Tag: Workers Comp

The California legislature Tuesday gave final approval to a measure designed to better protect employees against workplace violence.

It was not immediately clear what action Gov. Newsom would take on the measure.

Senate Bill 553 would require employers in the state to develop internal workplace violence prevention plans as part of their injury prevention plans under the California Division of Occupational Safety and Health.

The proposal, which sponsors said was prompted by the 2021 fatal shooting of nine employees by a coworker at the Santa Clara Valley Transportation Authority railyard in San Jose, would require employers to include in their violence prevention plans a log of all violent incidents against workers as well as details of post-incident investigations.

It would also require employers to explain to workers how to report workplace violence incidents without fear of retaliation, lay out procedures for responding to violent emergencies, and allow employee representatives to petition for temporary workplace violence restraining orders.

The bill would also accelerate the creation of a Workplace Violence General Industry Draft, which Cal/OSHA has been working on for six years.

Bill sponsor Sen. Dave Cortese said in a statement that the measure represented a “lengthy negotiation and collaboration between business and labor organizations.”

A workers compensation judge correctly denied a penalty petition against an employer in a case involving an injured school bus driver who was involved in a physical altercation with an unruly student, the Commonwealth Court of Pennsylvania ruled Tuesday.

The appellate court determined that penalties against Success America would not be appropriate despite the company admittedly failing to provide a list of panel physicians claimant Eddy Jeantel could choose from for treatment in his comp claim.  

Mr. Jeantel sought comp benefits following the August 2019 incident and was issued a medical-only notice of compensation payable, after which he was told his employer made a medical appointment for him with a particular provider.

Mr. Jeantel argued he should have been able to choose from a panel of doctors, and that this omission warranted penalties against his employer.

The employer argued its error was a technical violation that did not rise to a level warranting penalties.

A comp judge agreed with the company and that decision was upheld by a comp board, but the claimant appealed further, raising the same arguments.

Commonwealth Court said the effect of the employer’s failure was that it was liable for all medical treatment for the work injury, which is the relief that was granted by the comp judge.

Under these circumstances, the court wrote, imposing further penalties was unnecessary since there was no “ill will” on the part of the employer. 

 

 

The U.S. Labor Department proposed a new rule Tuesday designed to better protect temporary farmworkers.

The new rule is designed to enhance protections and prevent abuses against all agriculture workers nationwide.

The rule would offer greater protections against employer retaliation, enhance Occupational Safety and Health Administration enforcement efforts, make foreign labor recruitment more transparent and offer new protections concerning workers who self-advocate for things like better working conditions.

The proposal would also add a seatbelt requirement for vehicles transporting farmworkers long distances to work sites.

The proposed rule will be open for public comment for 60 days. 

 

A recent manslaughter case against the former owner of a Colorado construction company in connection with a trench fatality shows how civil workplace safety citations can occasionally lead to criminal charges. 

Peter Dillon, owner of the now-defunct company, Avon-based A4S LLC, pleaded guilty to manslaughter in August in connection with the death of a worker who was installing a residential sewer line when a trench collapsed. Sentencing is set for November.

The case was referred for prosecution after U.S. Occupational Safety and Health Administration inspectors cited the company for willful violations over trenching safety failures.

The case exemplifies how workplace safety citations can sometimes become criminal matters. The frequency with which this happens, though, is difficult to determine. 

“There is no average number; we evaluate each case on the merits,” an OSHA spokeswoman said.

OSHA said it evaluates each workplace fatality that results in a willful violation citation, and agency lawyers determine whether to make a criminal referral, the spokeswoman said. 

In addition to potential criminal prosecution over Occupational Safety and Health Act willful violation citations, employers can be criminally charged under a separate federal law concerning making false statements to investigators or obstructing justice, she said.

Such criminal cases are “extremely rare,” said Eric Conn, an attorney with Washington-based Conn Maciel Carey LLP, who chairs the firm’s workplace safety group.

Criminal charges could be prosecuted by federal authorities under the Occupational Safety and Health Act or by state authorities, Mr. Conn said. In federal cases, the charges cannot exceed the misdemeanor level, but in state cases felony charges could be brought, he said.

“It doesn’t happen often that there’s a prosecution at the federal or the state level,” Mr. Conn said. “Usually, when you do see a prosecution there’s some other aggravating factor involved in the incident or the investigation by the government.”

Alleen Wilson, Dallas-based senior risk services manager for Safety National Casualty Corp, said, “The willful violation is what can land employers in hot water.”

Citing the Colorado case as well as other recent cases involving employers being charged criminally after worker deaths, she said, “These cases resulted in tragic loss of lives due to companies failing to comply with federal safety standards.”

One of those cases earlier this year involved Helena, Alabama-based ABC Polymer Industries LLC, which pleaded guilty to a willful Occupational Safety and Health Act violation after a worker was killed when pulled into unguarded machinery. The conviction in that case resulted in a fine but no jail time.

Companies should also be aware of the potential effect of these types of cases on insurance, Ms. Wilson said.

“Carriers review a number of activities … when determining whether or not to take on a new risk, and a couple of these include risk control and underwriters reviewing loss history and OSHA violations,” she said. “Some carriers can go back for 10 years.”

The U.S. Occupational Safety and Health Administration on Monday announced a notice of proposed rulemaking regarding the Longshore and Harbor Workers’ Compensation Act.

The rulemaking focuses on the process for assessing civil penalties issued to entities who fail to accurately and timely report injuries of workers who are hurt aboard vessels in U.S. waters.

The Longshore and Harbor Workers’ Compensation Act also provides for survivor benefits to dependents whose loved ones are killed because of a work-related injury.

The proposed change would help “clarify the process, provide individualized failure notices and allow additional opportunities to contest penalties,” OSHA stated in a news release.

The change would also help protect the rights of employers and insurers who challenge penalty determinations before final penalties are set, a move designed to help with transparency and fairness, OSHA stated.

The public comment period for the proposed rulemaking change ends Nov. 13. 

 

RT Specialty, the wholesale broking unit of Chicago-based insurer Ryan Specialty, on Monday named Jim Mitchell president of its national workers compensation practice.

Mr. Mitchell replaces former president of comp Viviane Woodcock, who retired on Aug. 31.

Mr. Mitchell, who joined RT Specialty in 2020, and was most recently executive vice president of the comp program, has leadership experience with designing proprietary comp programs in hard-to-place industries, and his promotion is expected to benefit the insurer’s 10 comp programs, RT Specialty said in a news release.

The insurer’s comp program includes trucking, health care, and restaurants with delivery services.

The insurer said Mr. Mitchell’s deep understanding surrounding the complex and nuanced nature of workers comp will help play a role in expanding its market presence in the sector.

 

 

 

 

 

Pennsylvania lawmakers have filed legislation that would require insurers to disclose when artificial intelligence is used during the utilization review process.

House Bill 1663, filed Thursday, would mandate health insurers disclose to health care providers, covered individuals and the general public when AI algorithms are used, not used or will be used in the insurer’s utilization review process.

Insurance companies would have to submit the AI algorithms and data sets used in the utilization review process to the state Insurance Department for transparency.

Any violation of the requirement would be deemed an unfair method of competition and an unfair deceptive act or practice and could lead to insurer license revocation or even monetary fines.

Utilization review is a process to assess whether a medical treatment service is reasonable and necessary. One area in which it is often deployed is workers compensation.  

The bill was referred to the House Insurance Committee where it awaits action.

 

 

 

U.S. commercial insurance prices increased by 6.1% in the second quarter, up from 5.6% in the first quarter, Willis Towers Watson PLC said in a report released Monday. 

WTW’s latest Commercial Lines Insurance Pricing Survey compared prices on policies underwritten during the second quarter of 2023 to those for the same coverage in the year-earlier period. 

Commercial property saw the largest hike with another double-digit increase in the quarter, higher than in the year-earlier period.  

Commercial auto and excess/umbrella liability also saw near double-digit increases as nearly all lines continued to see higher prices. 

Directors and officers liability and cyber saw price decreases at even greater rates than in the year-earlier quarter, while workers’ compensation maintained its trend of price decreases.

 

 

The U.S. Occupational Safety and Health Administration has cited the owner of a Beachwood, Ohio-based car wash over reports that the company ignored incidents of employees suffering electrical shocks for more than 14 months.

OSHA on Thursday announced it cited Driven Brands Shared Services LLC, which runs the Take 5 Car Wash, for one willful and 12 serious violations and proposed $256,707 after investigators discovered live electrical hazards existed throughout the facility.

Employees suffered repeated electrical shocks, yet it would take the company several weeks to make any repairs after such a report surfaced, OSHA stated.

Inspectors found issues such as rusted electrical boxes with live wires, improperly grounded outlets and improper use of flexible cords, according to OSHA.

OSHA also said inspectors learned that workers were assigned to clean walls with high-pressure water near electrical equipment, including a 480-volt electrical panel that was not rated for wet locations and showed signs of deterioration.

The car wash is a subsidiary of Driven Brands Shared Services, based in Charlotte, North Carolina.  

The company has 15 business days to contest the citation and proposed fines. 

 

The U.S. Occupational Safety and Health Administration has cited a Missouri roofing contractor after an 18-year-old worker died following a 22-foot fall in March.

OSHA said Friday it cited Trenton-based Troyer Constructors LLP, operating as Troyer Roofing & Coatings, for one willful violation, three serious violations and one other-than-serious violation and proposed penalties of $205,369 following the workplace fatality.

The worker fell from the roof of a commercial building where he had been applying sealant. OSHA said that following the incident the company allowed a foreman and another employee to continue working that day without fall protection.

OSHA said Troyer failed to ensure that employees used proper fall protection and failed to train workers on protective equipment. The agency said the company had fall protection equipment available but made its use optional.

Troyer has 15 business days to contest the citation and proposed penalties.