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November 1, 2024   London — Around half of workers who’ve been harmed on the job in the past two years didn’t report it, according to a new report from Lloyd’s Register Foundation.   For the independent global safety charity’s World Risk Poll, researchers from management consulting and research company Gallup conducted nearly 147,000 interviews in 142 countries and territories, asking workers about their experiences with and perceptions of harm on the job.   Almost 1 out of 5 of the workers (18%) – which equates to roughly 667 million workers worldwide – have endured serious harm on the job in the past two years. Notably, 49% of such cases go unreported.   Why the reluctance? The report cites factors including fear of reprisal, lack of management responsiveness, obstacles in recordkeeping and belief that pain “is an ordinary consequence of some jobs.”   Additionally, 62% of the workers said they’d never received safety and health training, including 80% of those employed in agriculture.   “The more recently people have had training, the more likely they are to report workplace harm if they experience it,” the report states.   In a press release, Martin Cottam, chair of ISO Technical Committee 283 on Occupational Health and Safety Management, calls the findings in that portion of the report “sobering reading for all those working to encourage better occupational health and safety performance, as they highlight the scale of the ongoing challenge.”   He added: “Amid all the discussion about the plethora of tools and methods available to reduce harm, it is shocking to be confronted with the fact that a majority of the global workforce has never received any occupational safety and health training.”   In a recent blog post on the report, Sarah Ischer – environmental, health and safety manager at the National Safety Council – encourages open communication and the implementation of comprehensive training programs in workplaces.   “By doing so,” Ischer writes, “organizations can not only protect their employees but also empower them to thrive in a safe and productive environment.   “In the end, safety is not just about minimizing risks; it’s about fostering a workplace where everyone feels secure and engaged – ultimately driving success for all.”

October 28, 2024   More than 100 people were arrested late last week in storm-ravaged Pinellas County, Florida, charged with looting homes and working as unlicensed contractors, two weeks after Hurricane Milton forced many residents to evacuate.   Pinellas County Sheriff Bob Gualtieri said that deputies on patrol arrested 45 people on Madeira Beach, near St. Petersburg, and charged them with burglary, loitering, grand theft, armed robbery and vandalism, according to local news reports and the sheriff’s office. Many of the homes were vacant after homeowners left the area before Miltion hit Oct. 9.   Most of those arrested were not from the area and many were not U.S. citizens and were believed to be illegal immigrants, the sheriff said at a news conference.   Detectives in the same area also arrested more than 60 people in a three-day undercover sting operation that targeted unlicensed construction work. The suspects held themselves out to be licensed contractors, offering to do roofing, plumbing, electrical and other work, Gualtieri said, according to the Tampa Bay Times and WUSF public radio station.   It was unclear if some of the alleged perpetrators were charged with both sets of offenses, or if repair work had been completed on the properties, or if homeowners had used insurance claims proceeds to pay the workers.   State officials for weeks have warned Florida residents affected by Hurricanes Helene and Milton to beware of looters and unlicensed repair workers in the wake of the storm damage. And Gualtieri said similar reports of looting and unlicensed contracting had come from other barrier islands in the area.   “Our effort to protect the community has not stopped with these hurricanes’ direct impact,” the sheriff said in a statement posted online. “We are now focused on protecting our residents and our businesses who are desperate to rebuild and get on with their lives.”

October 24, 2024 Jacksonville, Florida – United States Attorney Roger B. Handberg announces the return of two indictments charging Eduardo Anibal Escobar (44), Carlos Alberto Rodriguez (45), Adelmy Tejada (56), Rene Mauricio Escobar (53), and Juana Nelida Escobar (45), all residents of Orlando, with conspiracy to commit wire fraud and conspiracy to commit tax fraud.   Each wire fraud count carries a maximum penalty of 20 years in federal prison and each tax fraud count carries a maximum penalty of 5 years in prison. The indictments also notify the defendants that the United States intends to seek forfeiture of a total of at least $19 million as well as five residential properties located in Orlando, which are proceeds of the alleged wire fraud offenses.   According to the indictment, the defendants established companies that purported to supply labor for construction contractors. Florida law requires any business that engages in construction work to secure and maintain workers’ compensation insurance. The defendants applied for workers’ compensation insurance policies to cover a few employees and a minimal payroll.   The defendants then entered into agreements with construction work crews, often consisting of undocumented aliens, pursuant to which the defendants submitted paperwork to construction contractors to obtain work for the work crews, falsely representing that the workers were the companies’ employees. The workers then performed construction work under the supervision and direction of the contractors.   The contractors wrote payroll checks to the defendants’ companies for this work and provided the checks to work crew leaders. The checks were deposited into bank accounts in the name of the defendants’ companies and the defendants withdrew cash, and sometimes wrote checks for the workers’ pay and provided the cash and checks to the work crew leaders. However, before turning over the payroll, the defendants deducted a 6% to 8% fee for their services.   The funneling of payroll from the contractors to the work crews in this way allowed the contractors and the work crews to disclaim responsibility for ensuring that required payroll taxes were paid, that adequate workers’ compensation insurance was provided, and that the workers were legally authorized to work in the United States. During the period of the alleged conspiracy, the defendants deposited more than 46,000 payroll checks totaling more than $292 million, of which the defendants kept at least $19 million in fees. No one—neither the contractors nor the work crews nor the defendants or their companies—remitted payroll taxes, such as Social Security and Medicare taxes and federal income tax, to the IRS. According to the IRS, the unpaid taxes on the payroll total at least $52 million.   The defendants also cheated the workers’ compensation insurance companies out of premiums. If the insurance companies had known that the policies were going to be used for more than $292 million in payroll, they would have charged additional premiums totaling at least $28 million.   An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.   This case was investigated by Homeland Security Investigations, the Internal Revenue Service –Criminal Investigation, and the Florida Department of Financial Services. It is part of a continuing investigation by those agencies on the use of shell companies and “ghost” employees in the construction industry. It will be prosecuted by Assistant United States Attorney Arnold B. Corsmeier. The asset forfeiture is being handled by Assistant United States Attorney Jennifer M. Harrington.

October 23, 2024   On October 15, 2024, the Solicitor of Labor of the U.S. Department of Labor (DOL) published a “Special Enforcement Report” declaring the DOL’s intention to oppose and deter seven contractual provisions that the DOL describes as “coercive.”   For those unfamiliar with the position, the Solicitor of Labor (SOL) serves as legal advisor to the DOL and is authorized to sue employers for violations of laws enforced by the DOL.   The contract provisions the SOL is targeting are as follows: Provisions requiring workers to waive rights under wage and hour laws Misclassification of workers as independent contractors Indemnification provisions that shift liability to workers “Loser pays” provisions “Stay-or-pay” provisions Confidentiality, non-disclosure, and non-disparagement provisions Requirements that workers report safety concerns to their employer before contacting a government agency   Here is the crux of the provisions the SOL takes issue with and why: Read more

October 21, 2024   Pointing to issues such as heavy demand for repairs after hurricanes and an increase in young, inexperienced workers, a roofing-contractors industry group last week argued against lowering workers’ compensation insurance rates for roofers.   Leaders of the Florida Roofing and Sheet Metal Contractors Association urged state regulators to freeze the roofing industry’s rates, rather than approve a decrease that would take effect in 2025.   The arguments came during a hearing held by the Florida Office of Insurance Regulation to consider a proposal to reduce rates for employers by an overall average of 1 percent.   While it might seem counterintuitive for an industry group to oppose reducing rates, leaders of the roofing contractors association — which has a self-insurance fund — expressed concerns about stability and a potential increase in future claims.   Read more

October 9, 2024   Gallagher report reveals the growing risks heat waves and air pollution pose to the health and safety of outdoor workers.   An estimated 1.6 billion people, over a quarter of the global population, worked outdoors in 2022. However, the increasing frequency and intensity of heat waves, coupled with deteriorating air quality, are making outdoor work increasingly perilous in many parts of the world, according to a recent Gallagher Spotlight report.   Heat waves are becoming more common, intense, and prolonged. In the U.S., their frequency has increased from an average of two heat waves per year during the 1960s to six per year during the 2010s and 2020s, the report noted.   Additionally, heat is the deadliest weather-related hazard in the U.S., causing more fatalities annually than hurricanes, floods, or tornadoes. From 1992 to 2022, a total of 986 workers across all industry sectors in the U.S. died from exposure to heat, according to data from the Environmental Protection Agency.   Some estimates claim as many as 2,000 worker fatalities in the U.S. each year are linked to heat, with up to 170,000 workers injured in heat stress-related accidents, according to the report.   In addition to rising temperatures, the growing frequency of heat waves feeds into the degradation of air quality as wildfires increase in both frequency and intensity, causing smoke particulates and respiratory issues.   “I am concerned about the impact of the recent wildfires on people’s health. I believe there must have been a significant number of people affected by the smoke from wildfires, not only in Canada but also in the U.S.,” said Steve Bowen, chief science officer at Gallagher Re. “The smoke from large fires can travel thousands of miles and affect people globally. It’s even been reported that soot from the Canadian fires reached parts of Europe.”   Read more

With the introduction of the Pregnant Workers Fairness Act (PWFA), a monumental shift has been made in U.S. labor laws. Designed to offer stronger protections for pregnant workers, the Act stipulates several crucial employer requirements. Let's delve into these obligations, exploring what they mean for businesses and employees alike. At its core, the PWFA mandates that employers provide "reasonable accommodations" for workers affected by a pregnancy, childbirth, or related medical conditions unless these accommodations cause "undue hardship" to the employer. But what exactly does this mean? A "reasonable accommodation" can include anything from temporary adjustments in work hours or duties, to providing additional breaks, a stool or chair for sitting, or time off to recover from childbirth. In essence, any alteration that allows a pregnant worker to perform her job safely and comfortably could fall under this umbrella. The PWFA introduces an 'interactive process' requirement. The employer and employee must engage in a good-faith dialogue to find suitable accommodations that meet the worker's needs. This process aims to ensure accommodations are individualized and effective rather than one-size-fits-all. The concept of "undue hardship" is defined as an action requiring significant difficulty or expense. Factors such as the cost of the accommodation, the employer’s size, financial resources, and the nature of the employer's operations are all considered in determining whether an accommodation would impose an undue hardship. The PWFA prohibits employers from discriminating against pregnant workers by denying job opportunities, failing to reinstate the employee to her original position or an equivalent one when the need for accommodations ceases, or forcing employees to accept unnecessary accommodations. It also explicitly forbids employers from retaliating against employees for requesting accommodations. Importantly, the PWFA stipulates that employers cannot force a pregnant worker to take paid or unpaid leave if another reasonable accommodation can be provided. This sets the PWFA apart from many prior laws and is essential for working women who can’t afford to take extended unpaid leave or want to continue working. Employers also need to be aware that the law protects all employees and job applicants, regardless of whether they work part-time or full-time. This is a significant advance over previous laws that often did not extend protections to part-time workers. Furthermore, the PWFA demands that employers inform all employees, including job applicants, of their rights under the Act. They should post notifications detailing PWFA rights in conspicuous places at the worksite and include such information in employee handbooks or other distribution channels used to circulate personnel policies. Summary In summary, the PWFA's requirements represent a significant paradigm shift in how employers accommodate pregnant workers. While this might seem challenging at first, it's important to remember that these regulations are in place to foster a more inclusive and equitable work environment. Employers should view compliance not as a burden but as an opportunity to demonstrate their commitment to the welfare of their employees, thus nurturing a more diverse, compassionate, and productive workplace. By implementing and adhering to the PWFA, businesses can play a critical role in driving societal progress and breaking down barriers for pregnant workers today and future generations. Work Comp Associates can help your company. Contact us to make your policy easy to manage and help you save money.

Balancing school, work, and personal life can be challenging for teenagers. While working during the school year can teach responsibility and provide valuable experience, it’s essential to ensure that teen workers remain safe and focused on their education. To protect teens, there are strict laws and guidelines that regulate the number of hours they can work, the types of jobs they can perform, and the conditions under which they work. Understanding these rules is crucial for employers, parents, and the teens themselves to maintain a healthy balance between school and employment.   Federal and State Labor Laws In the U.S., the Fair Labor Standards Act (FLSA)  governs the employment of minors. Additionally, many states have their own laws, which can impose even stricter limits on teen employment. If federal and state laws differ, the stricter law applies. Here’s a breakdown of work limitations based on age: Teens under 14 : In most cases, children under 14 are not allowed to work, except for jobs like babysitting, delivering newspapers, or working in a family-owned business. Teens aged 14-15 : During the school year, teens in this age group have limited hours they can work. They may work: No more than 3 hours on a school day No more than 18 hours during a school week Between 7 a.m. and 7 p.m. (extended to 9 p.m. from June 1 to Labor Day) Teens aged 16-17 : Although they have fewer restrictions than younger teens, those aged 16-17 still cannot work in hazardous environments. They can work unlimited hours, but local school attendance laws may influence their work schedules. Employers need to be aware of the rules set by both federal and state laws and ensure they comply to avoid penalties and fines.   Safety on the Job In addition to work-hour restrictions, safety in the workplace is a top concern. Teens are often new to the workforce and may not have the experience needed to identify potential hazards. Here are some guidelines for maintaining a safe work environment for teen employees: Job Restrictions : Certain hazardous jobs are off-limits to teens, such as operating heavy machinery, working with power-driven tools, or handling hazardous chemicals. Employers must be aware of these restrictions and assign tasks that are age-appropriate. Proper Training : Employers should provide thorough training on workplace safety, job duties, and emergency procedures. This training should be reinforced with clear instructions and supervision. Adequate Supervision : Teens must have adult supervision while on the job, especially when they are new to the role. Supervisors should ensure that teens are following safety protocols and not overexerting themselves. Breaks and Rest Periods : Teens are more susceptible to fatigue, which can increase the risk of accidents. Employers should ensure that teen workers receive proper breaks and do not overwork during their shifts. The Importance of Education Education should always take priority for teens working during the school year. Research shows that working more than 20 hours per week can negatively impact a teen’s academic performance. Balancing work and school is crucial for their long-term success. Employers, parents, and teens should collaborate to ensure that work schedules are manageable and do not interfere with academic responsibilities. Here are some tips for maintaining balance: Flexible Scheduling : Employers should offer flexible hours to accommodate school activities and homework. Communication : Parents should regularly check in with their teens to ensure they are not feeling overwhelmed by the demands of work and school. Focus on Goals : Teens should remember that work is a stepping stone, but their education is key to future career opportunities. Encouraging them to stay focused on school can prevent them from taking on too many hours at work. Conclusion While part-time work can be a valuable experience for teens, it’s essential to strike a balance between work, school, and personal well-being. By adhering to labor laws, ensuring a safe work environment, and prioritizing education, teens can gain valuable skills while staying healthy and safe. Employers and parents play an essential role in supporting teen workers during the school year, ensuring that their work experience is positive and contributes to their growth rather than overwhelming them.