), also known as forever chemicals, since 2011 to report certain data. It eliminates an exemption that allowed facilities to avoid reporting information on PFAS when those chemicals were used in small concentrations. Data is due to EPA within 18 months of the rule's effective date.

MSHA issues safety alert on hazardous silica

The Mine Safety and Health Administration (MSHA) is reminding mine operators to safeguard against worker exposure to hazardous silica dust where mobile equipment is used. In a recently published safety alert, MSHA calls on mine operators to control workplace environments to ensure compliance with permissible exposure limits for dust.

Injured employees are self-medicating with cannabis

Most workers who use cannabis to treat work-related injuries and illnesses do so without medical guidance or authorization, according to researchers from the Institute for Work and Health in Canada. Workers appear to be struggling with their recovery, demonstrating higher levels of pain, poor mental health, and sleep difficulties than other workers. Healthcare providers should engage in conversations about the potential benefits and risks associated with the therapeutic use of cannabis.

Special issue on NIOSH's hearing loss prevention research and surveillance

The journal, Seminars in Hearing, has dedicated a special issue to the National Institute for Occupational Safety and Health's (NIOSH) hearing loss prevention efforts. All articles are free to download.

NIOSH guidance to prevent bringing lead pipe hazards home

Workers replacing old water service lines may be exposed to lead piping or lead-contaminated soil and could bring the metal home, a new NIOSH guidance document cautions. The document features tips for employers and workers on how to reduce lead exposure, including work practices, training, hygiene and housekeeping, testing, and personal protective equipment.

Fact sheet on skid steer loaders

Michigan State University has published a fact sheet on preventing work-related deaths and injuries from skid steer loaders.

Trucking industry's top safety concerns

The American Transportation Research Institute (ATRI), the research arm of the American Trucking Associations, surveyed more than 4,000 trucking industry stakeholders, including drivers, motor carriers, suppliers, driver trainers, and law enforcement to compile the annual list of top trucking industry concerns. Top safety issues include a lack of safe places for truckers to park, driver distraction, and driver detention/delay at customer facilities.

State News

California

• LexisNexis has provided a recap of the important 2023 legislative, regulatory, and case law developments in workers' comp.
• Gov. Gavin Newsom signed several work comp related bills. A.B. 336 requires contractors to certify the three highest work comp class codes when renewing their contractor licenses and allows that information to be posted online. S.B. 700 makes it illegal for employers to require information from a job application about prior cannabis use. S.B. 623 postpones until Jan. 1, 2029, the statutory sunsetting of the presumption that PTSD is an occupational condition for some first responders. The bill also expands the PTSD presumption to include firefighters for the State Hospitals, Developmental Services, Veterans Affairs, and Military departments.
• The Governor vetoed other bills that would have expanded presumptions to nurses, psychiatric technicians, and medical and social service specialists working in state departments, state game wardens and park rangers, and San Diego boating safety officers. Also vetoed were S.B.686, which would add greater occupational safety protections for domestic service workers, and SB 731, which would have created a 30-day notice requirement for new return-to-office obligations.
• Employers are reminded that A.B. 2188 becomes effective Jan. 1, 2024. It makes it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment based upon: (1) a person's use of cannabis off the job and away from the workplace, or (2) an employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. Building and construction trades are exempt.

Indiana

• The Workers' Compensation Board announced that assessment factors for the Second Injury Fund will be unchanged from 2023. Assessments will come out in the middle of December, and the first payment will be due by the end of January.

Michigan

• A rule banning pre-employment marijuana testing for many prospective state workers went into effect October 1. Those previously denied positions because of a failed marijuana test will be eligible to reapply for employment. Some safety-sensitive and other state positions are exempt.

Nebraska

• The Workers' Compensation Court adopted amendments to its procedural rules that require the court clerk to electronically send all notices, opinions, court entries and other orders or information distributed by the court. Attorneys are required to register for electronic filing, service, and notice.

Wisconsin

• The Department of Workforce Development launched an educational campaign to try to combat the practice of employers intentionally and illegally classifying employees as independent contractors. The website was also updated to provide more information on misclassification.