Employers Report Drop in Nonfatal Injury Cases for 2023

Employers Report Drop in Nonfatal Injury Cases for 2023

Texas private industry employers reported 175,900 total recordable nonfatal injury cases for 2023, down from 178,800 in 2022, according to the most recent data from the Texas Department of Insurance, Division of Workers’ Compensation.

This represents an incidence rate of 1.8 cases per 100 full-time equivalent (FTE) workers in Texas, the lowest rate in 10 years. That compares to an incidence rate of 1.9 cases per 100,000 FTE in 2022.

Nationally, private industry employers reported 2.6 million nonfatal workplace injuries and illnesses in 2023, down from nearly 2.8 million nonfatal injuries and illnesses in 2022, according to the most recent statistics from the U.S. Bureau of Labor Statistics. Nationally, the incidence rate for 2023 was 2.4 cases per 100,000 FTE workers, compared to 2.7 cases per 100,000 FTE workers in 2022.

In Texas, the transportation and warehousing sector had the highest incidence rate at 3.6 per 100,000 FTE workers. That was followed by the arts, entertainment and recreation sector at 3.5; retail trade at 2.7; and health care and social assistance at 2.5.

In terms of total cases, there were 31,100 recorded incidents in the health care and social assistance sector, followed by retail trade at 28,700 incidents, and transportation and warehousing at 20,200 incidents.

Complete Texas nonfatal injury and illness incidence rate and number data tables by industry are available here.

Information on the national nonfatal injury and illness total is available here.

OSHA Data Shows Fewer Work-Related Fatalities

Focused enforcement efforts from the Occupational Safety and Health Administration (OSHA) have resulted in fewer fatalities, the agency reports, including significant reductions in fatal injuries from trench collapses and falls, two of the leading causes of death among construction industry workers.

According to preliminary data, OSHA investigated 826 worker deaths in fiscal year 2024, an 11% drop from 928 in the previous year. Excluding COVID-related deaths, this is the lowest number of worker fatalities OSHA has been mandated to investigate since FY 2017.

Currently, federal OSHA covers about 60% of private-sector employees and approved state programs cover the remaining workers. OSHA’s National Emphasis Program on falls, the leading cause of serious work-related injuries and fatalities in the construction industry, led to a drop in fatal falls investigated by federal OSHA from 234 in fiscal year 2023 to 189 in fiscal year 2024, a decrease of almost 20%.

National reporting by federal and state OSHA programs shows worker deaths in trench collapses declined nearly 70% since calendar year 2022. Fatalities decreased to 15 in 2023 from 39 in 2022. These decreases follow intensive outreach and education by OSHA and industry partners, work by state plans, and aggressive enforcement under a zero-tolerance policy for unprotected trenches, including immediate inspections and referrals for criminal prosecution where warranted.

More comprehensive annual worker fatality data, including deaths in cases where OSHA jurisdiction or its ability to investigate is limited, is reported annually by the U.S. Bureau of Labor Statistics in December. These include public roadway incidents, suicides and overdoses, and worker deaths not covered by federal OSHA, such as private-sector employees covered by state OSHA programs, state and local public employees, the self-employed, and most employees of small agricultural operations.

Report Calls for Better Protection Against Ergonomic Hazards

The Occupational Safety and Health Administration (OSHA) needs to better protect workers in the warehousing and delivery sectors from ergonomic hazards, says a report from the U.S. Government Accountability Office (GAO) that notes the warehousing and delivery sector has the highest injury rate of all sectors.

According to the report, there were an estimated 3.8 cases per 100 workers in the transportation and warehousing sector, which includes e-commerce warehouses and last-mile delivery.

GAO notes that although OSHA cited warehouse and last-mile delivery employers for more than 2,500 workplace violations during fiscal years 2018 through 2023, 11 violations included ergonomic hazards. Because OSHA does not have an ergonomic standard, it must use the general duty clause of the Occupational Safety and Health Act of 1970 to cite these hazards.

In the report, GAO recommends OSHA do the following:

  • Ensure OSHA compliance officers can easily obtain data during inspections on when musculoskeletal disorders occurred. This could include adding a column for musculoskeletal injuries to OSHA recordkeeping forms.
  • Increase training on identifying and assessing ergonomic hazards for compliance officers who inspect worksites under OSHA’s National Warehouse and Distribution Center Emphasis Program.
  • Clarify OSHA’s internal and publicly available guidance that compliance officers and employers use to identify, assess and address ergonomic hazards. This may include industry-specific guidance.
  • Conduct timely follow-up with establishments that were issued an ergonomic hazard alert letter.
  • Determine any steps needed to correct deficiencies in how OSHA’s national emphasis program for warehouses and distribution centers helps compliance officers identify, assess and address ergonomic hazards.

The report is available here.

Survey Finds Workers Wanting Change in Work Schedules

A new survey finds 28% of respondents experience daily pressure to overwork beyond their regular hours. Another 30% feel pressured to overwork at least once a week. To accommodate the extra hours, 89% of workers say they are in favor of compressed schedules and four-day workweeks.

FlexJobs surveyed nearly 3,100 U.S.-based professionals to compile its 2024 Workplace Wellness Report.

Work preferences among professionals surveyed were as follows:

  • 32% prefer to follow a four-day workweek.
  • 32% opted for a flexible schedule with the ability to choose their working hours.
  • 25% want a performance-based arrangement, where hours are based on goals.
  • 11% said they are fine with the current workweek.

Four of five professionals surveyed said they have endured a toxic work environment out of fear of losing their jobs. The top stressors resulting from these toxic workplaces include excessive workloads (34%), toxic bosses (31%), and unrealistic expectations from managers (31%).

Other stressors cited include:

  • Job insecurity (29%)
  • Work-life boundaries (24%)
  • Difficult coworkers (23%)
  • Layoffs (23%)
  • Changes within the organization (22%)
  • Lack of time (21%)

Nearly three-quarters of respondents (72%) said they have experienced difficulty sleeping or changes to their sleep patterns. Further, 54% have turned to comfort eating or unhealthy snacking, and 48% have demonstrated irritability or a shortened temper.

Other unhealthy behaviors or coping mechanisms reported include:

  • Procrastination or avoidance of tasks (47%)
  • Physical symptoms like headaches (46%)
  • Difficulty concentrating or making decisions (44%)
  • Excessive caffeine consumption (39%)
  • Negative self-talk or rumination (38%)
  • Isolating oneself from friends and family (32%)
  • Increased screen time or reliance on social media (25%)
  • Increased alcohol intake (20%)

More information about the survey is available here.

Judge Rules Against Salary Cap That Would Increase Workers Eligible for Overtime Pay

A Biden administration rule that would have significantly expanded overtime pay for salaried workers has been blocked by a Trump-appointed federal judge in Texas.

The judge sided with the state of Texas and an organization of national business groups who sued to stop the U.S. Department of Labor (DOL) from increasing the salary cap used to determine whether salaried workers are eligible for overtime. U.S. District Judge Sean Jordan ruled the Labor Department could not prioritize wages over job duties when determining eligibility.

There was no immediate word on whether the DOL will appeal, or if the incoming Trump administration will decline to pursue the issue.

Federal law exempts employers from paying salaried workers overtime, unless the employee earns below a certain income level. Under Trump’s first administration, employers were required to pay overtime to salaried workers who earned less than $35,568 annually.

The Biden administration wanted to make more salaried employees eligible for overtime, so it increased the cap to $43,888 as of July 1 and was set to increase it again to $58,656 in 2025. The DOL estimated 4 million more workers would be eligible for overtime under the higher cap. With the judge’s ruling, the cap will revert to $35,568.

Several business organizations challenged the increase, arguing it would increase costs and could result in employers needing to cut jobs or limit their workers’ hours.

The Growing Impact of PTSD and Mental Health on Workplace Injury Claims: Texas Nonsubscriber Perspective
By Ron Carter - RxBridge

Mental health conditions, particularly Post-Traumatic Stress Disorder (PTSD), present unique challenges for Texas nonsubscriber employers managing workplace injury claims. Employers must carefully navigate mental health claims through injury benefit plans while managing potential liability exposure.

Texas Nonsubscriber Environment

Unlike traditional workers’ compensation subscribers, Texas nonsubscriber employers have greater flexibility in structuring injury benefit plans, including how to address mental health conditions. However, this flexibility comes with increased liability risk, as employees retain the right to sue for negligence. This dynamic makes the effective management of mental health claims particularly crucial for nonsubscribers.

Most nonsubscriber plans specifically define covered injuries and conditions. Mental health conditions are typically addressed in one of three ways:

  • Coverage only when resulting from a covered physical injury.
  • Limited or no coverage for pure psychological claims.
  • Specific carve-outs for first responder PTSD claims.

This mirrors the Texas workers’ compensation system, which typically requires a physical injury component for mental health claims to stick. First responders get special treatment, though; House Bill 2143 provides expanded PTSD coverage for on-the-job trauma.

Impact on Claim Duration and Costs

The financial implications of mental health conditions in workplace injury claims are significant. According to RxBridge transaction data, injured workers prescribed psychotherapeutic medications experience four times higher claim costs compared to those without such prescriptions. For nonsubscribers, these increased costs can impact:

  • Direct medical expenses.
  • Wage replacement benefits.
  • Risk of litigation.
  • Insurance premium considerations.

Studies indicate that up to 85% of chronic pain patients experience severe depression, highlighting the complex relationship between physical and psychological recovery. This intersection often leads to:

  • Extended disability durations.
  • Increased medical treatment complexity.
  • Higher pharmaceutical costs.
  • Greater risk of litigation.

Treatment Approach Considerations

Successful management of mental health claims should utilize a multifaceted approach. Early identification through validated screening tools can help catch potential issues before they escalate into complex problems. This proactive strategy can be paired with careful medication oversight through pharmacy benefit management to ensure appropriate prescribing patterns and prevent potential abuse. Specific pharmacy management strategies include:

  • Implementing strict formulary controls for psychotherapeutic medications.
  • Requiring prior authorization for high-risk medications.
  • Using evidence-based guidelines for medication approval.
  • Establishing protocols for letters of medical necessity.
  • Providing real-time alerts when certain drug classes are prescribed (opioids, sedatives, stimulants, psychotherapeutics).
  • Developing specialized formularies for specific conditions, like PTSD.
  • Offering clinical support and medication counseling for injured employees.

Coordinated care between medical providers and mental health professionals is also important, as is complementing traditional treatment with alternative options like cognitive behavioral therapy, wellness coaching, and pain management that can provide injured workers with additional tools for recovery. This comprehensive approach helps create better outcomes while managing costs effectively.

As workplace mental health awareness grows, Texas nonsubscribers must continue adapting the approach to these complex claims while managing unique liability exposure.

Managers Express Frustration With Gen Z Workers

Almost one in five managers (18%) say they have considered quitting because of the stress of managing Gen Z employees, according to a new survey from Intelligent.com.

Other key findings include that 65% of managers say they changed their management style to accommodate Gen Z workers. Some 75% say this age group requires more time and resources.

Additionally, managers say that overseeing Gen Z employees has led to disappointment (31%), increased workload (27%), the need for additional resources (26%), a decrease in personal productivity (20%), feelings of overwhelm (20%), and burnout (16%).

Half (50%) of the managers surveyed say Gen Z’s excessive phone use in the workplace is the biggest challenge in managing this age group. Other challenges cited were poor work ethic (47%), lack of initiative (45%), poor time management skills (44%), and lack of professionalism (43%).

Nearly two-thirds of respondents (65%) say they have changed their management style to work with Gen Z employees. Forty-four percent say they provide more frequent feedback to Gen Z employees. Other accommodations include micromanaging (38%), adjusting management style for work-life balance (35%), and allowing more time for work to be completed (32%).

Additionally, 52% of managers say Gen Z workers cause tension among employees from older generations. Workplace attitudes and expectations are the biggest source of conflict between Gen Z employees and employees from other generations, with 76% of managers citing this as an issue.

Other top issues between younger and older employees include communication problems (62%), differing priorities (47%), and clashes over work styles (42%).

This online poll was commissioned by Intelligent.com and conducted on Pollfish in October 2024. In total, 1,000 U.S. managers completed the survey. More information is available here.

Survey Sheds Light on Worker Attitudes

Nearly three in five American workers report moderate to high levels of burnout at work, with a notable generational gap, according to a new survey from Aflac. More millennials, ages 28-43 (66%), are facing moderate to high burnout, compared to Gen X, ages 44-59 (55%), and baby boomers, ages 60-78 (39%).

The Aflac WorkForces survey also found the percentage of employees reporting high levels of stress increased to 38% in 2024 from 33% in 2023. Heavy workloads (32%), followed by long work hours (27%), were cited as the top contributors to workplace stress.

Financial uncertainty was also found to be a contributing factor. The survey revealed 51% of respondents could not afford $1,000 of unexpected medical expenses. Nearly two-thirds (64%) of employees said they could not go more than one month without a paycheck.

The youngest generation of workers, Gen Z, ages 18 to 27, continues to be the most financially vulnerable, with 61% unable to afford a $1,000 medical bill — although the report shows improvement year over year (72% in 2023).

Increasing numbers of employees said they would consider leaving their jobs for better benefits, even if it meant taking a pay cut (62%, compared to 53% in 2023).

The survey is available here.

Younger Business Owners Regret Not Emphasizing Worker Safety

Nearly half of young small-business owners — and three out of 10 overall — regret not emphasizing worker safety when they started their business, results of a recent survey show.

A Pie Insurance survey of 1,034 small-business owners, defined as companies with 500 or fewer employees, revealed a significant gap in how different generations approach workplace safety.

When asked, “What do you wish you would have known at the start of your business as it related to workplace/employee safety?” a substantial 47% of business owners aged 18-34 said they would have focused more on employee safety from the start and better employee training. This is compared to 30% overall for those who said they would focus more on employee safety from the start, and 29% who said better employee training.

The level of regret among younger business owners could be related to safety records between generations. According to the survey, 69% of business owners aged 55 and older have not had a workplace injury in the past five years. That compares to 23% of business owners aged 18-34 and 41% of business owners aged 34-54.

More information and results from the survey are available here.

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