Search Our Site

December 2, 2025 Sedgwick Claims Mgmt. Services v. Thompson, Fla. 1st DCA, No. 1D2023-0193, Sept. 3, 2025 In this matter of first impression, Florida’s First District Court of Appeal addressed whether Florida Statutes Section 440.25(4)(d) precludes  Daubert  challenges to Expert Medical Advisor (EMA) opinions. Put simply,  Daubert  requires that expert opinions result from an analysis of reliable facts, use of reliable principles and methods, and reliable application of those principles and methods to the facts of the case. In the opinion written by Judge M.K. Thomas, the court held that the plain language of the statute in conjunction with the ever-evolving changes to Florida’s Workers’ Compensation Act mandates that Daubert cannot be used to exclude EMA opinions. The claimant alleged a repetitive trauma injury to his neck and shoulder while working as a correctional officer. The employer/carrier initially accepted the claim as compensable under the “pay and investigate procedures” of Section 440.20(4). Ultimately, however, they denied compensability and discontinued further benefits. The claimant then filed a petition for benefits in response to which the employer/carrier again denied compensability. Both the claimant and the employer/carrier secured opinions of independent medical examiners (IMEs) under Section 440.13(5). Predictably, the employer/carrier’s expert determined that the claimant’s condition was not work-related, whereas the claimant’s expert opined otherwise. The judge of compensation claims appointed an EMA under Section 440.13(9)(c) to serve as the “tiebreaker.” The EMA statute provides: “[t]he opinion of the expert medical advisor is presumed to be correct unless there is clear and convincing evidence to the contrary as determined by the judge of compensation claims.” § 440.13, FLA. STAT. (2020). After the EMA opined that the repetitive trauma was work-related, the employer/carrier filed a motion to strike the EMA’s report and testimony, raising a  Daubert  objection. In response, the claimant argued that section 440.13(9)(c) dictates that the EMA’s opinion is presumed to be correct unless there is clear and convincing evidence to the contrary. He claimed that no such evidence was introduced. More importantly, however, he asserted that the  Daubert  standard does not apply to EMAs at all. The judge of compensation claims ruled that the  Daubert  standard does apply to EMAs and that the EMA’s report and opinion in this case met that standard for admission into evidence and was presumptively correct. The First District Court held that the judge reached the correct result, although for the wrong reason under the so-called “tipsy coachman” doctrine. Judge Thomas devotes much of the  Thompson  opinion to explaining why seemingly contrary case law does not control. In one prior District Court case, the court stated: “An EMA opinion also must comply with the Florida Evidence Code, including  Daubert .” The court also previously stated: “[t]he 2013 Legislature has made clear that the admissibility of expert opinions requires that the requirements of  Daubert  be met.” However, the  Thompson  majority held that the prior pronouncements were dicta and that the prior cases did not squarely address whether Section 440.25(4)(d) precludes  Daubert’s  application altogether. Additionally, the District Court distinguished a Florida Supreme Court case holding which found that judges of compensation claims are required to apply the alternative evidentiary admission standard for expert opinions under  Frye v. United States , 293 F. 1013 (D.C. Cir. 1923). The District Court held that the legal landscape has changed over the previous decades, as the Legislature has amended relevant portions of Chapter 440 and the Supreme Court has disclaimed jurisdiction over the rules of workers’ compensation proceedings. Ultimately, the court held that Section 440.25(4)(d) is clear and unambiguous; judges of compensation claims have no discretion and no role in determining the admissibility of an EMA’s report or testimony. Section 440.25(4)(d) statutorily mandates that EMA reports and testimony are  admissible , full stop. However, an EMA opinion may be challenged as to its  weight and credibility  and, perhaps, may be argued to be demoted to equal relevance of any other expert medical opinion in evidence. In summary, while the judge of compensation claims erred in applying the  Daubert  standard to determine admissibility of the EMA’s testimony and report, the District Court held that the application of  Daubert  was harmless error. The EMA opinion was ultimately admitted and properly considered by the judge of compensation claims.

December 1, 2025 “Reframing compliance training as a net positive empowers your team and fosters a culture where compliance is a facilitator of innovation.” - Madeline Reigh, PMP, RIMS-CRMP, Director of Enterprise Risk Managment at Mitratech   Beyond meeting regulatory requirements, compliance training for employees builds work environments where ethical choices are understood and valued.   In a KnowBe4 State of Employee Compliance Training Report, nearly half of the respondents identified user engagement as the biggest challenge in delivering compliance training to their organizations. Luckily, there are many methods to keep compliance training for employees engaging with thoughtful design, relevant compliance topics, and consistent tracking progress that shows what works.   The Role of Engagement in Employee Compliance Training Engaged learners retain more and apply it faster. According to a Harvard Business Review survey, 81% of respondents strongly agree that highly engaged employees perform better. When employees participate actively, they understand regulatory obligations, reduce human error, and make better decisions. That translates to fewer incidents, lower risk of legal exposure, and a culture of accountability.   However, when employees find training boring or irrelevant, they are less likely to absorb crucial information, leading to non-compliance and potential legal issues. Insufficient training may result in noncompliance, underreporting of workplace issues, and reputational harm. Make every minute count with targeted content that is role based and practical.   6 Key Strategies To Increase Employee Engagement with Compliance Training Engaging employees in compliance training requires innovative approaches that capture their attention and maintain their interest. From incorporating interactive elements to scenario-based training, these strategies ensure training is not only effective but also captivating.   1. Develop Customizable E-Learning Modules Customizable e-learning modules provide the flexibility to tailor content to specific organizational needs and employee roles. This personalized approach ensures that training remains relevant and engaging for all participants.   Personalize by role and risk. Use microlearning, short videos, and quick checks to educate employees without disrupting work. Clear goals and visible progress motivate learners and improve course completion.   2. Utilize Scenario-Based Learning By immersing employees in realistic scenarios, this method allows them to apply compliance principles in practical, meaningful ways. According to Ohio State University, some of the main benefits of scenario-based learning include: Authentic Narratives and Situations : Uses real-life scenarios to frame key questions or problems. Critical Thinking and Problem-Solving : Encourages analysis and decision-making in low-risk environments. Flexible Time Commitment : Can vary from short tasks (5-10 minutes) to longer activities (30 minutes to an hour). Increased Access and Inclusion : Suitable for diverse learning preferences and can be delivered asynchronously or synchronously, individually, or in groups. Rotate scenarios across data security, anti-harassment training, anti-bribery, and workplace safety training so employees see consequences and best actions.   3. Craft Culturally Conscious Content Recognizing and respecting cultural differences ensures that training is effective and respectful, fostering a more inclusive workplace.   This not only enhances engagement but also builds trust and cohesion within the team, making compliance training more impactful.   As Madeline Reigh, PMP, RIMS-CRMP, Director of ERM at Mitratech, advises, “Know your audience and tailor your training to be relevant. Be culturally conscious; a comment that might seem silly in one country could be offensive in another.”   4. Implement Gamification Methods Gamification transforms compliance training into an engaging experience by incorporating elements like points, badges, and leaderboards. According to Forbes, 90% of sales directors reported a positive impact on sales and revenue from gamification. Imagine applying this powerful tool to compliance training: it could significantly boost participation, enhance knowledge retention, and foster a culture of compliance throughout the organization.   5. Incorporate Interactive Elements Another way to enhance employee engagement in compliance training is by incorporating interactive elements like quizzes, polls, and simulations. These activities encourage active participation, provide immediate feedback, and help employees apply the material in practical scenarios, leading to better retention and effective compliance practices.   6.  Create a Risk-Aware Culture With a stronger, more risk-aware culture, organizations can ensure that compliance training is not just a mandatory task, but a vital part of the company’s ethos, promoting a safer and more compliant work environment. As Reigh aptly states, “Compliance training starts from the top down. When leaders are involved, it helps everyone better understand the context and importance of the training, reinforcing its significance throughout the organization.”   To build a risk-aware culture, it’s crucial to encourage participation at all levels. Leaders should actively engage in the training, setting an example and demonstrating their commitment to compliance. This involvement helps employees see the value of the training and its impact on the organization.   Increase Course Completion By Reducing Friction Remove barriers that derail learning. Short modules that fit the flow of work. Calendar holds and gentle reminders. Clear “why it matters” intros that educate employees on benefits. Small usability wins produce large completion gains.   Read more

Embark on a transformative exploration of safety leadership in this engaging session, where we delve into strategies for cultivating accountability, compliance, and effective auditing practices. Learn how to empower operational managers to become safety advocates and drive performance. Discover methods to navigate the intricate landscape of holding leadership teams accountable for operational excellence, which includes safety and client expectations. Join us as we unravel the art of balancing consistency, adaptability, and thorough auditing in health and safety management systems, leaving you with actionable insights to change your approach. Learning Objectives: Recall the core principles of leadership accountability in operational performance, comprehending its impact on aligning safety with internal and external stakeholders, including regulatory bodies. Apply effective strategies to navigate the multifaceted challenges of holding leadership teams accountable for internal operational performance while meeting client expectations and maintaining compliance through robust auditing. Analyze the intricate balance between consistency and adaptability within health and safety management systems relating to operational excellence and auditing practices. This analysis enables you to make informed decisions that align with organizational values and goals while ensuring compliance. Event type: Live Webinar Cost: Free Date: Oct. 25, 2023 Time: 2:00 PM ET Event Host: OH&S Duration: 1 hour Click here to Register

November 26, 2025 Case File A worker had a preexisting knee problem that was asymptomatic, but the pain he experienced after a workplace injury meant that he had a viable workers' compensation claim for treatment. Simply Research subscribers have access to the full text of the decision.   Case Comas v. Bass Pro Group, LLC, No. 24-290 (W. Va. 11/12/25)   What Happened? A retail worker injured his left knee after he slipped and fell on a wet concrete loading dock at work. X-rays showed the existence of mild degenerative joint disease but no fracture.   Later, a nurse practitioner opined that the worker might have had a medical meniscus tear and advised the worker to elevate the left knee and apply ice. The worker was placed on light-duty restrictions at work, and therapy was ordered and approved by the claim administrator.   An MRI revealed degenerative tearing of the posterior horn of medial meniscus with associated mild cartilage loss and osseous edema.   The claim administrator held the worker's claim compensable for left knee sprain and authorized an orthopedic consultation. The orthopedic physician diagnosed the worker with an acute medial meniscus tear and osteoarthritis.   The claims administrator denied authorization for left knee arthroscopy. The Board of Review affirmed the claim administrator order and, without addressing whether the meniscal tear was related to the worker's work-related injury, stating that the compensable condition of the claim was left knee sprain, surgery was an inappropriate, and the requested treatment was not medically related and reasonably required for the compensable injury.   The Intermediate Court of Appeals affirmed, so the worker appealed to the West Virginia Supreme Court of Appeals.   Rule of Law Under West Virginia law, as announced in Moore v. ICG Tygart Valley, LLC, 879 S.E. 2d (W. Va. 2022), a when a preexisting condition is involved, a claimant's disability will be presumed to have resulted from the compensable injury if:   (1) Before the injury, the claimant's preexisting disease or condition was asymptomatic.   (2) Following the injury, the symptoms of the disabling disease or condition appeared and continuously manifested themselves afterwards.   What the West Virginia Supreme Court of Appeals Said   The court agreed with the worker that unrefuted evidence showed that the meniscus tear was asymptomatic until he fell and twisted his knee at work and that afterword, he experienced continuous pain and swelling despite undergoing conservative treatments.   The court found that the Moore holding required the BOR to consider that the unrefuted evidence showed that prior to the workplace injury, the meniscal tear of the left knee was asymptomatic, and following the injury, the worker experienced continuous pain, swelling, and discomfort.   Verdict : The court reversed the ICA decision and remanded to the BOR.   Takeaway A preexisting injury may not defeat compensability for treatment in West Virginia if it was asymptomatic before the workplace injury but became symptomatic after.

November 25, 2025 As the workforce ages, the workers compensation industry faces a convergence of pressures that include rising claim severity and litigation pitting injury causation against preexisting conditions, with many disputes fueled by a familiar diagnostic flashpoint: magnetic resonance imaging.   Known as an MRI, the tool is effective at diagnosing musculoskeletal injuries and degenerative conditions, yet experts say the technology also introduces gray areas that can complicate claims, inflate costs, prolong claim duration and trigger legal battles over causation.   “There’s always been back and forth around compensability because degenerative situations have always existed, and there’s always been incidents that can or cannot make that condition worse,” said Leah Sharp, Huntsville, Alabama-based senior vice president of clinical services at Gallagher Bassett. She added that the issues are now “more prevalent as the workforce is aging.” “This is certainly an area to watch, as (diagnostics) can convolute and muddy claims management,” said Susan Doering, Scottsdale, Arizona-based director of clinical operations for utilization review at Enlyte.   Over the 10 years leading up to 2033, the workforce is projected to see a 22.4% rise in workers 65 to 74 and a 79% increase in those over 75, according to the U.S. Bureau of Labor Statistics. At Sedgwick Claims Management Services, workers 60 and older had the highest increase in overall new claim volume each year from 2020 to 2024.   As with most accepted work-related injuries, the first task for insurers and employers managing a musculoskeletal claim is to review evidence-based guidelines and work with doctors to understand what they are and why they matter, said Dr. Dorian Kenleigh, Phoenix-based national medical director at MedRisk and a section leader with the American College of Occupational and Environmental Medicine, which provides injury guidelines for states such as California. That organization, along with the equally common Official Disability Guidelines, has established guidelines saying that for most injuries, an MRI typically is not needed in the first six weeks, Dr. Kenleigh said.   That hasn’t stopped the medical profession from ordering the test, primarily when a doctor is not used to working within the scope of workers compensation and may not understand the rules on injury causation, experts said. MRIs can be expensive alone and it’s the cost related to prolonging or complicating a claim can add up, they said. Read more

November 25, 2025 Higher reconstruction costs faced by the commercial property/casualty insurance industry are being driven more by rising labor costs than by materials, according to recent data and industry sources.   While material costs continue to rise because of inflation, and potentially tariffs, labor costs are increasing more steeply because of a supply/demand imbalance, especially among skilled trades such as electricians.   The demand for skilled trades drives up costs because workers can command higher wages. The imbalance predates the current disruptions in U.S. immigration flows and is primarily the result of fewer people entering the trades, sources said.   The competition for qualified labor has been going on for a while, said John Flocco, Denver-based executive vice president, design and construction, for USI Insurance Services.   “That’s been a long time coming, especially skilled labor, skilled trades like electricians, plumbers, heavy equipment operators, masons,” he said.   A robust construction sector, including massive data center projects fueled by the artificial intelligence boom, is creating competition for skilled labor, according to Hunter Bendall, Tysons Corner, Virginia-based national construction practice leader for Marsh McLennan Agency.   “The availability of subcontractor labor is limited,” Mr. Bendall said, and the high margins available on data center projects draw the high-performing subcontractors. Total reconstruction costs in the United States, including for materials and retail labor, increased by 3.8% from October 2024 to October 2025, down from 4.9% during October 2023 to October 2024, according to a recent report from Verisk.   Total commercial reconstruction costs increased 4% over the 2024-2025 period, the report said.   Material costs rose by 2.19%, and combined hourly billable labor costs increased by 4.49%, forming the most significant component of the overall cost increase.   “There still is a shortage on the labor side of things,” even though the number of permits for new construction has declined during the past 12 months, said Greg Pyne, Lehi, Utah-based vice president, Verisk Property Estimating Solutions.   Overall reconstruction cost increases have dropped back to a low-single-digit range typical before the COVID-19 pandemic, according to Trish Hopkinson, associate vice president, Verisk Underwriting and Data Analytics Property Solutions.   “We’re much closer to what we were pre-pandemic, where typically reconstruction costs year over year on average nationally were in the 3% to 4% range. We’re back in that space now,” she said. Pandemic-related disruption caused supply chain delays that pushed up reconstruction costs.   “The demand for skilled labor is causing some of that challenge in the marketplace,” said Matt Wagner, Chatham, New Jersey-based regional vice president, East, for construction at Zurich North America.   “There’s a known retirement bulge for master-level trades and the training pipeline to get people up to that skilled standard for a project site hasn’t necessarily kept pace,” Mr. Wagner said.   The evolving tariff situation has yet to translate into substantial price increases.   Axa XL asked its largest independent adjusters to identify “any tariff-type costs” they may see being added to a claim, said Mark Evans, Hartford-based head of property claims for the insurer.   “I think we’ve only had one example over the last month of something having a higher cost because of a tariff,” he said.   “We’re not really seeing impacts or significant ones anyway, in building costs around things that are impacted by tariffs … those costs haven’t quite flowed through,” said Verisk’s Ms. Hopkinson.   Price increases may eventually come, but it is difficult to forecast with the changing outlook for tariffs, she said.   The tariffs have had a “negligible” effect on material costs so far, said MMA’s Mr. Bendall.   “Back in March or April, everyone was scared that material was going to start to go through the roof. The pricing increases never really came. That’s not to say that they couldn’t come in 2026,” he said. Read more

November 24, 2025 Following the 2024 presidential election, prognosticators predicted that President Donald Trump’s second administration would usher in a significant increase in immigration enforcement by U.S. Immigration and Customs Enforcement (ICE). Those predictions have proven accurate.   During the first Trump administration, ICE dramatically increased worksite enforcement. Between fiscal years 2017 and 2018, worksite enforcement investigations surged by 405%, accompanied by a sharp rise in worksite‑related arrests. The second Trump administration has continued that effort.   Since January 2025, ICE has conducted worksite immigration raids across a wide range of industries, from a specialty beverage manufacturer to car washes. Public reports indicate at least 40 worksite enforcement actions resulting in over 1,100 arrests within the first seven months of 2025 alone. These operations have spanned the nation, from Martha’s Vineyard and Nantucket to Nashville to Los Angeles.   On September 4, 2025, ICE executed its largest single‑site immigration raid to date, detaining 475 individuals at a Hyundai Motor battery plant in Georgia. Thomas Homan, appointed as “border czar,” has signaled a return to an era of heightened worksite enforcement. The increase in immigration enforcement shows no signs of slowing. As a result, employers must proactively prepare for potential ICE actions and understand the legal and cultural obligations and risks involved.   Legal Background The Immigration Reform and Control Act (IRCA) of 1986 requires employers to verify and document the identity and work eligibility of every hire. This process requires employers to obtain an Employment Eligibility Verification Form I-9s from each employee. Employees must complete their portion of the I-9 by the end of their first day of employment, and employers must complete the remaining portion within three business days from the employee’s start date. Applicants and employees without proper documentation are subject to detention and removal. Companies employing undocumented workers may face civil and criminal penalties.   Forms of Worksite Enforcement Worksite Raid ICE may discover a company’s or an individual’s failure to comply by initiating what the agency refers to as “worksite enforcement.” In common parlance, however, this form of enforcement is known as a “raid.” ICE is permitted to enter public areas of the workplace without a warrant. However, ICE can only enter private areas of a worksite for limited purposes, including executing warrants, pursuing a fleeing suspect, and responding to emergency situations where they have probable cause to believe a crime has been committed and relevant evidence may be destroyed. Only a judicial warrant signed by a federal or state judge permits entry into private areas of the workplace to conduct a search. Conversely, an administrative warrant, which is signed by ICE rather than a judge, does not permit the ICE agents to conduct a search of private areas.   Read more

November 24, 2025 The new guidance grants employees and employers “transition relief” until Jan. 1 of the first calendar year after final rules are issued to determine if they fall under a category for exemptions.   The U.S. Department of the Treasury and the Internal Revenue Service issued guidance Friday that will temporarily allow more workers to cash in on the “no tax on tips” and “no tax on overtime” provisions of President Donald Trump’s One Big Beautiful Bill.   Under the 2025 budget reconciliation bill, workers generally can deduct up to $25,000 in tips and $12,500 in overtime from their income. The law provides exemptions from the deductions for workers in certain “qualified trades or businesses” that are categorized as “specified service trades or businesses” — such as health, law and the performing arts. However, “the Treasury Department and the IRS believe that additional guidance is needed to assist employees and employers in determining whether an employer’s trade or business is a specified service trade or business,” according to Notice 2025-69.   The guidance grants employees and employers “transition relief” until Jan. 1 of the first calendar year after final rules are issued to determine if they fall under a category for exemptions, acknowledging that “many of these employers, a significant number of which are small businesses, have not previously had to make such a determination.”   The guidance also grants employers penalty relief for tax year 2025 in providing correct information on qualified tips and qualified overtime compensation to employees.   The IRS has not yet updated tax forms — including Forms W-2, 1099-NEC and 1099-MISC — and “has encouraged employers to provide tipped employees with occupation codes and separate accountings of cash tips to help them correctly claim the deduction for qualified tips for tax year 2025,” attorneys at Ogletree Deakins wrote in an analysis Friday. The guidance also directs employees on how to determine their potential deductions.   Despite the easing of provisions of the law, employers should still prepare for their implementation, Littler shareholders wrote Friday.   “While the IRS does not require strict adherence to the Act’s reporting requirements for tax year 2025, employers should still make every effort to provide employees with a report showing (a) the total amount of cash tips reported; (b) the qualifying tipped occupation; and (c) the amount of qualified overtime compensation paid,” the shareholders said. “After all, employees expect to receive this information from their employers so that they can take advantage of these deductions. Moreover, employers will need to be prepared to accurately calculate the amount of qualified overtime compensation paid in tax year 2026, when the penalty relief will no longer apply.”

November 24, 2025 People can be resistant to change for any number of reasons: the need for familiarity and stability, 
a perceived loss of control, fear of failure, etc.   So, it’s not unusual for safety professionals to encounter pushback to a new rule or initiative – or even a change in personal protective equipment.   “One of the things I like to do to understand people is flip it around a little bit,” said Ron Gantt, vice president of environmental, health and safety at Beale Infrastructure. “You’re going to come and tell me here’s a new way to do this task that you think is better and I should just take your word for it? Why on earth would anyone ever do that?”   Here are five ways to help bring employees around to changes in the workplace. 1. Identify barriers Gantt, who gave a presentation during the 2022 NSC Safety Congress & Expo titled “Why Don’t They Follow the Rules?” said the thought exercise of changing perspectives allows safety pros to anticipate obstacles to employee compliance.   “Rather than asking the question, ‘Why aren’t people doing this?’ you could flip that question around and ask, ‘What makes doing this hard?’” Gantt said. “That will help you identify barriers, which leads to a more actionable conversation.”   2. Gather feedback Along with identifying barriers, asking employees for feedback – and acting on it – is another way to ease the transition into a workplace change.   “I think part of the reason there’s resistance is that there’s not nearly enough input from employees when you’re creating a new rule, introducing a new safety initiative or making other safety improvements,” said Josh Williams, principal consultant at DEKRA, who holds a doctorate in industrial and organizational psychology. “We know we’ve got an issue and we’ve got to figure out a better way to do something. Let’s talk to people actually doing the work.   “That way, they understand the rationale behind the rules. They have more skin in the game, helping to write some of these rules, and this involvement helps them understand [the rules] better. It also leads to better, more practical procedures most of the time.”   Williams offered the example of using helmets, adding that “one size does not always fit all” for many workplace changes. “If you’re going to do helmets – that’s a good initiative – but talk to people,” he said. “When do we need them? When do we not need them? What jobs do and what jobs don’t?   “I think if companies did that better, there would be less resistance.”   3. Get everyone on board When the safety department is the only one leading the change, that’s another stumbling block, according to Williams.   “Then it’s like, ‘Oh, that’s a safety thing. That’s a safety person’s job. That’s a safety issue,’” he said. “No, you’re the plant manager. It’s your job, too.   “I think that helps a little bit with some of the resistance, when people see that it’s not just safety people doing things.”   Williams advocates for leadership to conduct listening sessions with workers affected by changes, calling these sessions “a powerful tool to get some of that input and overcome resistance.”   Another part of getting everyone on board: Look for “safety champions” – or those employees who can help lead the change, act as positive influences and help co-workers.   “I can’t be on the floor all the time, so if one of your peers comes up, can I identify you as someone they can go and ask questions of?” said Clair Reynolds Kueny, department chair and associate professor of psychological science at the Missouri University of Science and Technology.   4. Accentuate the positive Another helpful step for employers, Kueny said, is accentuating the positive rather than just punishing for noncompliance.   Rewards are one way to do that. You can also acknowledge or show appreciation to workers who follow the new procedure or wear the new PPE.   With the opposite approach, “People are going to resist this idea of ‘I wasn’t punished before for doing this and now I’m going to get punished for it,’” Kueny said. “That doesn’t feel good, and it doesn’t make a whole lot of sense from a day-to-day cognitive processing standpoint.”   5. Review Any change process should involve reviews, as in the plan-do-check-act cycle. That’s why regular check-ins with employees are vital, Williams said.   “You’ve got to be vigilant on the back end regularly to make sure things are going well,” he said.   Employers also need to make sure their people have the resources, training and anything else they need to successfully navigate change.   Additionally, it’s important during after-action reviews to look at not only what needs improvement but what’s going well.   “Successes also should have after-action reviews,” Kueny said.     Ultimately, safety pros should remember that resistance can serve as valid information, feedback or concern during times of change.   “Sometimes resistance is viewed as this emotional thing, and emotions are considered irrational,” Kueny said. “Instead of thinking of resistance as something we need to squash down, it’s something we need to meet, understand and then address.”

November 24, 2025 For the 15th consecutive fiscal year, Fall Protection – General Requirements (1926.501) sits atop OSHA’s preliminary list of the 10 most frequently cited standards.   And the number of violations is “likely to grow” when the agency releases finalized data for fiscal year 2025 in the spring, said Eric Harbin, regional administrator for OSHA’s Dallas Region.   Harbin was onsite in September at the 2025 NSC Safety Congress & Expo in Denver to present the preliminary list. One of his main messages was that OSHA wants to help employers get – and stay – in compliance.   “I encourage small and medium-sized employers to reach out to OSHA’s On-Site Consultation Program,” he said. (Note: The federal government shutdown was still in effect when Safety+Health went to press.)   Here, we present the preliminary list, which reflects OSHA Information System data collected from Oct. 1, 2024, through Aug. 12, 2025. You’ll also find the Top 10 standards cited by the highest cumulative proposed penalties, “willful” and “serious” violations, and more.   Read More

November 21, 2025 An immigrant building contractor with a grade-school education has admitted overseeing a far-flung scam that shielded nearly $150 million in construction payrolls from insurance and tax obligations.   Rene Mauricio Escobar, 55, pleaded guilty in Jacksonville’s federal court to conspiring to commit wire fraud and conspiring to defraud the Internal Revenue Service, charges that together can carry a prison sentence as long as 25 years. The case continues a years-long string of prosecutions targeting contractors involved in cheating the IRS and workers’ compensation insurers by lying about the number of tradesmen performing jobs.   Escobar’s scam involved “hundreds of construction contractors, mostly made up of undocumented aliens,” who used paperwork from Escobar’s plastering business to be hired at construction sites, according to a summary of case facts filed at the plea hearing. That filing described the goal of the arrangement as being first “to facilitate the employment of workers who were not legally authorized to work in the United States,” then to avoid costs of workers’ comp insurance and payroll taxes.    Escobar lives in Orlando but the case involved tradesmen at jobsites around the state, including in Jacksonville, Assistant U.S. Attorney Arnold Corsmeier said. A U.S. citizen for many years, Escobar was born in El Salvador and told U.S. Magistrate Judge Samuel Horovitz he left school in the fourth grade because he had to work to provide for his siblings.   State law requires construction workers to be protected by workers’ comp insurance to be employed, and the filing said Escobar and his wife, Juana, took out insurance for “a handful of employees and a minimal payroll” at Escobar Plastering, referred to in the filing as EP.   “They then reached agreements with hundreds of construction subcontractors …  to represent to construction contractors that the subcontractors were employed by EP,” the document said, although insurers weren’t told about those workers. “The subcontractors provided the conspirators with the names of the contractors for which they wanted to perform work and the conspirators sent the contractors COIs,” certificates of insurance that said the tradesmen were employees of Escobar’s plastering business, according to the document.   Employers in Florida also have to verify their employees are legally allowed to hold jobs, which excludes illegal immigrants.   Instead of hiring the subs directly ― and taking responsibility for workers’ immigration status as well as insurance ― contractors sent payroll checks to Escobar’s business, which deducted a 7% or 8% fee and passed the rest on to the workers.   Between 2015 and August 2024, the plastering business handled about $148.8 million in payrolls, keeping $10.4 million in fees, the court filing by the prosecution said.   For payrolls that large, insurance companies would have charged roughly $14.9 million extra in workers’ comp premiums, said the filing.   The document also said the plastering business failed to pay payroll taxes that were due for the hundreds of subs working under Escobar’s insurance certificates. An early version of the filing said that payroll taxes on $148.8 million would have totaled about $37.2 million, but that was scratched through and the final amount owed wasn’t specified.     Escobar’s plea resolves charges against the last of five people indicted simultaneously in Orlando in August 2024 in cases that involved payrolls collectively totaling $292 million.   Escobar’s wife hasn’t been sentenced yet but the other three people, charged in a separate indictment, were sentenced in July to time behind bars ranging from 18 months to 57 months and ordered to pay about $37.4 million in restitution, according to court records.