Things you should know

Another study finds preponderance of injuries among workers in first year on the job

Workers on the job for less than one year make up about 40 percent of all California workers compensation claims, and employees with less tenure are more than twice as likely to have a claim relative to the statewide average, according to a report, Impacts of Employee Tenure on Workers' Compensation Claim Frequency in California, by the Workers' Compensation Insurance Rating Bureau (WCIRB). Short-tenured workers have lower skills and less awareness of safety practices than more experienced workers and, therefore, are more likely to be involved in work-related injuries.

Psychosocial factors can impede workers' lower-back recovery: WCRI

Psychosocial factors can hamper recovery from lower-back pain and be a stronger cost driver than some catastrophic injuries according to a study, Importance of Psychosocial Factors for Physical Therapy Outcomes from the Workers Compensation Research Institute (WCRI). Psychosocial risk factors include poor recovery expectations after an injury, fear avoidance, poor coping, catastrophizing, and perceived injustice.

The findings determined that workers comp patients had a higher prevalence of psychosocial risk factors than other patient populations, there was a strong association between psychosocial risk factors and a longer duration of functional recovery after physical therapy care, andworkers with elevated psychosocial risk factors had a higher likelihood of "very limited" function at the time of discharge from physical therapy.

2023 EEO-1 filing platform will open on April 30

The U.S. Equal Employment Opportunity Commission (EEOC) announced the 2023 EEO-1 filing platform will open on April 30, with a filings deadline of June 4. Notably, in a lawsuit relating to a Freedom of Information Act (FOIA) request for "Consolidated" EEO-1 Reports from 2016-2020, a federal judge in California recently ruled that EEO-1 Reports are fundamentally not "commercial" information. Therefore, they are not protected from disclosure under "Exemption 4" of the FOIA. The Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) filed an appeal and requested a stay of the disclosure deadline pending the appeal process.

EPA finalizes sweeping changes to the Clean Air Act Risk Management Program

In March, the U.S. Environmental Protection Agency (EPA) announced the Safer Communities by Chemical Accident Prevention Rule, which ushers in several changes to the Clean Air Act Risk Management Program. Effective May 10, the rule requires an estimated 12,000 facilities that use or store hazardous substances to make significant changes to their preexisting RMP compliance plans. While it's likely the new rule will be challenged, affected employers should familiarize themselves with the new requirements.

April is distracted driving month

Whether you manage a fleet of professional drivers or just have workers who commute, it's a good time to remind workers of the dangers of distracted driving. From 2020 to 2022, distracted driving increased by more than 20 percent nationwide according to a Cambridge Mobile Telematics report. Driving is the leading cause of work-related death each year, with nearly 40 percent of deaths on the job occurring on roadways.

Case study: Mitigating working at height risks through computer vision technology

This report summarizes key results and lessons from NSC's Work to Zero, in which Service Center Metals, an aluminum extrusion and billet company, piloted Matroid's advanced computer vision software to mitigate work from height risks.

NIOSH releases guide for hospitals to address mental struggles among workers

The new guide, Impact Wellbeing™ Guide: Taking Action to Improve Healthcare Worker Wellbeing, outlines six steps for hospital leaders to implement organizational-level changes that aim to improve the mental health of workers. The program was pilot-tested among six U.S. hospital systems.

New safety alert for tree care industry

Published by the Massachusetts State Fatality Assessment and Control Evaluation Program, the alert features a case study, tips, and links to additional resources.

Information on union-organizing activities

Fisher Phillips, an international labor and employment law firm representing employers, has launched a new Organizing Activity Map that draws upon publicly available data published by the NLRB to reflect organizing filings searchable by region, state, and date. The data dispels some common myths about industry, size of employer, and geographic hot spots.

State News

Illinois

• While the equal pay provisions of the Illinois Day and Temporary Labor Services Act (IDTLSA) went into effect on April 1, a federal judge has granted a preliminary injunction prohibiting the Department of Labor (IDOL) from enforcing the equivalent-benefits provision of the act. For now, staffing agencies will not be required to pay covered temporary employees the "equivalent benefits" as the client's lowest paid, comparable, directly hired employee, but should monitor future changes.

Minnesota

• The latest edition of COMPACT, a quarterly newsletter published by the Department of Labor and Industry's Workers' Compensation Division, provides worker comp recent news and case information. March 2024 edition

New York

• The New York Department of Consumer and Worker Protection (DCWP) published the "Workers' Bill of Rights" on March 1, 2024. The Workers' Bill of Rights is meant to serve as a comprehensive guide to rights in the workplace in New York City.

North Carolina

• The elected labor commissioner has declined to adopt rules sought by worker and civil rights groups that would have set safety and masking directives in workplaces for future infectious disease outbreaks.

Virginia

• Gov. Glenn Youngkin vetoed a proposed change to the state's workers compensation system that would have made it easier for workers who suffer falls to prove their injuries were work-related.
• The Workers' Compensation Commission is holding its Educational Conference and Exhibition Oct. 8-9 at the Greater Richmond Convention Center. To sign up for future announcements.

Wisconsin

• Gov. Tony Evers approved Assembly Bill 1073, which makes several changes to the state's workers comp system.The law increases the amount of large Uninsured Employer Fund claims requiring reimbursement from workers comp insurers from $1 million to $2 million; it allows lump sum payments for permanent partial disability for unaccrued compensation to be paid in advance voluntarily in some undisputed claims; and it increases the permanent partial disability weekly rate by $8.