Things you should know

Suicide prevention resources for construction contractors

According to the Centers for Disease Control and Prevention (CDC), construction workers are almost four times more likely than the average American to die from suicide and five times as many construction workers die from suicide than from a work-related injury. The Building Trades Employers' Association has created several prevention resources, including a series of toolbox talks, videos, articles, fact sheets, and hard hat stickers.

Survey identifies top strategies for high-performing comp managers

Identifying and addressing behavioral health and mental health issues and providing staff training on empathy and other soft skills are among the performance differentiators for top workers compensation claims management companies, according to the 10th annual survey by Rising Medical Solutions. The survey also found measuring injured worker satisfaction as "a key metric of claims management effectiveness" and employing workflow automation and predictive and prescriptive analytics as a significant differentiator.

Study: Comp patients have worse outcomes from lumbar spine surgery

Two studies in the Journal of Neurosurgery reported that workers' compensation patients undergoing lumbar spinal surgery fare worse after the procedure than other patients. One study found that return-to-work rates and satisfaction were lower for work comp patients compared with non-work comp patients, even though work comp patients were younger and had fewer comorbidities. The other study found that work comp patients were significantly more likely to experience greater pain and residual disability, along with a delayed return to work than non-comp patients.

While the study theorized that the reasons for worse outcomes in the workers' compensation patients could be multifactorial - such as injury severity, socioeconomic factors, and biopsychosocial behavior such as exacerbated illness promoting disability payments - it concluded that identifying the causes for the negative effects on these patients could yield better outcomes.

Study: Sheet metal and HVAC safety intervention and adoption

The study developed a comprehensive list of welding safety interventions to mitigate fumes and nanomaterials and evaluated adoption issues, classified into five categories: general PPE, ventilation equipment, policies and procedures, materials and equipment, and other. Commissioned by The Center for Construction Research and Training (CPWR), researchers from Arizona State University surveyed 124 members of the Sheet Metal and Air Conditioning Contractors National Association and the Mechanical Contractors Association of America and interviewed 23 workers from nonunion firms that have fewer than 10 employees.

Association members cited job/task simplicity and personal preference (or physical discomfort) as the primary reasons for not using PPE whereas the nonunion members cited limited or no PPE provided by employers. Wet slurry vacuum to remove coatings, laser welders, fume extractor guns, third-party occupational studies of employees' health, and third-party welding fume studies were the least common safety measures provided by companies.

Study: SHARPS injuries

NIOSH researchers have published a study of work-related sharps injuries. While it shows that 84 percent are sustained by healthcare workers, injuries are also frequent in four other industries:

• Justice, public order and safety
• Traveler accommodation
• Colleges, universities and professional schools such as junior colleges
• Pharmacies and drug stores

Most of the injuries were sustained by women and among workers younger than 35. A finger was the most common body part injured, followed by a hand and lower arm.

Resources for managing workers with substance use disorder and recovery

• The Office of Federal Contract Compliance Programs has updated its online hub of information and resources on substance use disorder and recovery. Intended for federal workers and contractors, the webpage details the rights of workers and applicants under Section 503 of the Rehabilitation Act of 1973.
• A new toolkit from the Kentucky Injury Prevention and Research Center is intended to help small businesses hire, support, and retain workers recovering from a substance use disorder.

NSC offers resources on the use and effectiveness of naloxone

The National Safety Council (NSC) Respond Ready Workplace program features information on the opioid crisis and the effectiveness of naloxone and offers guidance on how employers and workers can properly administer the medication.

International road check results

More than 59,000 inspections were conducted during the Commercial Vehicle Safety Alliance's (CVSA) 36th annual International Road check in May. CVSA says 19 percent of vehicles and 5.5 percent of drivers were placed out of service. Brake systems accounted for 25.2 percent of the vehicle out-of-service violations, followed by tires (19.3 percent) and defective service brakes (14.1 percent). The top causes of the driver out-of-service violations were hours of service (41.1 percent) and falsified logs (26.4 percent).

New video offers tips for communications tower workers

A new video from the Communication Infrastructure Tower Contractors Association offers tips on fall arrest lanyards.

State News

California

• The legislature approved S.B. 391, which would add state game wardens and park rangers to the list of workers eligible for the presumption that skin cancer arose out of employment. The Governor has until Oct. 14 to act on it.
• SB 731, which makes it unlawful for an employer to require an employee working from home to return to work in person without providing at least 30 days advance notice, was approved by the legislature and is awaiting action by the Governor.
• SB 553, which would require covered employers to adopt a workplace violence prevention program by July 1, 2024, and impose certain recordkeeping and training requirements on employers was signed by the Governor.
• SB 700, which would prohibit employers from asking employees questions about marijuana use and restrict consideration of prior marijuana-related convictions is awaiting action by the Governor.

Minnesota

• Department of Labor and Industry (DLI) announced that benefits will be increasing 3.8 percent, effective Oct. 1, because of an increase in the state's average weekly wage. The maximum weekly benefit is $1,363.74 and the minimum benefit is $272.75. The minimum permanent total disability benefit is increasing to $870 from $837.
• A new DLI report shows that workers' compensation claim rates and benefits continue their long-term downward trajectories. Even when excluding COVID-19-related claims, the denial rate in 2021 (24 percent) set a record.
• Annual updates to workers' compensation fee schedules, maximum fees went into effect October 1.
• Annual updates to vocational rehabilitation maximum fees and independent medical examination (IME) fees are available here.

Nebraska

• The Workers' Compensation Court is holding a public hearing Oct. 12 on proposed rules that would require electronic notice of court actions. For more information.

New York

• Governor Kathy Hochul signed S1161/A2034, which will increase the minimum weekly permanent partial disability and temporary partial disability to $275 in 2024 and $325 in 2025. Starting in 2026, both measures will index the minimum weekly benefit to the state's average weekly wage. The minimum weekly benefit is currently $150.
• Public school districts with at least 20 full-time employees will be required to develop and implement workplace violence prevention programs, under a new state law set to go into effect Jan. 4.
• A captive meeting law took effect when signed on September 6 and prohibits employers from requiring employees to attend employer-sponsored meetings the "primary purpose" of which is to communicate the employer's opinions on religious or political matters, including joining a labor organization.

Virginia

• The Workers' Compensation Commission is holding its annual Educational Conference & Exhibition Oct. 18-19 at the Greater Richmond Convention Center. The conference will also feature the first Medical Fee Schedule Symposium. More information.