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September 22, 2025 Psychosocial factors such as fear of movement, poor coping skills, and low mood play a strong role in the recovery from knee and shoulder injuries, according to findings of a study released Thursday by the Workers Compensation Research Institute. The study, which used data from 65,000 episodes each of knee and shoulder physical therapy from 2021 to 2024, found that psychosocial risk factors are “widespread” among injured workers with knee and shoulder injuries, and are associated with “poorer functional recovery.” Among shoulder-injury patients, 46% reported high levels of negative coping and 32% had high levels of fear avoidance; for knee-injury patients, those percentages were similar at 42% and 31%. For both injury classifications, 8% reported bad moods.

September 19, 2025 Washington — Outdoor workers may lower their risk of developing kidney problems by regularly drinking water and resting in the shade, a group of international researchers say. A team led by researchers from the nonprofit group La Isla Network studied more than 1,000 sugarcane workers during four harvest seasons in Nicaragua. Focusing on the workers with the most difficult job – burned cane cutters – the researchers found that with regular water, rest and shade, as well as improved sanitation facilities, the percentage of those who developed kidney issues dropped to 1% by the fourth harvest season from 21% in the first season. “When you remove the exposure, you improve the outcomes,” lead study author Erik Hansson, from the University of Gothenburg in Sweden, said in a press release. “This is actionable evidence for a future where extreme temperatures are the new normal.” The study was published in the journal Occupational and Environmental Medicine.

September 19, 2025 Washington — NIOSH has issued a warning about counterfeit or “misrepresented” respirators that may not provide adequate protection. A new fact sheet from the agency, which is responsible for the approval and testing of respirators, defines counterfeit respirators as products that try to copy an actual NIOSH-approved model. “Misrepresented” respirators, meanwhile, are falsely marketed and sold as NIOSH-approved respirators when they’re not. These respirator “may not provide the advertised level of protection, putting workers at risk,” NIOSH cautions. The fact sheet includes tips for identifying approved respirators, filters and cartridges. It also provides the following recommendations for purchasing respirators from third-party marketplaces: Be skeptical of claims that use terms such as “legitimate” and “genuine.” Beware of products that highlight part numbers and avoid using an approval holder’s name. Check if the seller consistently offers the same products over time, not only trending items. Monitor frequent price changes. Beware of sellers advertising “unlimited stock” during shortages. Ensure the seller adheres to marketplace policies and provides contact information. Review transaction history and customer feedback. Beware of claims that a filter or cartridge can be used on a NIOSH-approved respirator. NIOSH’s advice for evaluating websites that sell respirators: Verify if the contact email is linked to the website, not a free email service. Watch for bad grammar, typos, mixed-up names/logos, unfinished content, blank pages, broken links and other errors. Be cautious of misspelled domain names ( domain squatting ). To contact NIOSH about counterfeit or “misrepresented” respirators, email the agency at  ppeconcerns@cdc.gov . The report should include the company name on the respirator, the respirator model or part number, photos of the respirator and its packaging, the NIOSH approval number, and the URL where the respirator was purchased or found.

September 18, 2025 DENVER — Tracking workplace accident “near misses” has long been considered an effective way for safety professionals to ensure problems are fixed before an actual incident occurs. Still, the practice has its own shortfalls, according to a safety expert who says the definition itself is problematic. “It’s not even understood, what is a near miss?,” said Jean Ndana, Warren, Michigan-based environmental, health and safety director at Bull Moose Tube, a steel tube manufacturer, who spoke Wednesday during the National Safety Council Congress and Expo, calling on a “paradigm shift” on how employers manage incidents that could have led to accidents. Mr. Ndana described the 31-word definition of “near miss” by the Occupational Safety and Health Administration as confusing, and not applicable to a wide range of industries, as it describes the scenario of a near miss as a “slight shift in time or position” where “damage or injury could easily have occurred.” Such an incident is hard to visualize, especially for newer workers unaccustomed to what could have gone wrong, he said. Instead, Mr. Ndana proposes that industries view and train such instances as “any opportunity to make things safer, healthier or better.” “You don’t have to wait until someone trips on a wire,” he said, showing photos taken of a steel plant, where loose cords, dirty gauges and broken machine guards weren’t merely sites of near-misses, as traditionally defined, but areas where issues need to be addressed. Another problem with reporting near misses is in the training — it’s often not considered when onboarding workers, he said. The paperwork is another concern, he said, adding that a white sheet of paper can easily get lost in the shuffle. At Bull Moose Tube, Mr. Ndana has made all the forms yellow and on cardstock and placed them throughout the plant. He doesn’t call them “near miss” forms, either. He suggested companies use terms such as “opportunities for improvement” or the more catchy “Good catch!” He also suggested that safety professionals hold weekly meetings to discuss near misses, which would help prevent late reporting. A recognition or awards program for reporting areas of concern is another tip. At Bull Moose Tube, a “Near Miss Hall of Fame” features photos of workers who reported concerns and had them addressed, as Mr. Ndana showed in his presentation. “Positive reinforcement is a powerful tool,” he said.

September 16, 2025 DENVER — By providing opportunities to reduce fines, enhance training and improve communication with employers, the Occupational Safety and Health Administration aims for more collaboration rather than just enforcement. The new message was expressed Tuesday by Amanda Wood Laihow, acting assistant secretary of labor for Occupational Safety and Health, who spoke at the National Safety Council Congress and Expo. “We are taking a more balanced approach, one that values partnerships and strong compliance assistance as essential strategies alongside our traditional enforcement mission, and that’s exactly what our current vision reflects,” Ms. Wood Laihow said. “We want to offer support from the top down and remove barriers at every level so we can help businesses not only meet federal requirements, but also build stronger, more successful safety and health programs that don’t just check a box.” Ms. Wood Laihow’s appearance, which included a Q&A session with National Safety Council President Lorraine Martin, comes two months after OSHA announced an expansion of the Voluntary Protection Programs, aimed at urging employers to undergo regular self-evaluations and avoid routine inspections, while reducing the likelihood of formal investigation or litigation. In June, the agency announced it would send more interpretation letters, commonly referred to as “opinion letters” or “standard interpretations,” which provide specific guidance on federal labor laws and how they would apply to an employer’s business and workers. It’s too early to gauge whether more employers are participating in the letters program, Ms. Wood Laihow said. That process includes feedback from OSHA officials and attorneys and is ongoing, she said. “If you have a question, write us. Ask us: ‘How do I comply with this? How does this hazard or the standard apply to me? I want to make sure I’m in compliance.’” “Small and medium businesses that don’t necessarily have the knowledge or even the resources to hire private consultants or attorneys at the ready, they need to know that we’re there to help them to answer questions,” she said. OSHA this summer began increased fine reductions for small employers who “immediately take steps to address and correct the hazard” after being cited, she said. The agency’s latest mission is “about working more closely with small businesses, because they are the backbone of our economy, and often need additional support to keep workers safe,” Ms. Wood Laihow said. Regarding the agency’s future, David Keeling, President Donald Trump’s nominee to head OSHA, “is in the final stages” of the Senate confirmation process, she said.

September 16, 2025 DENVER — The U.S. Occupational Safety and Health Administration on Tuesday announced the preliminary top 10 most frequently cited workplace safety violations over most of the 2025 fiscal year, naming violations of fall protection requirements No. 1, with 5,914 citations.   Eric Harbin, OSHA’s regional administrator in the Dallas office, presented the list at the National Safety Council Congress and Expo, saying most of the citations came from the roofing industry. “They do extremely valuable work, (but) I think because they’re so small and less organized among the industries, it’s hard for them to know the need for training and providing equipment,” he said. The second-most frequently cited workplace safety violation was hazard communications, with 2,546 citations. In that, “the No. 1 violation of the (Hazard Communications) Standard is not preparing a written communication program, that’s like no program at all, and not providing effective education to train workers,” he said. Other top citation areas from Oct. 1, 2024, to Aug. 12: 3.     Ladders (2,405 citations) 4.     Control of Hazardous Energy, regarding lockout/tagout) (2,177) 5.     Respiratory Protection (1,953) 6.     Fall Protection training requirements (1,907) 7.     Scaffolding (1,905) 8.     Powered Industrial Trucks (1,826) 9.     Personal Protective and Lifesaving Equipment, Eye and Face Protection (1,665) 10.  Machine Guarding (1,239)

September 15, 2025 On September 3, 2025, the First District Court of Appeal of Florida, in Sedgwick Claims Management Services v. Thompson, considered for the first time whether EMA opinions and reports are subject to the standard that govern the admissibility of expert testimony in legal proceedings. In a WC case, an employer/carrier (E/C) sought to exclude the testimony of an EMA arguing that it failed to satisfy the Daubert standard—which provides the legal framework governing the admissibility of expert testimony and is codified in Florida statute 90.702. The judge of compensation claims (JCC), after applying Daubert, determined that the EMA's testimony met the required threshold and admitted it into evidence. On appeal, the appellate court reviewed Florida statute 440.25, which states that an EMA's report or testimony "shall be admitted into evidence in a proceeding." The court found this language to be clear and unambiguous, leaving no discretion to the JCC regarding admissibility of an EMA's report or testimony. Accordingly, the court held that the JCC erred by applying Daubert to the EMA's testimony. Nevertheless, the court deemed the error harmless as the testimony was ultimately admitted and considered by the JCC in rendering its decision. Tolling the Statute of Limitations After Voluntarily Dismissing a Petition for Benefits (PFB) On September 3, 2025, the First District Court of Appeal of Florida, in Murphy v. Polk County Board of County Commissioners, ruled that the statute of limitation related to an employee's initial PFB is not tolled where the employee voluntarily dismissed the PFB before adjudication, but asserts that a demand for attorney fees remains a pending issue. In January 2017, an employee filed a PFB for an injury that occurred the prior year. The employee subsequently voluntarily dismissed the petition but asserted that the amount of attorney fees and costs remained a pending issue. More than two years after the initial injury, the employee filed additional PFBs, which the employer contended were barred by the two-year statute of limitations tied to the initial injury. In reviewing the case, the court recognized that when multiple PFBs are filed for the same accident date, the statute of limitation is tolled as long as at least one petition remains pending between the filing of the first petition and the hearing on the last petition. The court found that the statute of limitation did not toll because the employee filed the subsequent petitions after the first petition was dismissed and the two-year statute of limitations had run out. Moreover, the court reasoned that the employee's demand for attorney fees was derivative of, or collateral to, the successful prosecution of a PFB. Once the employee voluntarily dismissed the first PBF, there would not be a resolution that would give rise to an entitlement for attorney fees. Therefore, the attorney fees demand by itself could not serve as a stand-alone basis to deem the petition pending for tolling purposes.

September 15, 2025 JACKSONVILLE, FL  - Following two federal safety inspections, the U.S. Department of Labor has cited a Jacksonville roofing contractor with 10 safety violations for willfully exposing workers to fall hazards by not requiring them to wear fall protection while working at least six feet above a lower level, leading to over $700,000 in proposed penalties. "At the Department of Labor, we are committed to doing everything in our power to put the American worker and their safety first," said Secretary of Labor Lori Chavez-DeRemer. "These citations are a stark reminder that workplace safety is non-negotiable, and we will carry out our duty to hold employers accountable when they put lives at risk." "No one should walk into work worrying that they might not come home at the end of the day," said Deputy Secretary of Labor Keith Sonderling. "Our workers are the backbone of this country, and we strive every day to ensure they never pay the ultimate price for a paycheck." On March 18, 2025, the department's Occupational Safety and Health Administration initiated an investigation at an Elo Restoration LLC Jacksonville worksite - operating as Elo Roofing. Two weeks later, OSHA initiated a separate investigation at an Elo Roofing site in St. Johns after learning a worker sustained injuries and required hospitalization after falling through a residential roof while removing skylight fixtures. The agency determined the worksite did not install guardrails, safety nets, or personal fall arrest systems, and employees were not provided with alternative fall protection measures. Elo Restoration LLC was cited with four willful, three repeat, a serious, and two other-than-serious citations, totaling $752,846 in proposed penalties. The company has 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA, or contest the findings before the independent Occupational Safety and Health Review Commission. Please check the OSHA establishment search page periodically for any changes in the inspection or penalty status.

September 15, 2025 DENVER — That a slip, trip and fall in an industrial setting could be the result of ill-fitting personal protective equipment is an issue that safety professionals are just beginning to understand, according to Amy Roosa, Ames, Iowa-based founder and CEO of The Safety Rack, a nonprofit that advocates for proper PPE and workwear for women in trades. Ms. Roosa, who also works at Arthur J. Gallagher as a risk manager, spoke Monday at the National Safety Council Congress and Expo, presenting the findings of a survey of 500 women working in a variety of industries that found 94% have had issues with PPE, as many women are smaller than the average male.   The issue is pressing for construction, in particular, as the Occupational Safety and Health Administration in 2024 amended its PPE standard for the construction industry, explicitly requiring that equipment properly fit any construction worker who needs it. She noted that the number of women employed in a variety of trades, such as welding, is on the rise, and that the new concern is not “equality” but “equity.” “Equality is that everybody gets a safety vest; equity is we get one that fits,” she said. Ms. Roosa said other industries should take note of OSHA’s move, as protective clothing, such as pants that are too long, can cause a person to trip — and the risks from there run the gamut. Sleeves can get caught on machines. Helmets and gloves can fall off. Constant adjustments to clothing and equipment can be a distraction, so much that a worker might forgo wearing them, or alter them so much that the employer could be out of compliance, she said. The survey, conducted by The Safety Rack, found that 50.6% of women said they “often” made adjustments to PPE due to poor fit. The survey also found what Ms. Roosa referred to as eye-opening numbers when it comes to injuries: one out of five women reported being injured by their PPE, and two out of five reported that they suffered a near-miss accident as a result of PPE that was too large. Poorly-fitting PPE is also a concern for both smaller and larger males, many whom have suffered in silence, she added. “There’s this big gap in understanding and education when it comes to PPE,” she said.

September 15, 2025 Survey reveals widespread misconceptions about workers' compensation rights and protections. Nearly half of American workers believe filing a workers’ compensation claim could jeopardize their employment, according to a new survey of 1,000 U.S. adults by Atticus that exposes critical knowledge gaps about workplace injury protections. The research reveals troubling confusion about basic workers’ compensation rules across all generations, according to a report on the survey’s findings. Less than 60% of respondents in any age group correctly answered fundamental questions about eligibility and benefits. For example, the report noted, only 29% understand that insurance companies, not employers, pay workers’ compensation benefits. This lack of understanding extends to legal protections. Some 79% of workers incorrectly believed the system requires employers to fix unsafe conditions that cause injuries, while 19% incorrectly said that a workers’ comp lawyer can help them to sue their employer for unsafe work conditions. In reality, workers’ compensation operates as a no-fault insurance system focused solely on providing benefits, not preventing future accidents or assigning blame, according to Atticus. Mental health coverage represents another area of confusion. While 66% believe psychological conditions are never covered, the reality varies significantly by state. Some jurisdictions exclude mental health claims entirely, while others permit them only for first responders or when connected to physical injuries, the report noted. Even where allowed, approval remains rare without clear links to specific workplace incidents. System Struggles to Meet Worker Needs Among the 12% of Americans who have filed workers’ compensation claims, experiences reveal a system struggling to deliver timely, adequate support, the survey found. While 72% of applicants received approval, workers faced an average five-week wait for initial payments, with nearly one in 10 waiting eight weeks or longer.   Financial hardship emerges as a persistent challenge. Only 31% report that benefits fully covered basic living expenses, while 17% struggled significantly with essentials like rent and food. Administrative delays affected 29% of claimants, primarily due to system backlogs and disputes over whether injuries were work-related, the report said. The application process itself presents obstacles. Workers cited paperwork completion, benefit delays, and communication difficulties as top challenges. One-third wish they had known about processing times, while 26% said they were surprised to learn wage replacement is only partial, not full compensation. Building Trust Requires Education and Reform The survey showed a generational divide in workers’ compensation system trust: 58% of Baby Boomers believe workers’ compensation helps employees, compared to just 38% of Millennials. For employers and insurers, addressing these knowledge gaps represents both an obligation and an opportunity. Clear communication about rights and processes could reduce the 49% of workers who fear retaliation, potentially encouraging earlier injury reporting and better outcomes, according to Atticus. Educational initiatives explaining the no-fault nature of the system and the role of insurance companies could build confidence among employees, the report added.

September 15, 2025 In some parts of the country, folks are pulling sweaters out of the closet and ordering pumpkin lattes. But while we kiss summer goodbye, let’s not forget that workers in Arizona, Texas and Florida are still facing dangerous temperatures well into fall and beyond. Let’s also keep in mind those workers in hot indoor environments — from foundries and kitchens to warehouses without adequate climate control — who face heat risks regardless of what the thermometer says outside. Workplace heat exposure kills dozens of workers annually while sickening thousands more. The worst part is these incidents are almost entirely preventable. That’s why the regulatory momentum we’re seeing right now is so critical. OSHA’s proposed federal Heat Injury and Illness Prevention rule, which wrapped up public hearings in July, would create the first-ever national standard requiring employers to evaluate and control heat hazards. The rule would apply to both outdoor and indoor work across all industries where OSHA has jurisdiction — affecting an estimated 36 million workers. But federal action is just part of the picture. Some states took the reins on their own. Nevada just began enforcing its new heat illness prevention regulation in April 2025, joining California, Washington, Oregon, Colorado, Minnesota and Maryland in establishing their own protective standards. These rules share commonsense strategies, from better training to triggering protections when temperatures reach 80°F, and requiring employers to provide water, rest breaks, and cool-down areas. Enhanced protections kick in at 90°F, often including mandatory paid rest breaks and closer monitoring for heat illness symptoms. Here’s what strikes me most about these regulations: None of these things are onerous, expensive or unreasonable. Water, rest, shade, training — these are fundamental protections that demonstrate common sense as well as respect for workers’ wellbeing. What does that say about employers still lagging on heat safety precautions? It says they don’t have top-down buy-in for safety. Leaders in at-risk industries must recognize that worker heat protections aren’t bureaucratic bloat, but rather lifesaving protocols. Investment in heat safety pays dividends in reduced claims, improved productivity, and stronger safety cultures and morale. Read more