Author: Patty Busse

Workers’ compensation and home office telecommuting

Posted on by Patty Busse

Have you ever thought about what happens if an employee is injured while taking a coffee break or walking to the restroom?

Courts in most states have ruled that employees who are injured while taking short breaks from work to seek personal comfort can be eligible for workers’ compensation benefits.

This raises the question: What happens when that injury occurs while the employee is working from home?

With more people telecommuting , it’s an issue of growing concern for employers.

That coffee break may be compensable

In a December 2008 case, the Minnesota Workers’ Compensation Court of Appeals confirmed extension of the personal comfort doctrine  to employees working from a home office. The personal comfort doctrine states that an employee can be entitled to benefits for an injury that occurs during work hours, but while the employee is taking care of personal needs.

In the case (Munson v. Wilmar/Interline Brands ) the court awarded benefits to an employee who was injured when descending the stairs to get a cup of coffee while working from his home office.

The employer in the case required the employee to maintain a home office as part of his job as a sales representative. On a Saturday morning, the employee was planning to prepare a month-end sales report. He dialed into the company’s server and prepared the report, but had some technical difficulty sharing the report. The employee decided to take a break, and went downstairs to the kitchen to get a cup of coffee. As he went down the stairs, he slipped and fell on his back, fracturing his T9 vertebrae and requiring surgery. The employer and insurer denied the claim, and denied that the personal comfort doctrine applied to a home office setting.

While the court recognized that determining liability for injuries occurring in home office settings may be difficult, the court examined the specific circumstances of the case presented, and found the injury compensable through application of the personal comfort doctrine. The court noted that the employee was working shortly before he took his break, was performing duties required by the employer, and did not engage in any unreasonably dangerous or risky behavior when he went to get his coffee. The court found it no different than an employee working at the employer’s main facility who takes a coffee break and walks to the break room, sustaining an injury in the process.

Person working from home with coffee cup in hand

The personal comfort doctrine in other states

Case law in most states reflects recognition of the personal comfort doctrine or some similar principle, generally allowing workers to be compensated for injuries that occur on short comfort-related breaks from work. Whether the personal comfort doctrine applies to telecommuters hasn’t yet been tested in all courts. If an employee is injured while taking a brief break during the workday to grab a snack, go to the bathroom, get a cup of coffee, or similar personal convenience tasks — whether at an employer’s corporate office or at the employee’s home office — a court is likely to find the employee eligible for workers’ compensation. These types of cases will be very fact-dependent to determine whether the worker has deviated from his or her employment activities at the time of the injury.

Confirm that telecommuters have a safe working environment

Presumably, injuries suffered while home office employees take breaks to do housework, provide care to children, etc., will not be found compensable. Courts will examine whether the injury arose out of and occurred in the course of employment activities, or instead occurred while performing activities normally performed as a homeowner or household resident.

Because there will not typically be any witnesses to the accident other than the employee, it is paramount that employers allow only the employees whom they trust to work in any unsupervised setting, including a home office. Employers should clearly define any expectations or policies governing the terms and conditions of telecommuting work activities and environments. When accidents do occur, employers should promptly make a detailed investigation of exactly when the accident occurred, what the employee was doing at the time of the injury (as well as before and after the injury), and how the accident happened. 

Additionally, while employers cannot completely eliminate safety hazards in a home office setting, just as they cannot in the traditional employment setting, employers should enforce good risk management practices to ensure that home office workplaces are as safe as possible.

Planning for safe remote work

You can prepare for the safety of your remote workers by creating or reviewing your policies and procedures for remote work:

  • Develop a remote work policy that covers eligibility, safety, equipment and security
  • Have the employee sign a remote work agreement, acknowledging their responsibilities
  • Create a safety checklist or assessment for remote workspaces
  • Require a dedicated workstation in their home
  • Consider equipment and security needs
  • Provide safety training and resources
  • Follow up on a regular basis to ensure safety procedures are being followed

Safety concerns in home offices

As an employer, you can monitor and enforce safety practices at your central office. It becomes more challenging when you don’t control your worker’s environment.

Do all you can to ensure that employees’ working spaces meet minimum criteria for safety. Workers may be more complacent in their own homes, and disregard tripping hazards or poor ergonomics.

A dedicated home workstation is beneficial because, unlike lounging on the couch with a laptop, the workstation can be set up for proper ergonomics. An optimal setup includes:

  • An appropriate chair and desk
  • The computer, keyboard and mouse in the correct positions
  • A telephone, possibly with a headset
  • Proper lighting to reduce eye strain
  • Adequate, accessible storage to eliminate tripping and lifting dangers
  • Awareness about electrical and fire hazards

Frequent travel introduces additional risks, such as those associated with driving and outdoor slips and falls. The employee must remain vigilant about the risks that go along with traveling from location to location.

No matter where your employee is located — whether it’s their home, a coffee shop or a co-working space — be sure they recognize the importance of safety.

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

Workers’ compensation exemptions for Minnesota small business owners and family members

Posted on by Patty Busse

Generally speaking, Minnesota law requires employers to provide workers’ compensation coverage for all employees.

But the law does allow employers to exclude certain types of employees from coverage, such as small business owners and their close relatives.

Following are the types of employees that are exempt from mandatory insurance coverage by Minnesota state law :

  • Sole proprietorships and partnerships:
    Someone operating a business as a sole proprietor isn’t required to get workers’ compensation insurance for his or her spouse, parents or children working in the business, regardless of age or wage rate. However, the business owner would have to provide coverage for any other employees. Similarly, members of a partnership — such as a law firm — don’t have to purchase coverage for themselves. If their spouses, parents or children are employed by the partnership, they’re not required to provide coverage for them either.
  • Executive officers of a closely held corporation:
    A closely held corporation is one in which the capital stock is held by no more than 10 people and has had less than 22,880 hours of payroll in the preceding calendar year (January 1 to December 31). Executive officers of closely held corporations can be excluded from coverage if they are elected or appointed in accordance with the company’s charter or bylaws and they own at least 25 percent of the capital stock of the corporation (exclusive of any stock owned by other family members). If executive officers qualify to be excluded from workers’ compensation coverage, their spouses, parents and children are also excluded if they work in the same business. Relatives within the third degree of kinship — such as uncles, nieces, siblings and grandchildren — can also be excluded, but to do so, the employer must file a written election with the Minnesota Department of Labor and Industry.
  • Managers of limited liability corporations:
    A limited liability company (LLC) has some attributes of a corporation and others of a partnership. If an LLC has 10 or fewer members and has less than 22,880 hours of payroll in the preceding calendar year (January 1 to December 31) managers who own at least a 25 percent membership interest aren’t required to purchase workers’ compensation coverage for themselves. If managers qualify to be excluded from workers’ compensation coverage, their spouses, parents and children are also excluded if they work in the same business. As with executive officers, relatives of a manager within the third degree of kinship can also be excluded, but to do so, the employer must file a written election with the Minnesota Department of Labor and Industry.

Even if state law doesn’t require workers’ compensation coverage for certain individuals, a business can choose to cover them by notifying its workers’ compensation insurer in writing.

If you find that you do need workers’ compensation insurance, you can get a quote through our website.

If you’re considering whether you should get workers’ compensation insurance for yourself or someone who isn’t required to have coverage, check out the small business owners blog post on our WorkersCompEssentials website.

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

Free return-to-work resource provides ideas for light-duty jobs

Posted on by Patty Busse

One of the best ways you can keep your workers’ compensation costs under control is by bringing injured employees back to work as soon as they are medically able.

Even if the employee can’t return to his or her regular job due to medical restrictions, you can bring the employee back to work in a light-duty, modified-duty or transitional role.

Because work injuries are unexpected, you might have trouble thinking of light-duty jobs for your employee to perform. That’s why SFM created a free listing of ideas — broken down by industry — of potential light-duty jobs.

Here are links to the transitional work ideas by industry:

Transitional jobs listed include:

  • Answering phones
  • Completing equipment inspection logs
  • Data entry
  • Greeting customers
  • Filing
  • Shredding documents

Even if the jobs listed don’t quite fit your organization, they might help you think of other ideas.

Research shows that timely return-to-work helps speed recovery and increase the likelihood that injured workers will ultimately work again. That makes it worth the effort to bring employees back, even if at a reduced capacity.

Read more on how return-to-work helps control workers’ compensation costs in our post, why early return-to-work benefits your employees and bottom line.

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

Are employees working overseas covered by work comp?

Posted on by Patty Busse

By Brian Bent, CPCU, ARM

With an increasingly globalized economy, more and more people are traveling overseas for their jobs. But how does overseas travel affect workers’ compensation coverage?

Employees who are working overseas temporarily are generally covered by their employers’ domestic workers’ compensation policies.

The issue is that “temporarily” is not clearly defined in the policy language or by state statute. Because of this, viewpoints differ on what constitutes a temporary work assignment. This is why it’s important to make sure your insurer knows about any foreign business travel your employees are doing.

Additional coverage might still be needed

Even if your employees are covered by your domestic policy, the countries to which they’re traveling might have additional requirements. Depending on where employees are traveling, you may also want to look at additional coverage options such as kidnap and ransom coverage or foreign voluntary workers’ compensation to cover any loss potential that might not be covered fully by your domestic policy.

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

Slip-resistant shoes prevent falls in kitchen environments

Posted on by Patty Busse

It’s easy to see why employees who work in kitchen environments are at risk for slip-and-fall injuries. When you combine fast-moving workers with spills from dishwashing and food preparation, serious injuries can result.

Encourage or require your employees to wear slip-resistant shoes to reduce the risk of injuries. A good pair of slip-resistant shoes will significantly reduce the potential to slip on water, oil or soap. And because they are comfortable, available in many styles and generally no more expensive than non-slip-resistant shoes, there’s really no reason not to use them.

A side-benefit of requiring slip-resistant shoes is the potential to reduce the number of floor mats commonly used in kitchens, resulting in reduced costs and reduced risks related to handling the mats.

Slip-resistant shoe basics

  • High-quality slip-resistant shoes look and feel like other shoes, but they’re built to increase traction through special sole materials and tread design.
  • Look for the statement “slip resistant” (or something similar) stamped onto the sole of the shoe, not just on the box.
  • They are designed to be most effective on liquids and grease. It’s generally advised not to wear the shoes in snow, as it can pack into the soles.
  • Find them at shoesforcrews.com or through local vendors.
  • If you can’t completely eliminate water, soap or grease from your employees’ work environment, slip-resistant footwear is an absolute must for injury prevention.

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

How opioid painkiller use can impact a workers’ compensation claim

Posted on by Patty Busse

Opioid painkiller misuse is now a public health emergency in the United States.

Taking opioid painkillers long term, or in high doses can have a major impact on an injured worker’s recovery and return to work.

“Well-meaning people can fall into this addiction, and into the trap of disability,” said SFM Director of Medical Services Ceil Jung. “The drugs can limit your ability to work, and then you get depressed and it’s a downward spiral.”

Opioid painkiller use tied to delayed return-to-work

Studies have shown that injured workers given high doses of opioid painkillers end up spending significantly more time off work due to their injuries than those who use other types of painkillers or lower dosages.

A 2008 California Workers’ Compensation Institute study cited by The New York Times showed that injured workers receiving high doses of opioid painkillers stayed off work three times longer than those with similar injuries taking lower doses.

A Washington State Department of Labor and Industries study cited by the National Safety Council showed that receiving a one-week supply of opioids, or two or more opioid prescriptions soon after an injury, doubles the risk that a worker will still be off work a year after the injury.

When someone becomes addicted to opioids, they develop a tolerance. This means they need higher and higher doses of the drug to get the same effect. As they take more of the drug, they become more sedated and less able to work.

How opioid painkiller use affects workers’ compensation claim costs

In part because of higher lost wages due to delayed return to work, studies have shown that claim costs for injured workers using opioid painkillers are significantly higher, on average, than those with similar injuries who aren’t using the drugs.

A Johns Hopkins University study cited by Claims Management magazine showed a nine-fold increase in average claim costs associated with long-acting opioids.

Additional claim costs could also include drug addiction and dependency treatment.

Opioid painkiller use could cause workplace safety risks

Opioids can make you less alert and slower to react.

This means employees using opioid painkillers could pose risk to themselves and coworkers if they work in safety-sensitive situations, such as operating heavy machinery, working at height or driving. This could lead to another workers’ compensation claim if an injury occurs.

For more information on opioid painkillers, see our post, Opioids and workers’ compensation: Why employers should care.

For educational and prevention-related resources on prescription drug addiction visit drugabuse.gov .

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

Prevent late-winter slips and falls at the workplace

Posted on by Patty Busse

As winter ends and spring begins, cycles of melting and re-freezing can lead to dangerously slippery conditions.

Warmer days cause snow and ice to melt into pools and puddles, which freeze up again during the cooler nights.

Black ice is especially prevalent this time of year. This thin, nearly invisible coating of ice is caused when temperatures rise above freezing and quickly drop below freezing.

These conditions can put you and your employees at greater risk for slip-and-fall injuries.

How you can prevent slip-and-fall injuries

So, what can you do to prevent a slip-and-fall injury at work during this time of year?

Follow these tips:

  • Monitor the weather and changing conditions so you know what to expect.
  • Shovel and apply ice melt as necessary to keep walking areas clean and dry.
  • Watch for areas where ice tends to form. Remove ice accumulations promptly and apply additional ice melt to prevent buildup.
  • Place high-quality, beveled edge mats in walking areas subject to water or snow accumulation. Change mats regularly to ensure those in place are dry.
  • Make your employees aware of the risk, and ask them to remain cautious whenever walking outside.

Train your employees on fall prevention

There’s a lot your employees can do to avoid slip-and-fall injuries, such as:

  • Wear appropriate winter footwear. 
    Footwear should be well insulated and waterproof, and have a nonslip, thick sole and a wide, low heel. Ice grippers can also improve walking on ice or snow.
  • Use walkways that have been salted or shoveled. 
    Don’t take shortcuts over snow piles or in areas where snow and ice removal isn’t feasible.
  • Test your travel path for slickness.
    Slide your shoe or boot on a path before proceeding.
  • Do the penguin shuffle. 
    Walk flat-footed. Take short steps to maintain your center of balance over your feet. Keep your head up and don’t lean forward. Walk slowly.
  • Step down, not out. 
    When getting out of your car, it’s important to step down, not out. To do this, swing both legs out of the door, place both feet on the ground, flat footed. Grab onto the door frame or steering wheel to support you as you stand up. Use at least three points of contact, two feet and one hand. When stepping down from a curb, step flat footed off the curb to minimize your forward momentum. Don’t allow the leading foot to land heel-first.

Find many free winter slip-and-fall awareness and training resources including posters and videos on our winter slips and falls prevention page.

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

How to prevent eye injuries in the workplace

Posted on by Patty Busse

An estimated 2,000 eye injuries happen every day in workplaces across the United States. According to the Occupational Safety and Health Administration, workplace eye injuries have a yearly cost of $300 million in lost production time, medical expenses and workers’ compensation costs.

What to watch out for

Nearly 70 percent of eye-related accidents result from flying and falling objects or sparks striking the eye. Particles such as dust, cement chips, metal slivers and wood chips can be sent flying following the use of a tool, or else can be blown into the eye by the wind or fall from above a worker.

Other dangers include penetration from sharp objects, such as nails, staples or slivers of wood, and exposure to chemicals.

Before removing eye protection, brush any particles out of your hair and eyebrows that may have gotten trapped while you were performing the job.

It’s also important to maintain your eyewear. Dirt and scratches can reduce vision, cause glare and may not offer full protection.

What eyewear should you use?

There are several kinds of eyewear that offer different protection. Make sure to use eyewear that is appropriate for the job:

  • Side shields are required when there are flying particles
  • Face shields are required when grinding, welding or removing slag
  • Splash goggles or face shields are required when pouring chemicals

Over-the-glasses eye protection is available for workers who wear glasses.

Emergency eyewash stations

All employees should be aware of the location of emergency eyewash stations. If your eyes come into contact with foreign particles or chemicals, immediately use an eyewash station.

To use the eyewash station, active the flow and being to flush the eyes out with water. Use your fingers to keep your eyes open as wide as possible, but only if your hands are clean. If they aren’t, have a co-worker hold your eyes open for you. Roll your eyes as much as possible to remove loose particles or wash chemicals from under the eyelids. Rinse off your face as well.

It will feel uncomfortable, but it’s important to flush the eyes for the recommended amount of time, generally between 15 and 30 minutes. After you finish, notify your supervisor and seek medical attention.

Pay attention to any chemicals you may use while working. The Material Safety Data Sheet will list which chemicals may cause irritation, burns, corneal damage or blindness. Container labels or tags will warn for chemical burns or state that the material is corrosive, caustic or toxic.

While it’s important to know how to use an eyewash station, remember that the best way to prevent damage is to use protective eyewear. Approximately 90 percent of injuries are preventable with the use of proper eye safety.

Fatigue and sleep deprivation in the workplace common, studies find

Posted on by Patty Busse

More than a third of workers in a recent study  got less than the recommended seven hours of sleep a night – and those in certain occupations were more likely to fall short.

In the National Institute for Occupational Health (NIOSH) study , 36.5 percent of workers reported short sleep duration.

This matches the results from Gallup polls on sleep  going back more than 25 years. In polls from 1990 through 2013, Gallup consistently found that 40 percent of Americans get less than seven hours of sleep.

The cost of fatigue

Falling short of the recommendation comes with severe costs to health, safety and the economy. People who experience sleep deprivation may be more at risk for workplace injuries and accidents.

“Short sleep duration has been linked to various negative health outcomes including cardiovascular disease, obesity, and depression, as well as to safety issues related to drowsy driving and injuries,” study author Taylor Shockey said.

Combined with the economic costs (the CDC reports 1.2 million lost working days and up to a $411 billion cost to the economy each year), insufficient shut-eye should concern every employer.

Sleep deprivation by occupation

Workers in some industries and with alternative work schedules are more prone to fatigue or sleep deprivation.

The National Safety Council reports that while more than 43 percent of workers are sleep-deprived, 62 percent of night shift workers experience sleep loss. In the CDC research, industries where shift work is more common were more likely to report a shortage of sleep.

The five occupation groups where short sleep duration is most prevalent were:

  1. Production (42.9%)
  2. Health care support (40.1%)
  3. Health care practitioners and technical (40.0%)
  4. Food preparation and serving-related (39.8%)
  5. Protective service (39.2%)

 

Three recommendations for sleep-deprived workers

Seven hours of sleep is the recommended amount  for adults ages 18-60, based on findings from the American Academy of Sleep Medicine and the Sleep Research Society.

While you can’t control what your employees do at home, you can take steps to encourage them to get enough sleep each night.

  • Build awareness
    At SFM, our safety and wellness committee simply asked employees to record their sleep times for four weeks, with the goal of helping them become more aware of how much (or little) they were typically sleeping. Anyone who participated was entered in a drawing for a prize.
  • Adjust the work environment
    In some cases, working conditions can contribute to employees’ poor sleep habits. Does your company culture encourage employees to be responding to email messages during off hours? Do employees have to take on extra shifts due to low staffing? Even the brightness of the work environment can help.
  • Help employees learn
    Help employees learn how to get better quality sleep by offering educational opportunities like seminars at the office, articles on your intranet or informational email messages. Encourage shift workers to maintain a consistent sleep schedule, even on days off.

See more ways to improve sleep hygiene at the American Academy of Sleep Medicine’s Sleep Education website or from the National Safety Council .

Sleep is often undervalued. Emphasizing the benefits of sleep at your workplace will encourage your employees to go from sleep-deprived to well-rested.

 

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Managing hazardous chemical risks in the workplace

Posted on by Patty Busse

By Lee Wendel, CSP, CSPHA, SFM Loss Prevention Technical Leader

We know you’re busy managing your teams and operations every day. This might include keeping workers safe from exposure to dangerous materials. One area that we know can present consistent challenges is the rigorous compliance standards for proper management of hazardous chemicals in the workplace.

OSHA reports that over 43 million American workers are exposed to hazardous chemicals on the job every year. From a regulatory compliance standpoint, the OSHA Hazard Communication Standard (HazCom) can be difficult to manage without some help. We know that the effort is worth it because some of the injuries that we see from chemical exposure can be life-changing.

One recent example of such an incident came from a school district insured by SFM.

During the summer, an employee was cleaning lockers using a solvent designed to remove graffiti and other marks. The product’s label contained warnings about health hazards, but the employee did not adhere to them. The worker was wearing gloves but did not use the recommended ventilation or respiratory equipment. As a result of the exposure, this individual experienced dizziness, breathing difficulty and a body-wide tingling sensation — ultimately requiring hospitalization via ambulance.

To make such risks more manageable, SFM has identified a vendor that offers valuable tools that facilitate compliance with industrial hygiene standards. Through a partnership with SFM, Velocity EHS has made its MSDSonline product available to our policyholders at a discount.

Their solution includes:

  • Safety Data Sheet compliance
    The solution has an SDS database that is constantly updated, giving you confidence that you always have the most up-to-date information about the chemicals your teams use.
  • Right To Know compliance
    A solution is available that works across multiple platforms, including mobile devices, and provides 24/7 access to critical information.
  • Secondary container labels
    Simplifies the labeling process for each hazardous chemical that is dispensed into smaller containers. Labeling includes all required elements and pictograms including the PPE (Personal Protective Equipment) that must be worn while using the chemical.

If you are interested in learning more about MSDSonline, review the industrial hygiene listings on the safety products and vendors page.

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