Things you should know

Workplace deaths decline

There were 5,283 fatal work injuries recorded in the United States in 2023, a 3.7 percent decrease from the previous year, with deaths among Black workers declining the most at 10.2 percent, according to a recent Bureau of Labor Statistics report. A worker died every 99 minutes from a work-related injury in 2023 compared to 96 minutes in 2022.

Annually since 2011, the construction industry has had the most fatalities with 1,075 in 2023. Falls, slips, and trips accounted for 39.2 percent of all construction fatalities, with construction site transportation incidents accounting for 22.3 percent. Overall, transportation incidents were the most frequent cause of death, accounting for 36.8 percent of all occupational fatalities in 2023. Approximately 30 percent of fatalities in the retail trade sector were homicides.

DOT proposes temporary change to drug testing rule

In May 2023, the DOT approved oral fluid testing for truck drivers and other transportation workers in safety-sensitive positions, but there are currently no certified laboratories to conduct such tests. Under a proposed rule published December 9, DOT would temporarily revise drug testing procedures to require employers to directly observe urine tests "in situations where oral fluid tests are currently required but oral fluid testing is not yet available." The provision will sunset one year after HHS publishes a Federal Register notice that it certified the second oral fluid drug testing laboratory.

WCRI Study: Heat-related illnesses rise dramatically when temperatures exceed 90°F

Heat-Related Illnesses in the Workplace, a new FlashReport from the Workers Compensation Research Institute (WCRI), finds that heat-related illnesses increase by at least sevenfold on days when temperatures exceed 90°F compared with days with temperatures between 75°F and 80°F. Workers younger than 35 and those with less tenure face higher risks and males were three times more likely to suffer an illness than females.

NIOSH study on hearing loss in the construction industry

Construction workers exposed to noise on the job face a higher risk of hearing loss than noise-exposed workers in all other industries according to a recent study by NIOSH. The sub-sectors with the highest occurrence for hearing loss: highway, street, and bridge construction (28 percent); site preparation contractors (26 percent); new single-family housing construction (except operative builders; 25 percent); oil and gas pipeline and related structures construction (25 percent); and other building finishing contractors (25 percent). The report identifies potential hazards and hearing loss prevention solutions.

Starting CPR immediately dramatically increases chances of survival

A study by researchers at Saint Luke's Mid America Heart Institute and the University of Missouri-Kansas City found that people who received bystander CPR within two minutes had an 81 percent better chance of surviving than those who didn't. They also had a 95 percent better chance of surviving without "significant brain damage."

CMS retains the $750 low dollar threshold

The Centers for Medicare and Medicaid Services (CMS) released its 2025 low dollar reporting and recovery thresholds in a new alert. CMS will maintain the $750 threshold for no-fault insurance and workers compensation settlements, where the no-fault insurer or workers compensation entity does not otherwise have ongoing responsibly for medicals.

DOL issues guide on harassment in construction

Preventing harassment in the construction industry is the focus of a new guidance document from the Office of Federal Contract Compliance Programs. Formatted as a series of Q&As, the guide clarifies what constitutes harassment, and offers information and guidelines for federal construction contractors and subcontractors and federally assisted construction contractors.

State News

California

• The Division of Workers' Compensation (DWC) alerted the workers compensation community about occupational cases of bird flu. The state has several poultry flock outbreaks currently and employees who get bird flu on the job are eligible for work comp benefits.
• The Workers' Compensation Insurance Rating Bureau (WCIRB) released a geo study that found despite controlling for regional differences in wages and industry mix, indemnity claim frequency continues to be significantly higher in the Los Angeles basin than the statewide average.

Florida

• Effective January 1, there is a new physician fee schedule. Maximum reimbursement for medical treatment by a physician increased from 110 percent of the reimbursement allowed by Medicare to 175 percent. Surgical procedures increased from 140 percent of the reimbursement allowed by Medicare to 210 percent. The $200 per hour expert witness fee changed to $300 per hour.

Indiana

• The Workers' Compensation Board announced that the total Second Injury Fund assessment is increasing next year after dropping in 2024. The total assessment for 2025 is $9.202 million, up from $7.225 million last year and slightly more than the $9.197 million assessment for 2023.

Missouri

• Workers compensation loss cost rates decreased by an average of 5.3 percent starting Jan. 1, 2025.

Minnesota

• The December 2024 issue of Compact, the quarterly electronic publication of the Department of Labor and Industry's Workers' Compensation Division is available.

New York

• Gov. Kathy Hochul signed legislation that allows all workers, not just first responders, to file claims for mental stress that went into effect January 1. S.B. 6635 and A.B. 5745 prohibit the State Workers' Compensation Board from disallowing mental injury claims on the grounds that workers were not exposed to stress greater than what is typical for a given work environment.
• Gov. Kathy Hochul vetoed a bill that would have increased the threshold for determining whether medical procedures need prior approval from $1000 to $1500.
• The State Department of Labor announced new guidance for employers to protect outdoor workers during extreme cold weather.
• The State Workers' Compensation Board created a new form as part of a change to the process used to update claimants' information. The new Form OC-966,"Claimant Name and Address Form," should be submitted directly to the carrier, third-party administrator, or self-insured employer.

Virginia

• The State Corporation Commission approved an average 12 percent loss cost reduction for workers compensation policies incepting on or after April 1, 2025. The SCC also approved an average 16.8 percent decrease in assigned risk rates.
• In addition to the 16.8 percent decrease in assigned risk rates for industrial classifications, the commission approved average assigned risk rate decreases of 14.3 percent for surface coal mine classifications and 14.9 percent for underground coal mine classifications.