This Month:
TAN Board to Pursue Amicus Brief in Unfriendly Nonsubscriber Lawsuit
Ruan Transportation Is TAN’s Newest Member
OSHA Issues New Guidelines for Hazard Safety Information
Employee Burnout Has Dropped But Remains High
Survey: Being Connected to Co-Workers Is Good for Mental Health and Longevity in Workplace
Workers Weigh in on Their Approach to PTO
Workers Say Psychological Safety in the Workplace Matters
Report Examines Intersection of Diversity, Equity and Inclusion and MSDs
Study Highlights Status of Recruiting Challenges
TAN Board to Pursue Amicus Brief in Unfriendly Nonsubscriber Lawsuit
The board of the Texas Alliance of Nonsubscribers has voted to pursue the filing of an amicus brief in litigation related to the East Texas Medical Center Athens litigation currently pending before the Texas Supreme Court. In the lawsuit, the Tyler Court of Appeals has ruled that a nonsubscribing employer may not designate a responsible third party in a negligence lawsuit brought by an injured worker.
An amicus brief allows interested third parties to express their position on the litigation and to explain how a specific ruling will affect the organization’s members.
In March, the Texas Supreme Court granted an emergency stay in the case pending its determination of whether it will hear the case.
In filing the amicus brief, TAN hopes to 1) persuade the Texas Supreme Court to hear the case and 2) overturn the appellate court’s ruling to prevent it from becoming the prevailing law in Texas.
The case involves a worker injury to an emergency room nurse employed by the East Texas Medical Center (ETMC). The nurse was injured when an Emergency Medical Technician (EMT) hit her in the back with an empty stretcher. The EMT is an employee of the ETMC Emergency Medical Service (EMS), a separate company from ETMC. ETMC filed a motion designating EMS as a responsible third party. The motion was denied by the district court and the Tyler Court of Appeals. The appellate court held that a negligence claim against the nonsubscriber was an attempt to collect workers’ compensation, which prohibits the designation of a third party as comparatively responsible.
To file the amicus brief, the TAN board is seeking contributions to help fund the legal work. If your company is interested in supporting the organization’s efforts, please email Tim Conger (tim.conger@bravarro.com).
Ruan Transportation Is TAN’s Newest Member
Ruan Transportation has joined TAN. Steve Schaal, general counsel and vice president for Ruan, led the company’s consideration of joining the organization. Before joining Ruan, Schaal previously served on the TAN Board of Directors during his tenure at another member of the organization.
Ruan, headquartered in Des Moines, is a family-owned logistics provider with employees in multiple states, including Texas. The company’s founder, John Ruan, prioritized safety, making Ruan the first transportation company in America to have a formal safety program. Not only did Mr. Ruan view safety as a moral imperative for the well-being of his employees, he viewed it as a competitive advantage over his competition.
In 1997, the American Trucking Association’s Ruan Transportation Center building was dedicated in Washington, D.C., honoring Mr. Ruan’s more than 60 years of service to the transportation industry. Mr. Ruan passed away in 2010 at the age of 96.
TAN welcomes Ruan Transportation to the organization.
OSHA Issues New Guidelines for Hazard Safety Information
The Occupational Safety and Health Organization (OSHA) has issued new rules that will increase the amount and size of hazard safety information on labels and safety data sheets, effective July 19, 2024.
The updates to the current Hazard Communication Standard are intended to better protect workers and allow workers and first responders to react more quickly in an emergency.
The updated standard more closely aligns with the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS). It will require labels on small packaging to be more comprehensive and readable and makes changes to help ensure trade secrets no longer prevent workers and first responders from receiving critical hazard information on safety data sheets.
Other changes to the new standard include a clearer hazard classification process to provide more complete and accurate hazard information on labels and safety data sheets; updated physical hazard classes to better inform users on safe handling of explosives, aerosols and chemicals under pressure; and updated precautionary statements on how to safely handle, store and dispose of hazardous chemicals.
Established in 1983, the Hazard Communication Standard provides a standardized approach to workplace hazard communications associated with exposure to hazardous chemicals. OSHA updated the standard in 2012 to align with the third revision of the GHS to provide a common and coherent approach to classifying chemicals and communicating hazard information.
The new standard is available here.
Employee Burnout Has Dropped But Remains High
Employee burnout has dropped substantially since the early days of the pandemic (58% in August 2020) but remains stubbornly high, according to a recent survey from Eagle Hill Consulting.
According to the survey, 45% of U.S. employees surveyed report being burned out at work. Women (49%) continue to report higher levels of burnout than men (41%). Younger workers continue to report the highest levels of burnout, with Gen Z at 54% and millennials at 52%.
Workers who experience burnout say the top cause is their workload (51%), followed by staff shortages (42%) and juggling personal and professional life (41%).
Among those who experience burnout due to staff shortages, 83% said the impact is covering the workload for unfilled positions. Forty-six percent said the impact is helping others learn their job, 41% said it’s training new hires, and 22% said it’s recruiting and interviewing new hires.
About half of employees (56%) who report burnout say they are comfortable telling their boss.
When asked what would help reduce burnout, 69% of workers said a four-day workweek would help. Other solutions included increased flexibility (66%), decreased workload (63%), better health and wellness benefits (60%), working from home (56%), reduced administrative burdens (53%), more on-site amenities (50%), and the ability to relocate or work from multiple locations (40%).
These findings are from the 2024 Eagle Hill Consulting Workforce Burnout Survey conducted by Ipsos from Feb. 6-9, 2024. The survey included 1,247 respondents from a random sample of employees across the United States. Eagle Hill conducts the polling two times annually to maintain a pulse on worker burnout.
More survey results are available here.
Survey: Being Connected to Co-Workers Is Good for Mental Health and Longevity in Workplace
A new survey suggests people still feel connected at work despite the prevalence of hybrid and remote work environments and the rise of artificial intelligence. According to the latest Wiley Workplace Intelligence report, 78% of employees surveyed said they feel connected with their co-workers, and 69% said they also enjoy making connections with their colleagues. Around half even said they want to learn more about their co-workers by doing a team-building activity.
The report is based on surveys completed by 2,008 individuals in North America, from individual contributors to executive leaders. In it, 59% of respondents said that not having friends at work was a factor in deciding to stay at a company.
True friendships in the workplace contribute to improved mental health, as they can act as support networks during challenging times, provide a sense of belonging, and alleviate stress through shared experiences and understanding. According to the survey, 64% of respondents said they have at least one friend at the office.
It can be difficult to know where to start improving connection at work, especially in hybrid or remote environments. In the “old” days, it was easy to order a few pizzas and gather everyone in a conference room for some ice breakers, but how does that translate to the digital age?
While that kind of forced socialization can be a groan-inducing part of work life, depending on how it is executed, half of the respondents (51%) reported that they want to learn more about their co-workers by doing a team-building activity. Some 73% said they enjoy team-building activities.
More information about the survey is available here.
Workers Weigh in on Their Approach to PTO
Most American workers (83%) are satisfied with their company’s paid time off/vacation policy, although nearly half (49%) get nervous when requesting time off from their employer and 28% report playing hooky, according to a recent survey from The Harris Poll.
The survey found that 78% of workers do not use the maximum amount of paid time off allowed by their employer. The average American worker took 15 paid days off in 2023, despite half (49%) being allowed more than that by their employer.
Barriers most often cited by workers preventing them from taking more time off are pressure to always be available and responsive to demands (31%) and heavy workload (30%).
Although 62% of the American workforce say “being ‘out of office’ means absolutely no working,” nearly the same amount (60%) admit that they struggle to “fully disconnect” when they take their time off.
Most American workers (86%) say they would check emails from their boss while on paid time off/vacation, and more than half (56%) have taken work-related calls during their time off.
Guilt and anticipatory angst rule their vacation days: Two-thirds (66%) of American workers dread the backlog of work awaiting their return, with nearly half (47%) feeling guilty when taking their time off.
According to the survey, 31% reported having moved their mouse to keep their status active on their company messaging system. Three out of 10 workers (30%) report having scheduled messages to send outside of work hours to create the impression they are working.
The survey is available here.
Workers Say Psychological Safety in the Workplace Matters
American workers are generally satisfied with their jobs and feel good about their performance and productivity, but that is more likely in workplaces that foster “psychological safety,” according to the American Psychological Association (APA) 2024 Work in America report. Conversely, workers who experience lower psychological safety are more likely to worry about job security because of their age and feel more comfortable working with their own age group than others, even as a rising retirement age leads to more intergenerational workforces.
Psychological safety refers to a workplace climate in which workers are comfortable expressing themselves and believe they can take appropriate interpersonal risks. Workers who experience higher levels of psychological safety are more likely than workers experiencing lower levels of psychological safety to say they feel like they belong (95% vs. 69%) and that they feel comfortable being themselves in the workplace (95% vs. 75%). They were also 10 times less likely to say their workplace is very or somewhat toxic than workers who experience lower levels of psychological safety (3% vs. 30%).
According to the survey, those experiencing higher psychological safety were more likely to report satisfaction with:
- Their relationships with co-workers.
- Their relationships with managers or supervisors.
- The policies in place to promote equity, diversity and inclusion.
- Their work schedules.
The online survey was conducted by The Harris Poll in the United States on behalf of APA between March 25 and April 3, 2024, among more than 2,000 employed adults. It is available here.
Report Examines Intersection of Diversity, Equity and Inclusion and MSDs
Workers of color have more work-related injuries and illnesses than their white counterparts, yet Black and Hispanic workers report the most unease about reporting unsafe work conditions when compared to other racial and ethnic groups, according to a report from the National Safety Council.
The report, “The Intersection of DEI and MSDs: Ensuring Equitable Outcomes,” says workers of color may perceive their voices and opinions as less valued than the majority group and therefore report the most unease about reporting unsafe work conditions when compared to other racial and ethnic groups.
Other key findings include:
- Work organization: Demanding work schedules can increase the risk of MSDs due to less time for adequate sleep and recovery from work, longer exposure to hazards and demands at work, and less time to attend to nonwork responsibilities.
- Workplace and equipment design: PPE has also traditionally been designed to fit the average white male and, as a result, females in the workforce are often not provided with properly fitting gear.
- Safety culture: Workplaces that do not offer benefits, such as paid sick leave and long-term disability, may create an unsafe culture in which employees feel insecure about taking necessary time off when they have suffered a workplace injury. Clear and accessible policies and procedures are vital to ensuring organizations are equitably protecting all workers from safety risks.
- Psychological safety: Employee well-being at work is significantly influenced by a sense of belonging to the organization or team, with managers showing appreciation for their employees and involving them in decision-making.
- Psychosocial risk factors: Common psychosocial risk factors are job stress; lack of job control or autonomy; job dissatisfaction; time pressure; and poor organizational, supervisor or co-worker support. Occupational stress has been shown to increase MSDs, with role conflict and lack of job control leading to wrist, hand, shoulder and lower back issues.
The report is available here.
Study Highlights Status of Recruiting Challenges
Despite a tight U.S. labor market, a new survey reveals that the recruiting and retainment challenges facing businesses have eased.
Some 83% of HR leaders cited difficulty recruiting workers at the height of the Great Resignation in 2022, compared to 55% now, according to The Conference Board survey. Retaining workers is also becoming less challenging: Only 41% of HR leaders report difficulty retaining workers compared to a high of 66% in 2022.
The survey found a clear link between retention challenges and work arrangements: Only 15% of HR leaders at organizations that allow employees to choose where they work reported it was difficult to retain workers. That’s compared to 45% of HR leaders who expressed difficulty retaining workers at organizations where on-site work is mandated.
This survey of 216 U.S. human resource executives was conducted from March 17 through April 8, 2024. It is the sixth survey in the Reimagined Workplace series. Insights from the survey include:
- Organizations reporting difficulty finding qualified workers: The number of in-office workers fell 37 percentage points, from its high of 84% in 2022 to 47% in 2024.
- However, organizations still report difficulty finding qualified manual workers: Organizations reporting difficulty hiring manual workers fell 23 percentage points, from its high of 88% in 2023 to 65% in 2024.
- The percentage of organizations reporting difficulty retaining professional and office workers fell to 37% in 2024, compared to 64% in 2022. Similarly, the percentage of organizations reporting difficulty retaining industrial and manual workers fell to 47% in 2022, from 73% in 2024.
- Some 45% of HR leaders express difficulty retaining workers if on-site work is mandated by an organization. When on-site work is strongly encouraged, HR leaders experience a similar level of difficulty (44%) retaining workers.
- When organizations allow employees to choose where they work, only 15% of HR leaders reported difficulty retaining workers.
Information about how to download the report is available here.
The Impact of Online Misconduct in the Workplace
A new survey from Fama Technologies finds more than 10% of job candidates have engaged in some form of online misconduct.
Fama, which conducts online workplace misconduct screening, says studies have shown a significant negative business impact if just 5% of employees engage in online misconduct. According to Fama Technologies’ State of Misconduct at Work in 2023 report, toxic work culture cost companies $223 billion from turnover in just the past five years.
The report reveals a growing issue of misconduct in the workplace, with eight of the nine industries analyzed failing to meet the standard benchmark. This year’s report also showed a dramatic increase in misconduct behavior online. Of those who engage in misconduct, their online misconduct activity increased by 40% year over year.
Industries with the most misconduct included Consumer Services, Media and Entertainment, and Education.
Fama Technologies describes workplace misconduct as behavior that violates company policy or the law and harms an organization. The most common forms of misconduct were harassment, sexual misconduct and intolerance. Behaviors range from tardiness to gross misconduct such as threats and violence. Fama Technologies says that just one in 20 workers (5%) engaging in misconduct reduces productivity by 40% and makes team members 54% more likely to leave.
Access the report here.
The Impact of Direct-to-Consumer Pharmaceutical Advertising
By Ron Carter of RxBridge
The pharmaceutical industry in the United States spends approximately $1 billion per month on Direct-to-Consumer Pharmaceutical Advertising (DTCPA). This practice, allowed only in the United States and New Zealand, has significant implications across all lines of health care.
One of the primary impacts of DTCPA is its influence on prescription patterns. These advertisements often lead to increased patient demand for specific, often expensive, medications. While most DTCPA spending is associated with drugs not typically prescribed for the treatment of injuries, workers’ compensation is not immune.
Quality of Care and Outcomes
While DTCPA can drive up the costs of medications, arguments for its use include improving health outcomes by providing patient education and awareness of conditions and treatments, as well as raising awareness for possible side effects of medications. DTCPA has also helped to lessen the stigma around certain conditions, such as mental illness.
On the one hand, increased awareness and use of effective medications can lead to better health outcomes, while on the other hand, the pressure to prescribe advertised medications can result in the use of drugs that are not the best fit for the patient’s condition, potentially leading to adverse effects or suboptimal treatment outcomes.
Workers’ Compensation Impact
In 2023, spending across the top 10 pharmaceuticals in DTCPA reached $1.94 billion. While many of the drugs in the top 10 list are used for conditions unrelated to workers’ compensation, such as diabetes, employers may see requests for coverage for some of the medications on the list, as indicated in the table below.
Top Medications Advertised in 2023 With Potential to Be Prescribed to Injured Employees:
Employers should rely on their pharmacy benefit managers to monitor new medications as they are released and to evaluate each drug for appropriateness for workers’ compensation injuries, reported effectiveness, as well as cost before deciding if they should be allowed on proprietary formularies. It’s also recommended to establish an alert whenever a high-cost medication or a medication not on the formulary is prescribed so that it can be evaluated before being approved.
Conclusion
Direct-to-Consumer Pharmaceutical Advertising can impact workers’ compensation by influencing prescription patterns, increasing medication costs, and affecting claim frequency and duration. While it can enhance awareness and potentially improve health outcomes, the financial burden it imposes requires strategic management and policy interventions to ensure sustainable and effective workers’ compensation programs.
State News
Marijuana Moment
Arizona Governor Signs Bill To Allow Workers’ Compensation For MDMA Treatment, Despite Vetoing Psilocybin Proposal
The governor of Arizona has signed a bill into law that would allow firefighters and peace officers with post-traumatic stress disorder (PTSD) to get workers’ compensation coverage for MDMA therapy if it is federally legalized. Click here for full article.
Cal Matters
‘Total System Breakdown’: California Firefighters with PTSD Face a Workers’ Comp Nightmare
Todd Nelson could feel it coming on. And he began to run. He was going dark again, retreating to a place where he would curl into a fetal position with his thumb in his mouth, watching from behind closed eyes as his personal reel of horror unspooled. Click here for full article.
Insurance Journal
Report: Nearly All California Worker’s Comp IMR Filings Were Eligible for Review
Nearly all independent medical review filings were deemed eligible for review last year, slightly less than the annual percentage for those filed in 2022, according to California Division of Workers’ Compensation’s annual report on the IMR program. Click here for full article.
CT Post
Audit: Connecticut Workers Comp Commission Faulted Over Leave Time
The state Workers’ Compensation Commission failed to eliminate sick and vacation time balances for employees as they left their jobs and did not properly account for computer software, a new state audit found. Click here for full article.
WorkersCompensation.com
What Makes a Disease Compensable in Delaware?
If you read our summary of Fowler v. Perdue Inc., No. 412, 2023, you learned that the Delaware Supreme Court found a worker’s case of COVID-19 didn’t entitle him to benefits because the medical evidence wasn’t sufficient to show that COVID was natural to his work environment. Click here for full article.
WLKY
Families of First Responders Expose Flaw in Kentucky’s Workers’ Compensation System
Bobby Treadway’s first seizure came while he was responding to a horrific car crash. His daughter recalled the first time he had one at home. Click here for full article.
Fox 21
Workers’ Compensation for Remote Workers in Louisiana: Understanding Coverage
The landscape of employment has evolved significantly, with remote work becoming a permanent fixture in many industries. This shift raises important questions regarding workers’ compensation coverage for remote employees under Louisiana’s laws. Click here for full article.
Risk & Insurance
Oregon Appeals Overturns $10M Award, Upholds Exclusive Remedy
The Oregon Court of Appeals recently overturned a trial court decision awarding $10 million for loss of consortium to the widow of a worker whose death was linked to exposure to asbestos in his job. Click here for full article.
General News
Lockton
Understanding Recent Workers’ Compensation Industry Results
Recent headlines about P&C insurance have been dominated by concerns about the increased frequency of natural catastrophe events and social inflation. In contrast, workers’ compensation has largely been ignored. Click here for full article.
Medical Xpress
Workplace Injury and Illness Costs Tens of Thousands of Work Years, Australian Study Finds
Australia loses 41,194 work years annually due to work-related injury, disease and mental health conditions, a new measure of the national burden of workplace injury and illness has found. Click here for full article.
Chicago Tribune
One Migrant Worker’s Effort to Claim Workers’ Comp, a Right All Workers have Despite Immigration Status
Jose Antuna fell through a drain at a west suburban car wash where he worked and tore his meniscus in mid-November. The 40-year-old from Venezuela didn’t have a work permit at the time and was making $10 an hour. Click here for full article.
HR Reporter
‘It’s a Big Shift from Where We’ve Been’: Province Clarifies New Rules for Gig Workers
Tens of thousands of workers to benefit from higher minimum wage, workers’ comp, termination pay. Click here for full article.
Insurance Journal
Employee Who Was Trapped in Elevator Denied Workers’ Compensation Benefits
A health insurance company employee who was trapped in an elevator for about 30 minutes has been denied workers’ compensation benefits. Click here for full article.
Insurance Journal
Excessive Heat An Increasing Concern in Workers Comp: WCRI
With temperatures pushing above 90 degrees in parts of the Midwest and Northeast United States this week, many American workers are clocking in during what AccuWeather described as an “intense heat wave that is impacting more than 135 million people.” Click here for full article.
Property Casualty 360
AI Sparks New Era in Empathetic Workers’ Comp Claim Management
Multi-modal AI models, such as OpenAI’s ChatGPT 4.0 and Google’s Project Astra, mark a significant advancement in artificial intelligence. The potential of these advancements is particularly promising for complex fields such as workers’ compensation, where the claims process can be challenging and involve numerous factors beyond the physical injury itself. Click here for full article.
Sportico
College Athlete Pay Could Trigger Workers’ Compensation Coverage
As federal courts, federal agencies and now Congress weigh whether college athletes are employees, and as the NCAA plans to settle antitrust litigation by adopting a pay-for-play model, workers’ compensation laws lurk on the sidelines. Click here for full article.
WorkersCompensation.com
Perdue Worker Doesn’t Establish that COVID-19 was ‘Natural to’ Work Environment
People whose jobs required them to be onsite during the worst of the COVID-19 surely faced a greater risk of contracting SARS-CoV-2 than their work-from-home counterparts, but does that mean that a COVID diagnosis must be related to employment? Click here for full article.
WorkersCompensation.com
Workers Shot in Separate Incidents Across Country
A deli worker was rushed to the hospital after being shot in the stomach, one of many workers shot on the job in the past two weeks. Click here for full article.
WorkersCompensation.com
An Aging Workforce, Workers’ Compensation & Opioids: Trends & Tactics
The demographics of our workforce are shifting, with the number of older workers expected to rise over the next decade. It is anticipated that those aged 65 and older will comprise 8.6% of the workforce in 2032, up from 6.6% in 2022. Click here for full article.
WorkersCompensation.com
HR Homeroom: The Impact of Work from Home on Employee Engagement and Workers’ Compensation
The shift to a work-from-home (WFH) environment has significantly transformed the landscape of employee engagement and workers’ compensation. Click here for full article.
WorkersCompensation.com
NCCI’s Classification Research – Top Reclassified Codes in 2023
Based on an analysis using data obtained from the Program between 2021 and 2023, the table below shows the top 10 reclassified governing codes and the top code to which NCCI reassigned each of these governing codes. Click here for full article.
The Washington Post
Whooping Cough Cases Double In The U.S., A Potential Legacy Of The Pandemic
Whooping cough, a bacterial illness that poses an especially significant threat to infants, is surging in the United States — another potential legacy of the coronavirus pandemic. Click here for full article.
Good Housekeeping
Is There a New COVID Booster to Prevent Against FLiRT Variants? What You Need to Know
Alot has happened with COVID-19 vaccines in the past few years, making it difficult to keep up. You’re probably aware on some level, though, that there was an updated vaccine released in the fall. Click here for full article.
CIDRAP
Paxlovid Fails To Improve Long-COVID Symptoms In Small Study
Using the popular COVID antiviral Paxlovid failed to significantly improve symptoms in 155 patients experiencing moderate to severe long COVID, according to a study published today in JAMA Internal Medicine. Click here for full article.
Moderna
Moderna Announces Positive Phase 3 Data for Combination Vaccine Against Influenza and COVID-19
Moderna, Inc. today announced that its Phase 3 trial of mRNA-1083, an investigational combination vaccine against influenza and COVID-19, has met its primary endpoints, eliciting a higher immune response than the licensed comparator vaccines used in the trial. Click here for full article.
CIDRAP
AHRQ Survey: 7% of US Adults Reported Having Long COVID By Early 2023
New findings from a US survey from Agency for Healthcare Research and Quality (AHRQ) scientists concludes that 6.9% of US adults—or almost 18 million adults—have ever had long COVID as of early 2023, confirming the results of previous surveys. Click here for full article.
NC Health News
New CDC Head Uses COVID-era Innovations To Tackle Bird Flu Outbreak
Mandy Cohen, who led North Carolina’s response to the COVID-19 pandemic, is facing her first major test as director of the federal Centers for Disease Control and Prevention — rising concerns about the spread of avian influenza. Click here for full article.
Reuters
Fact Check: Study Does Not Say COIVD Vaccines May Have Fueled Excess Deaths
A newly released study does not say COVID-19 vaccines may have fueled excess deaths across the world, contrary to claims on social media. Click here for full article.