Author: Alyssa Rass

Productive aging in the workplace

Posted on by Alyssa Rass

Supporting your aging workforce is not only beneficial to employees, but it can ensure a good balance of skills for your workplace.

The concept of “productive aging” is not new. Robert Butler, a Pulitzer Prize-winning author and founding director of the National Institute on Aging , first coined the term in the early 1980s.

The National Institute for Occupational Safety and Health (NIOSH) identifies four key attributes of productive aging:

  • A life-span perspective
  • Comprehensive and integrated strategies
  • Outcomes that recognize the priorities of workers and organizations
  • Work culture that supports age diversity

With age comes ability

Older workers bring several attributes that contribute to an organization’s success. A 2023 article from the Society for Human Resource Management (SHRM) discusses where older workers tend to excel, including:

  • Relationship building
  • Negotiation
  • Leadership
  • Communication skills
  • Loyalty
  • Patience
  • General know-how
  • Strong work ethic
  • Problem-solving skills

Statistics show the need for workers of all ages

The percentage of workers 65 or older has grown by 117% in a span of 20 years, while employment of individuals 75 years or older has likewise increased by 117%, reports the National Institute for Occupational Safety and Health (NIOSH), citing numbers from the U.S. Bureau of Labor Statistics.

The overall number of older people is projected to continue to grow from 2030-2050, as well. Despite fears of that population keeping up with technology, it shouldn’t be a concern, according to Gary A. Officer, president and CEO of the Center for Workforce Inclusion.

“With the rapid advances in artificial intelligence, companies will need established and skilled workers more than ever for the skills that cannot be replaced by AI, such as relationship building, negotiating and leadership,” he told SHRM. “While technology can rapidly accelerate what we can accomplish, it cannot replace a human with years of established soft skills and communication skills.”

At the same time, employers should focus on knowledge transfer with their older workers.

“Leaders should be looking to learn from subject matter experts and work with them to transfer skills to other team members,” said Jody Rogers, SFM Senior Vice President, Human Resources. “It helps organizations figure out what’s important to train on and to identify gaps, therefore departing employees should be looked at as important resources.”

Rogers said step one in this process is to foster an environment in which potential retirees can openly communicate their needs and share their retirement date without fear of retribution. She explained that change has to come from the top down within an organization, with managers and supervisors playing a crucial role.

“At SFM, we have created a culture that encourages employees come to us far in advance of their retirement, often a year or more, to tell us what they’re thinking for their future,” Rogers said. “That’s unheard of and it goes to show that a positive environment with open dialogue benefits everyone.”

Employers should also keep in mind that the population of younger employees with the education and skills to step into those roles is not large enough to fill all the positions currently held by employees with retirement plans in the near future.

The U.S. Chamber of Commerce reports that as of 2023, the U.S. is experiencing a labor shortage of 75%, which means that 3 in 4 employers are unable to find suitable workers.

Rogers suggested organizations focus on hiring and retaining employees at all ages for their skills rather than based on the number of years they may be able to keep that person on staff. She said the quality of work older employees can contribute may make their shorter tenure worth it for an organization. For example, hiring experienced employees could come with benefits like a shorter onboarding and training period.

“If someone wants to come in everyday and work, and they are passionate about their work and highly skilled, why wouldn’t you want to hire them?” Rogers said. “There are also no guarantees a younger employee will stick around any longer than the employee nearing retirement age.”

Tips for supporting aging workers

Rogers shared a few ways employers can help maturing employees keep working while planning for their futures:

  • Be open to providing opportunities for increased income, which may be especially beneficial for those employees looking to add to their retirement funds
  • Allow employees to take on jobs with fewer responsibilities or that are less demanding. This may include transferring them to a different department and modifying their workspace or physical duties
  • Accommodate flexible work schedules and arrangements, including remote and hybrid work
  • Enable employees to reduce hours and shift from full-time to part-time
  • Support employees who are caregivers for loved ones. This duty can cause an employee to miss a day or more of work, sometimes unexpectedly. Being a caregiver can be taxing on the employee emotionally, physically and financially
  • Consider the needs of employees of all ages when choosing benefits for your workforce
  • Encourage employees to participate in succession planning, professional development training and mentoring. Consider offering mentoring options that enable sharing knowledge in both directions because all generations can learn skills from one another

Conclusion

Overall, employers should put an emphasis on developing sustainable strategies for supporting the physical, mental and financial health of an aging workforce. This should encompass safety in the workplace and wellness in general. An added bonus is that these strategies can be beneficial for employees of all ages.

 

Originally published December 2019; updated May 2024.

What employers should know about marijuana safety and impairment policies

Posted on by Alyssa Rass

Laws regarding marijuana continue to expand across the U.S.

Employers may wonder what that means for creating and enforcing safety protocols and policies, especially in light of the recent passage of recreational marijuana laws in Minnesota, Ohio and elsewhere.

At the same time, there are also employment law protections to note in certain states.

Still, despite the legality of recreational marijuana in many states (24, plus Washington, D.C., as of this writing), employers can enforce a drug-free workplace. And the federal government still classifies marijuana as a Schedule I or illegal drug.

Navigating federal and state laws

An employer’s legal safety and impairment policy options may depend on the type of operations they perform, as well as their relationship with the federal government.

“Employers can prohibit use, possession, and impairment from marijuana products during work hours, on work premises, or while operating the company’s vehicle, machinery, or equipment,” said LSH Senior Defense Counsel Aaron Schmidt. “Employers can also take action if failing to do so would violate federal or state law or regulations or cause the loss of federal money or licensing-related benefits.”

Some states are creating employee protections for off-duty use, but they generally don’t apply to safety-sensitive positions or government contractors.

The variation and inconsistency in laws regarding medical and recreational marijuana use in the workplace make it particularly difficult for employers operating in multiple states to establish company-wide policies and practices. Therefore, it’s best for employers to consult an employment law or business attorney in their jurisdiction.

Tips to create and enforce safety programs and policies

The changing legal status of marijuana in the U.S. provides a great opportunity to refresh your safety program and workplace policies.

These four actions are a good starting point:

  • Understand the law
    If a state you operate within has legalized marijuana, whether medical and/or recreational, you must take the time to understand how federal and state laws affect your operation.
  • Revisit job descriptions
    Regularly revisit your job descriptions to see if they are reflecting the current equipment you have, any technologies you’re using and the scope of the jobs that may intersect with a position. Make changes, if needed, to reflect the reality of the workplace so you can hire the best candidates for the job, and then provide the training they need to perform the job safely.
  • Be fair and consistent with all employees
    If you declare your workplace drug-free, you need to apply that standard across the board, taking into consideration legal limitations on any blanket policy.
  • Document violations
    As impairment and legality come into question, the most important thing to come back to is the safety of the workplace. If someone is practicing unsafe behavior, regardless of any drug use, you should act on it. No matter the cause of or legality of the substance causing the impairment, you can address safety concerns, and it’s important that you do. You may need to address that behavior separately from the substance that may be contributing to it.

The growing acceptance of marijuana use in the U.S. has forced lawmakers and employers to address its use and adapt. Seek legal counsel when implementing workplace policies that may impact marijuana users due to the quickly changing legal landscape.

You can find a state-by-state summary with references to governing statutes at nolo.com .

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

 

Originally posted August 2023

Ergonomic and safety tips for remote and hybrid employees

Posted on by Alyssa Rass

With the shift to remote and hybrid work in recent years, many employers are quickly learning how to support employees in their new work environments. As with in-office workers, remote and hybrid employees are subject to cumulative injuries, which are typically a result of poor ergonomics at their workspace.

Common slips, trips and falls are also frequent claims we see from remote and hybrid workers. These types of injuries can be avoided with proper training and preventive measures.

Injury prevention

As an employer, you have the ability to help prevent injuries among your employees, regardless of where they’re working.

“Preventing an injury before it happens really starts with the employer,” said Mike Fetting, SFM Loss Prevention Specialist. “Educating employees on ergonomic best practices, and home office maintenance and safety when they’re working remotely can help reduce the likelihood of injury.”

He recommends encouraging employees to set up their home or remote office spaces with these tips in mind:

Keep your office tidy and free of hazards

  • Organize cords so they’re tied up and tucked away
  • Eliminate clutter, especially in walking paths
  • Clean up spills immediately to avoid slips and falls

Optimize your desk setup for proper ergonomics

  • Sitting desks. Maintain neutral posture at the desk by adjusting your seat so you can keep your feet resting comfortably on the floor or on a footrest. Hips should sit at a 90-to-110-degree angle and your upper arms should rest comfortably at your side, with elbows at a 90-to-100-degree angle. The backrest of your chair should meet your back as you sit up straight and should support the natural curve of your back.
  • Standing desks. Situate the desk height and your body so your upper arms can rest comfortably at your side, with elbows at a 90-to-100-degree angle, and your feet align below your head and hips. Wrists should be held straight, not pressed into the edge of the desk. Wear shoes with insoles or stand on an anti-fatigue mat with beveled edges that sits flat on the floor.

Utilize ergonomic tools and proper placement of office technology

  • Adjustable monitor stands. Center the monitor in front of your keyboard and keep the top of the screen at eye level, or slightly below eye level for those who use bifocals. Use adjustable monitor stands to achieve the correct height for your body. Your monitor should be about an arm’s length away, but move it closer or increase the font if you find yourself leaning forward.
  • Headsets. Go handsfree and eliminate neck issues from cradling a traditional office phone by using an over-the-ear or in-ear headset. Corded or cordless headsets are both better options than a traditional office phone when taking phone calls throughout the day.
  • Adjustable chairs. Make sure the height, seat, arms and back are adjustable so you can set your chair to maintain a neutral position, as described above.
  • Mouse and keyboard cushions. Your wrists should be raised and level when using your mouse and keyboard, and your keyboard should be set flat. Do not rest your wrists on anything while keying. Your hands should project straight out from your forearms, and not bend back at the wrists.
  • Footrests. You may need a footrest to help achieve neutral posture when working at a higher desk. Once you set your chair to the correct height to allow for neutral arm placement, set the footrest below your desk to keep your legs from dangling and take the weight off your thighs.

Individual needs vary

“This guide includes standard practices that most people will find appropriate, but you should find what works for you using these tips as a starting point,” said Fetting. “If you find you prefer to have your knees slightly above your hips, that’s OK. Everyone is different.”

He also suggests that employees change positions at their desks occasionally to reduce the chance of a cumulative injury, which can happen because of repetitive movement or positioning.

“There’s no perfect position that you should remain in 100% of the time,” said Fetting. “Occasionally adjust things, such as raising or lowering your chair or monitors by an inch, to find alternatives that work for you.”

We have more resources to help you educate employees on their role in safety and injury prevention in office settings on our website.

MN Supreme Court decision clarifies the nature and extent of PTSD claims in the state

Posted on by Alyssa Rass

By Aaron Schmidt, Managing Counsel at SFM’s in-house law firm

The Minnesota Supreme Court issued the long-awaited opinion of Chrz v. Mower County and Minn. Counties Intergovernmental Trust on March 8, 2023.

Ryan Chrz was a Deputy Sheriff in Mower County, Minnesota, who had been diagnosed in 2019 with work-related PTSD, major depression and moderate to severe alcohol disorder, after witnessing several traumatic events at work. In May of 2020, he filed a claim petition requesting workers’ compensation benefits.

An independent medical exam of Chrz was requested in December 2020 by his employer and insurer, and that doctor opined that Chrz did not meet the criteria for PTSD under Minn. Stat. Section 176.66, subd. 1.

The following March, he was examined again by his treating doctor, who concluded that his condition had improved. As a result, Chrz’s treating doctor changed his diagnosis from PTSD to “other specified trauma and stress related disorder” caused by work.
The matter went to hearing in June 2021, and the compensation judge found that Chrz had sustained work-related PTSD and awarded him ongoing payment of wage loss. She further held that his treating doctor had diagnosed PTSD from April 2019 through March 2021, but that from March 2021 forward, Chrz no longer had PTSD. However, Chrz had argued that despite a diagnosis change, he remained disabled from a mental illness.

The employer and insurer appealed, and the Workers’ Compensation Court of Appeals (WCCA) reversed the compensation judge’s decision, stating that Chrz was no longer entitled to ongoing benefits because he no longer met the criteria for having a personal injury under Minnesota workers’ compensation law.

Chrz appealed to the Minnesota Supreme Court, which affirmed the WCCA, holding that an employee is not entitled to workers’ compensation benefits under Minn. Stat. Section 176.66, subd. 1, when the employee no longer has a diagnosis of PTSD by a licensed professional using the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders as required by Statute.

This opinion provides clarity in defining the nature and extent of PTSD claims in Minnesota, and a definitive interpretation in limiting the narrow application of Minn. Stat. Section 176.011.

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

Minnesota Supreme Court rules on PTSD presumption

Posted on by Alyssa Rass

By John Hollick, Chief Defense Counsel with SFM’s in-house law firm

The Minnesota Supreme Court addressed the statutory presumption of posttraumatic stress disorder (PTSD) in Juntunen v. Carlton County in December 2022, significantly impacting the criteria for compensability of certain workers’ compensation claims.

Generally, an injured employee has the burden to prove the elements of a workers’ compensation claim, including that the employee has an occupational disease. However, the state’s PTSD presumption under Minnesota Statute Section 176.011, Subdivision 15(d)(e) and effective January 1, 2019, relieves certain employees of at least part of the burden of proving that they suffer from a compensable occupational disease. Law enforcement employees are among the professions specifically included in the presumption.

In this case the employee, Doug Juntunen, worked as a deputy sheriff for Carlton County, during which time he claims he experienced several traumatic events, both professionally and personally. He was diagnosed with PTSD by a licensed psychologist in September 2019. The day after he received his diagnosis, the deputy informed his supervisors and was placed on leave. The employer and insurer later denied liability of Juntunen’s workers’ compensation claim, and the case went to litigation.

At a subsequent hearing, both sides presented differing medical opinions concerning Juntunen’s diagnosis. The treating provider felt that he did qualify for PTSD benefits, while the psychologist brought in by the insurer for an Independent Medical Evaluation (IME) felt that he did not meet all the requirements of PTSD, but rather suffered from severe depression.

The facts revealed that Juntunen had experienced several potentially traumatic experiences during his career, including events both at work and in his personal life. The IME doctor admitted that he was only relying on the employee’s symptoms for 30 days prior to the IME examination, however the compensation judge accepted the IME’s medical opinion and denied the claim for benefits based on a PTSD diagnosis.

The case was appealed, and the Workers’ Compensation Court of Appeals (WCCA) reversed the opinion. In December 2022, the Minnesota Supreme Court affirmed the reversal by the WCCA and awarded benefits for the PTSD diagnosis.

The PTSD presumption in Minnesota Statute 176.011, Subdivision 15(d)(e) states that an employee (1) must be employed in one of the enumerated occupations, (2) be diagnosed with PTSD by a licensed psychiatrist or psychologist, and (3) must not have been diagnosed with PTSD previously.

Once Juntunen offered a diagnosis of PTSD from a licensed psychologist, the PTSD presumption applied. This fact, along with the unchallenged findings of the compensation judge that Juntunen was a deputy sheriff and had no previous PTSD diagnosis, triggers the presumption that Juntunen had a compensable occupational disease.

Interestingly, in the opinion, the Minnesota Supreme Court stated that “ultimately, the PTSD presumption represents a balancing between two competing policies: prompt payment of employee’s medical expenses for PTSD treatment and stewardship of public monies. The legislature determined that employees suffering from PTSD need timely access to medical care, and the PTSD presumption puts the onus on employers to quickly resolve such claims.” As the IME did not evaluate Juntunen until 10 months after he notified Carlton County of his diagnosis, the Minnesota Supreme Court stated, “that is too long to leave employees’ benefits claims unresolved.”

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

Avoiding litigation: ways to prevent disputes that land claims in court

Posted on by Alyssa Rass

Adapted from the “Avoiding Litigated Claims” webinar, available on our website at sfmic.com/webinars.

When an attorney gets involved in a workers’ compensation claim, it can increase claim costs and harm outcomes for everyone involved.

CLARA Analytics found that attorney involvement with workers’ compensation claims led to an average 388% increase in claim costs. Additionally, litigated claims remained open 195% longer than non-litigated claims, and workers stayed disabled longer when they were represented by an attorney, according to the CLARA Analytics study . Higher claim costs can result in higher future workers’ compensation premiums, and longer disability times harm employers and employees alike.

Once an employee is represented by an attorney, they’re no longer able to talk directly with their claims representative, creating a disconnect when managing the claim. The contentiousness can also ruin the relationship between the worker and their employer.

There are situations where litigation is unavoidable, such as when there are complex issues regarding what caused an injury, said SFM Senior Defense Counsel Tom Davern. But many times, there are steps employers can take that can help prevent workers feeling they need legal representation.

Why claims go into litigation

There are a few common reasons why injured workers choose to hire attorneys, according to SFM Claims Specialist Martha Crump:

  • Fear of losing their job. They may be worried that they may not be able to perform their work duties due to the injury, or fear retaliation.
  • Lack of communication. If the employee is off work due to the injury, and no one is reaching out to them, this can make them feel forgotten and leave them with unanswered questions.
  • Pressure from coworkers. If an employee gets pushback or ridicule from coworkers while performing light-duty work, they may feel they need the added protection of a lawyer.
  • Not understanding the workers’ compensation process. For example, the worker might not realize that if a medical treatment isn’t approved right away, that doesn’t mean it is denied.

Common causes of litigated disputes

There are a few common causes at the heart of litigated workers’ compensation claims, according to SFM Defense Counsel Peter Lindquist. Those are:

  • Primary liability issues, such as disputes over whether an injury actually happened, or whether it’s compensable.
  • Medical disputes, such as whether the requested medical treatment is reasonable, whether the injury is a contributing cause, whether the treatment is permitted by statute or whether doctors agree on the recommended treatment.
  • Wage loss disputes, such as whether an employee’s refusal of a full-duty or light-duty job offer is reasonable, whether an ongoing reduction in earning capacity is related to the injury, whether a former employee is diligently job seeking, differing views on the extent of the injury’s impact, or conflicts over the wage rate and benefits due.

Other less common causes of workers’ compensation disputes are rehabilitation services (the nature, extent and cost of these services) and administrative issues, such as failure to file a claim or pay benefits on time.

Strategies to prevent litigation

There are a number of steps that employers can take to prevent the kinds of scenarios that cause workers to seek representation from an attorney.

Before an injury occurs, you can:

  • Implement or review policies and procedures related to work injuries. This includes clarifying how to report work injuries, and who will work with injured employees as they recover.
  • Develop a return-to-work plan. Think about how you will accommodate employees who have work restrictions so you can bring them back to work as soon as they are medically able. SFM provides resources to help you identify possible light-duty jobs.

After an injury occurs, you can:

  • Provide reassurance. Assure injured workers that you will help them get back to work as they recover and provide them with light-duty work if necessary.
  • Stay in contact. Have a designated person reach out to the employee on a regular basis to see how they’re doing and see if they have any questions about their claim or the return-to-work process.
  • Anticipate questions. Encourage the employee to always reach out to their SFM claims adjuster for clarification or questions.
  • Suggest using our online claim portal. Encourage the employee to register for the SFM Claim Connection portal, which will provide them with information on their claim and payments.
  • Maintain policies and expectations. Make sure the employee knows your expectations, such as regular updates if they’re off work.
  • Keep good documentation. Document the facts of the injury, how it was reported, witnesses, and any other details that might be important. Continue documenting any updates as the claim progresses.
  • Accommodate work restrictions. Provide light-duty work that fits the employee’s medical restrictions so they can return to work as soon as medically possible.
  • Take concerns about work restrictions or retaliation seriously. Make sure the employee is following any medical restrictions and promptly investigate any concerns about retaliation. Discourage and stop any ridicule from coworkers over light-duty work.
  • Discuss other options. Provide information on any options that may be available to the employee such as a medical leave, the use of the Family and Medical Leave Act (FMLA) and short-term or long-term disability benefits.
  • Think hard before terminating. If you’re considering termination, think through the possible ramifications before deciding. SFM and your agent can be resources to help you through these types of questions.

“We can’t overemphasize the need to communicate, communicate and communicate,” said Senior Defense Counsel Cheryl Bowsfield.

What if I have a litigated claim?

You can do all the right things, and still find yourself with a litigated claim. In these cases, it’s important to still follow the above steps to maintain a good relationship with the employee and help reach the best outcome possible.

To keep the relationship positive, you can avoid discussing the legal dispute by directing the employee to SFM.

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

Retaliation claims: what they are and best practices to avoid them

Posted on by Alyssa Rass

Most states have laws prohibiting retaliation against an employee for filing a work comp claim. If an employee feels they’ve been wrongfully targeted for exercising their protected right, they may in turn file a retaliation claim.

Some examples of workplace retaliation include:

  • Failing to provide a First Report of Injury Form at the time of injury or telling the employee they can’t seek medical attention for their injury
  • Terminating, laying off, demoting or transferring the employee to a less desirable position
  • Denying the employee overtime, or denying them a promotion or pay increase
  • Reducing the employee’s pay, hours or benefits
  • Giving the employee unjustifiably low performance evaluations
  • Unexpectedly changing the employee’s schedule or work location
  • Intimidating the employee or creating a difficult or unpleasant working environment for them

The cost of termination

It’s important to know that termination of employment does not terminate the work comp claim. Some employers may try to reduce or limit the payable lost-time benefits on a work comp claim by terminating the employee for a reason unrelated to the work injury, however, this idea may ultimately make the claim more costly.

Depending on the circumstances surrounding the termination, temporary total disability and temporary partial disability benefits may still be available to an employee up to the statutory caps on the benefits. Therefore, terminating the employee may cost the employer more in wage-loss benefits compared to actively working with the injured employee to return to work.

Two other examples of benefits an employer could continue to pay after terminating employment are vocational rehabilitation treatments post-injury, and assistance in their search for a new job.

If the employer is found to have terminated the employee in relation to their work comp claim, they may be responsible for paying the employee civil damages, including punitive damages. For example, Minnesota’s work comp state statute 176.82 subd. 2 states that “an employer who, without reasonable cause, refuses to offer continued employment to its employee when employment is available within the employee’s physical limitations shall be liable in a civil action for one year’s wages.”

Insurability of a retaliation claim

Retaliation claims are civil claims made in state district court, and as such are not typically covered under work comp policies. This means you would need to hire your own attorney to defend against the claim.

Tips to avoid a retaliation claim

A work comp claim requires equal cooperation from both the injured employee and the employer, but an employer can take several steps to reduce their likelihood of a retaliation claim. Here are some tips to avoid litigation:

  • Communicate with the injured employee frequently and make sure they know the company cares about their recovery. Maintain a good relationship even if there is a dispute.
  • Include non-retaliation provisions in your company policies and educate employees.
  • Document any reports of harassment or retaliation of the injured employee and investigate them. Communicate your concern to the injured employee and keep them updated on any investigation.
  • Accommodate doctor-prescribed work restrictions.
  • Have a return-to-work plan and make sure to offer light duty job options, when appropriate.
  • Document any performance concerns as they arise, and address them with the employee in an appropriate manner consistent with company employment practices and policies.
  • Consider the possible ramifications before disciplining or terminating an employee.

This is not an exhaustive list. For tips on how to avoid litigation in general, view our Avoiding Litigated Claims webinar on sfmic.com/webinars.

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

Reducing repetitive motion workplace injuries

Posted on by Alyssa Rass

By SFM Loss Prevention Specialist Mike Fetting, CSP, CIEE, CSPHA

The potential for injury from repetitive motion and awkward positions in jobs is widespread across many industries and businesses.

You can greatly reduce the likelihood of these injuries by implementing best practices in workplace ergonomics.

Epicondylitis, tenosynovitis, trigger finger, tendonitis, and carpal tunnel syndrome are all common repetitive motion injuries that can develop over time without correct workplace ergonomics. While these types of injuries can occur in the lower body, they are much more common in the upper body — shoulders, elbows, wrists, hands and fingers.

Force, frequency and awkward position are the three main ergonomic hazards. Repetitive motion (frequency) alone is unlikely to cause an injury. The risk elevates when frequency is accompanied by excessive force, awkward position, or both. Vibration, static postures, contact stress and cold temperatures can also play a role in increasing risk.

There are a variety of benchmarks you can use to determine basic injury potential, but a professional ergonomic evaluation is the most accurate way to assess the risk of injury. Even without a professional evaluation, you can perform you own basic risk evaluation.

Consider the following:

  • Force/intensity of exertion – Is the effort obvious? Is there a change of facial expression? Does a task using the hands require shoulder or trunk involvement?
  • Speed of work – Is the worker visibly rushed or just keeping up?
  • Duration of the cycle – Does the specific body part ever get a break while performing this task?
  • Hours per day – Does the worker perform this same task all day?
  • Awkward position – A neutral position is one in which the upper body is in the handshake position with the elbow at the side. The further away a worker’s body is from that neutral state, the more awkward the position will be, and the higher the propensity for a variety of repetitive motion injuries.

Preventing repetitive motion injury

There are three main tools for reducing the risk of repetitive motion injury: engineering, job rotation and stretching.

Engineering is easily the most powerful intervention. Changes should focus on the main risk factors: force, frequency and awkward position. Examples include changing from pistol grip to inline drivers, tilting the work, adding fixtures to hold the work, adding automation or mechanical assist to the job (or some portion of the process). It is important to work closely with employees and supervisors since changes may cause unforeseen problems. Ask employees to have an open mind and test changes for at least several days.

Once engineering is exhausted, the next most useful tool is reducing exposure through job rotation. Ideally the tasks use very different muscles, but even moderate differences can be helpful. Reducing a specific joint’s use from eight hours per day to two hours per day can cut the risk in half, according to some ergonomic models. One popular method is to change tasks at each break, including lunch. In most places, this means each employee will have three different jobs during the day. Changing tasks every two hours is even better. Some workplaces have high-demand tasks that are rotated after just one half-hour!

Lastly, stretching and flexing to warm up the muscles and get them ready for work can be a valuable addition to a complete ergonomic program. Check out sfmic.com for stretching exercises and workplace ergonomics tips.

The best solutions preserve employee health, increase production, and can even increase your job-candidate pool. Over the long term, fewer injuries often translate into lower workers’ compensation insurance premiums.

How to prevent safety hazards due to impairment

Posted on by Alyssa Rass

Drug and alcohol use and misuse are on the rise:

Most people who misuse drugs or alcohol are employed, according the Substance Abuse and Mental Health Services Administration .

If employees show up to work under the influence, they can create safety hazards for themselves and others, since drug and alcohol use can impair senses, reflexes, memory and judgment.

In addition to creating safety hazards, workers with substance use disorder also miss two more weeks of work annually, and have higher turnover rates on average than other workers, according to the National Safety Council .

What employers can do

As an employer you can establish or update your drug and alcohol program to prevent the safety risks of drug and alcohol use on the job.

A workplace drug and alcohol program typically includes:

  • A clear and communicated handbook policy on intoxication.
  • Pre-employment drug and alcohol testing. When you make a job offer, it’s contingent on passing a screening for drug and alcohol use.
  • Reasonable suspicion testing. This requires training your supervisors to identify the signs and symptoms of impairment, such as slurred speech or stumbling.
  • Post-incident testing. You can set parameters in advance for what level of event will trigger a mandatory drug and alcohol test.
  • An Employee Assistance Program (EAP). If you learn through your drug testing program that an employee is suffering from substance use disorder, your EAP can point them to resources to support their recovery.

What if there is an injury?

You may be wondering, what happens if someone is injured on the job while using drugs or alcohol?

Many states, including Minnesota, have several exceptions to the typical workers’ compensation no-fault system. One exception is the so-called “intoxication defense.” Minnesota’s law, which was first enacted in 1953, states that if the intoxication of the employee is the proximate cause of the injury, then the employer is not liable for workers’ compensation benefits. The burden of proof, however, is on the employer.

Iowa law states that if an injured employee fails the post-injury alcohol and drug tests, they will then carry the burden of proof to show that they were either not intoxicated, or that the intoxication was not the substantial factor in causing the injury.

In Wisconsin, the law states that if the employee is in violation of an employer’s policy regarding alcohol or drug use and that violation causes a work injury, the employee would lose all their rights to workers’ compensation benefits, except medical.

Colorado, which has had medical and recreational marijuana legalization in effect for several years, has one of the tougher laws. It states that if a drug test indicates the presence of a controlled substance, including marijuana, in the employee’s system during working hours, then it is presumed that the employee was intoxicated, and the injury was caused by the intoxication. The employee would then have to rebut this presumption by presenting clear and convincing evidence. Indemnity benefits would be reduced by 50% if the employer prevailed on this defense, but medical benefits would not be affected.

It’s important to report workers’ compensation injuries to SFM in a timely manner, and if intoxication could be an issue in causing the work injury, early investigation and identification of witnesses is important.

An employer should also consult an attorney if they are considering a drug testing program as some states, including Minnesota, have complex drug testing laws.

How SFM’s helping prevent opioid addiction

SFM has a prescription drug clinical review nurse on staff who helps us protect workers from the risk of opioid painkiller addiction.

Opioids are typically recommended for short-term pain relief due to an injury or surgery. Our nurse intervenes in cases when workers are still taking the addictive painkillers three weeks after surgery by sending a letter to their treating physician. Doctors have been cooperative in helping get workers off these drugs before an addiction can develop.

“Opioid addiction can destroy lives and tear families apart,” said Director of Medical Services Ceil Jung. “If we can help free an individual from addiction or prevent one from ever taking root, that’s something we can really feel good about.”

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

Health care worker and patient safety

Posted on by Alyssa Rass

Equipment designed to help health care workers lift and move patients safely doesn’t just benefit the workers.

It can also improve patients’ quality of life.

Wisconsin group home owner Steve Campbell learned this firsthand when he introduced a resident to his new Handicare QuickMove, a device that makes it easy to help patients stand up and move around safely.

“When we first took it out of the box he was laughing and smiling,” Campbell said. “He was just ecstatic.”

The resident previously needed a staff member on each side supporting him anytime he wanted to walk. Now the QuickMove provides support, and he just needs one staff member alongside him as he uses it to stand up and move around. As a result he’s walking more and using more of his own muscles, which is making him stronger, Campbell said.

“It’s basically walking on his own,” Campbell said.

“It’s kind of a two-for-one,” Gruber said. “It was rewarding to see this patient’s life improve significantly while also protecting the staff from the threat of a serious injury.”

Campbell learned about the equipment from SFM Loss Prevention Specialist Carl Gruber, who explained that the equipment could serve two purposes — provide his resident with more independence and protect his staff from injuries caused by manually lifting and supporting the resident.

“It’s kind of a two-for-one,” Gruber said. “It was rewarding to see this patient’s life improve significantly while also protecting the staff from the threat of a serious injury.”

Gruber, who is certified in safe patient handling, trained the staff on how to use the equipment. Campbell said staff members are already seeing the benefits, and he has added peace of mind about the safety of his resident and employees.

Health care workers at significant risk

Statistically, working in health care is more dangerous than both construction and logging. More than half of the health care worker injuries reported to SFM are strains and sprains, and lifting and transferring patients is a common cause.

For more information on safe patient handling, browse our website or talk with your loss prevention representative. SFM has loss prevention representatives certified in safe patient handling working in Wisconsin, Minnesota, Iowa and Nebraska.

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