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.

September 19, 2024 What to know – and do – to be prepared. Workplace emergencies can occur anywhere, at any time.   “Whether you’re a small-business owner or a large-business owner, it’s important to start thinking about the plans that you have in place to prepare for both natural and man-made disasters as soon as possible,” said Jaclyn Rothenberg, director of public affairs and planning for the Federal Emergency Management Agency.   Here’s what you need to know to build an effective workplace emergency readiness plan.   Know the risks “Your safety plan could be the difference between chaos and control,” OSHA says. A risk assessment is a crucial first step.   “You need to know what threats you’re planning for, the likelihood of them and their potential impact,” said Amy Seymour, chief port security and emergency operations officer at Port Houston. “Whether it’s a hurricane, flood, tornado or winter weather, knowing what your organization is up against is key before you create your emergency plan.”   Ready.gov offers risk assessment resources for numerous potential events and hazards, including flooding, earthquakes, hurricanes, landslides and even volcanic activity.   As you begin to envision the potential hazards, think about building-related factors such as construction, processes and possible deficiencies. For example, does your building have a sprinkler system? If not, it’ll be more susceptible to fire damage.   “Each hazard could have many possible scenarios happening within or because of it,” the website states.   Seymour recommends including a diverse group of departments when forming and conducting the risk assessment to boost its thoroughness.   Rick Vulpitta is environmental, health and safety manager at Trialco Aluminum LLC and co-author of the National Safety Council’s “On-Site Emergency Response Planning Guide.” He encourages employers to develop charts related to each possible emergency.   “You want to plan for emergencies before they happen,” Vulpitta said. “Do your research. Contact your fire department and local county government emergency response agency and get a history of the disasters and emergencies during the last 50 years.   “They can assist, too, in learning what happened in the past to help you plan for today and tomorrow. Rate the type, frequency, length and impact it would have on your business’s operation, and then you can start planning how to mitigate each disaster and emergency. You’ll find weather emergencies, electric power, water, food and transportation disruptions will need to be addressed and considered because they’ll cause issues lasting several days to a couple of weeks to return to normal operations.”   Create procedures OSHA’s standard on emergency action plans (1910.38) requires employers to designate and train workers to assist in safe evacuations. Employers also must review the emergency action plan with all workers covered by it.   Organizations with more than 10 employees must develop a written plan, while those with fewer workers can communicate it orally.     Start with simple and clear procedures so that “everybody understands what they need to do,” Seymour said. “Make sure everyone understands their role and responsibilities, and make sure it’s easy to follow. And as an organization grows or as the program itself develops, you can introduce more complexity to it.”   Ready.gov directs employers to form a team to “direct the evacuation of the building and account for all employees outside at a safe location.”   Teams should include a leader, wardens and searchers for each floor, stairwell and elevator monitors, aides for workers with disabilities, and monitors for the assembly area. Additional team members are required for organizations with multiple shifts.   Rothenberg notes that some severe-weather emergencies – such as tornadoes – require workers to shelter in place. Ensure an emergency kit with a flashlight, water and other essential supplies is available. Also, designate a person to monitor news reports for any updates to emergency instructions.   Whether the scenario requires workers to evacuate or move to a designated onsite shelter, employees need regular retraining, Vulpitta stressed. Workers should understand their role in an emergency and how to exit the building in multiple different ways.   They should also know to stay in the designated assembly area so they can be accounted for. Vulpitta said the fire department, before fighting a fire, will conduct a search and rescue if anyone is missing during a roll call. If a worker has evacuated the building but wandered from the assembly site, this could mean additional damage to the facility.   If visitors or contractors are onsite, assist them in evacuating to the assembly area, NSC’s planning guide states.   Communication and training OSHA 1910.38(d) requires employers to maintain an employee alarm system that uses a “distinctive signal” for each emergency.   Experts recommend supplementing alarm systems with additional backup communication, whether through public-address announcements, phone trees, or email or text alerts.   “Communication is critical in any type of emergency,” Seymour said. “Having a person who is in charge of that communication is the most important thing that you can do.   “It’s important to have different approaches so that you can reach more people. If you have a large facility, you’re going to want to have a multifaceted alert system that will help you get that messaging out.”   Experts stress that the communication process must be ongoing throughout the emergency.   “To many people, the fortune is in the follow-up,” Seymour said. “Making sure that you’re communicating the before, the during and the after of the event. Sometimes, people just want to know everything is fine. If there’s something that’s not fine, then you’ll want to make sure that you’re communicating to people the timeline for the recovery and an estimation of when normal operation is estimated to resume.”   Seymour adds that “your communication is only as good as your training.” She recommends employers conduct emergency response training at least annually or as people change key roles or responsibilities. Seymour also supports regular refresher training, including short video clips that allow workers to sharpen their awareness yet keep their attention.   Drills will help keep employees sharp as well, Vulpitta said, as they allow workers an opportunity for repetition and familiarization.   Vulpitta recommends asking the fire department to observe drills and offer input. He also encourages employers to simulate different situations. Hold an evacuation drill without the use of the alarm. This will help develop a stronger plan and give workers the confidence to continue to exit if an alarm goes down.   “The better you can prepare employees, the better they’ll respond in an actual event,” Vulpitta said.

September 18, 2024 Orlando, FL — Although OSHA remains largely a regulatory and enforcement agency, it’s recently started prioritizing safety culture.   Why?   “It’s where the rubber meets the road on how organizations live in the real world,” Andrew Levinson, director of OSHA’s Directorate of Standards and Guidance, said Monday during a presentation at the 2024 NSC Safety Congress & Expo. “We recognize that we can’t get what we need out of safety and health programs without talking about safety culture.”   OSHA is again focusing on safety as a core value. (It was also the theme of agency leader Doug Parker’s keynote presentation on Tuesday.)   Agency efforts aimed at reinforcing the idea include the launch of the Come Home Safe video series, which looks at workplace fatalities and the people affected by them.   “When we talk about safety,” Levinson said, “it’s not usually what’s going on in the workplace that motivates people. It’s, ‘I want to get home to my wife, to my kids, to my husband, to my parents or to my loved ones.’ There are some really gut-wrenching stories. The statistics matter, but they’re not the story.”   In addition, OSHA is developing a leadership toolkit on safety culture and starting “Safety in 5” – essentially a series of toolbox talks.     “There are a lot of industries that don’t use that term (toolbox talks),” Levinson said. “We’re hoping to build out a library of hundreds of these.”   During the session, Levinson also provided a few regulatory updates. It’s a “safe bet,” he said, that OSHA will extend its comment period deadline (Dec. 30) for its proposed rule on heat illness prevention.   He added that the agency’s proposed rules on infectious diseases, tree care, and workplace violence in health care and social settings might appear in four to six months, at the earliest.

September 17, 2024   Younger small business owners seem to be less aware of the importance of workplace safety than older owners, showing an apparent gap between generations in how they approach keeping workers from harm.   A survey from Pie Insurance conducted with more than 1,000 business owners shows 69% of small business owners aged 55 and older have not reported an injury in the workplace in the past five years, while less than a quarter (23%) of younger owners aged 18 to 34 have not reported a workplace injury in the past five years. For owners aged 34 to 54, the figure was 41%.   However, the survey does show the sentiment for improving workplace safety among younger business owners is on the rise, with 47% of younger business owners saying that from the start they would have focused more on safety, employee training and industry risks. That figure is 14% for business owners aged 55 and older.   It’s clear from the survey that younger business owners are taking accountability, and they plan to make improvements in hopes of beefing up worker safety, said Carla Woodard, senior vice president of claims for Pie Insurance.   “I think they’re becoming more and more aware because the cost of doing business is rising, and claims costs, unfortunately, can impact them,” Woodard said.   Half (50%) of all small business owners in the survey said they had a workplace injury claim in the last five years. More than one-in-10 (13%) of business owners said mental stress was the most commonly reported workplace injury.   The industries with the largest volume of claims are the ones that require labor and physical demand, according to Woodard.   “Safety [in these industries] not only requires education and process and how they’re doing their work but also making sure that they control the hazards surrounding any sort of machinery, maintenance, hazardous materials, etc.” Woodard said.   Why are older business owners more tuned into worker safety than younger ones?   “I think a lot of it just has to do with their time and experience in the industries in which they work and own their businesses,” Woodard said. “If you think about it, younger business owners may not have had the same time and experiencing managing risks thinking about things like workplace safety, which unfortunately makes them a bit more prone to overlooking hazards and unsafe practices that a more experienced, tenured business owner might be aware of.”   When asked for their worst workplace safety scenario, many owners cited unforeseen hazards like natural disasters, workplace violence and mental health.   Those fears should prompt more discussions about employee mental health, and being better prepared, Woodard said.   Workplace safety for heatwaves was also a concern, with 65% of business owners having plans in place to address the rising temperatures—35% had no plans to prevent heat-related workplace illnesses and injuries.   Pie Insurance commissioned Yougov PLC to conduct the survey. The total sample size was 1,034 U.S. small business owners, defined by companies with one to 500 employees. The survey was conducted online between Feb. 19 and Feb. 27.

September17, 2024 Orlando, FL — For the 14th consecutive fiscal year, Fall Protection – General Requirements is OSHA’s most frequently cited standard, the agency and Safety+Health announced during the 2024 NSC Safety Congress & Expo.   Scott Ketcham, director of OSHA’s Directorate of Enforcement Programs, presented the preliminary list – which represents OSHA Information System data from Oct. 1, 2023, to Sept. 5 – and S+H Associate Editor Kevin Druley moderated the session from the Learning Lab on the Expo Floor.   “OSHA takes falls very seriously,” Ketcham said during the presentation. “We’re trying to curb this hazard and make inroads to help people understand the standard and requirements.   “Too many lives are lost each year from workers who fall to their death.”   The standards that comprise the Top 10 remained unchanged from FY 2023. However, movement occurred within the ranking. Respiratory Protection, which ranked seventh in FY 2023, climbed three spots to No. 4. Scaffolding, meanwhile, fell four spots to No. 8.   “What’s more precious than our lungs?” Ketcham asked the audience.   The full list: Fall Protection – General Requirements (1926.501): 6,307 violations Hazard Communication (1910.1200): 2,888 Ladders (1926.1053): 2,573 Respiratory Protection (1910.134): 2,470 Lockout/Tagout (1910.147): 2,443 Powered Industrial Trucks (1910.178): 2,248 Fall Protection – Training Requirements (1926.503): 2,050 Scaffolding (1926.451): 1,873 Personal Protective and Lifesaving Equipment – Eye and Face Protection (1926.102): 1,814 Machine Guarding (1910.212): 1,541   “While incredible advancements are made in safety each year, we continue to see many of the same types of violations appear on OSHA’s Top 10 list,” said Lorraine M. Martin, president and CEO of the National Safety Council. “As a safety community, it’s critical we come together to acknowledge these persistent trends and identify solutions to better protect our workforces.”     Immediately after Ketcham’s presentation, Mark Chung, executive vice president of safety leadership and advocacy at NSC, and Ken Kolosh, the council’s statistics manager, presented “The Injuries Behind the Fines.”   Kolosh emphasized that the Bureau of Labor Statistics data be presented   isn’t a one-to-one relationship, that it’s provided for illustrative purposes – not benchmarking. He went on to say that the “injuries and fatality events are provided as examples that may be associated with the violation.”   Using the Top 10 list, Chung said the BLS data shows that falls accounted for 865 workplace fatalities in 2022. Of those, 700 were the result of a fall to a lower level.   Other reported causes of death in 2022, per BLS: Transportation incidents: 2,066 Workplace violence: 865 Overdose: 525 Exposure to electricity: 145 Forklift, order picker, platform truck – Powered: 73 Caught in running equipment or machinery during maintenance or cleaning: 54 Caught in running equipment: 35   “There have been increasing numbers of overdoses,” Chung said. “We need to keep an eye on this and deploy proper countermeasures.”

September 13, 2024 New long-term injury data collected across multiple companies revealed significantly reduced muscle fatigue and strain complaints when exosuits were worn according to manufacturer HeroWear.   Exosuits are a type of exoskeleton — wearable devices that augment, enable, assist, and/or enhance physical activity — made primarily from soft, flexible materials.   After deploying its Apex 2 exosuits at multiple distribution centers in the United States, worker injury data from over 280,000 hours of work were collected and analyzed. The dataset is equivalent to 140 full-time employees working for one year while regularly wearing exosuits, encompassing an estimated 50-60 million lifts by workers.   The study found that zero back injuries were reported among workers wearing exosuits.   Additionally, exosuit users reported a 25 percent decrease in work-related bodily discomfort and a 20 percent reduction in work-related fatigue on average.   Before the exosuit rollout, the distribution centers estimated 10.5 back injuries throughout this period based on historical injury rates.   “These are exciting results for companies looking to reduce injury risk for their workers. Our clients are committed to both protecting their people and saving healthcare costs,” said HeroWear Chief Executive Officer Mark Harris. “We are encouraged to see our users are not just safer at work, but their quality of life is improving. Users report they are less sore at work and less tired at the end of the day, with many describing that they are using this additional energy to spend more time doing things they love.”   Previously, there was little long-term injury data regarding industrial exoskeleton or exosuit use even though use of the device is rapidly emerging across industries to reduce back strain.   Academic and industry studies have validated the effectiveness of HeroWear’s exosuits, which typically take 20-40 percent of the load off the user’s back muscles as they perform repetitive bending and lifting motions.     “People have been asking for longitudinal data on exosuits for years, so we were excited to gather and share this injury data reported by clients,” said Dr. Karl Zelik, HeroWear co-founder and chief scientific officer.   “These and other clients seeing success are expanding and rolling out exosuits with more workers and at additional sites. We are very data-centric and plan to keep collecting data for millions of hours. We will keep learning, sharing, and focusing on how exosuits impact injury rates over time, across different sites, and industries.   So far, results have been outstanding, and we’re thrilled this technology can help people do their jobs safely and without sacrificing their bodies.”

September 12, 2024 A new study focuses on how pivotal moments in the workplace can have a significant impact on the employee experience.   HR Acuity, an employee relations case management and investigations software provider, found four specific experiences that can hurt or help an employer when it comes to employee workplace perception.   The study, “2024 Rethinking Employee Experience: Four Critical Overlooked Moments,” surveyed 2,206 U.S. employees from a cross-section of industries, organizational sizes and demographics.   The first relates to leaves of absences, which are on the rise . Since 2023, 40 percent of survey respondents took a leave of absence to address medical concerns, family care or mental health issues.   Of the employees who went on leave, only 36 percent of employees were likely to refer their employer as a great place to work. When the leave was handled well, the referral rate increased to 48 percent. This suggests that compassionate processes from intake through aftercare are crucial to maintaining employee trust and protecting brand reputation, the study found.   Harassment and misconduct continue to be an issue in the workplace . Forty-one percent of employees experienced or witnessed inappropriate, unethical or illegal behaviors since the start of 2023.   The survey founds 50 percent of employees experienced or witnessed misconduct or harassment when working remotely, up 32 percentage points from HR Acuity’s 2023 Workplace Misconduct Study.   At the same time, reporting rates for inappropriate, unethical or illegal behavior remain high, the study found. Seventy-five percent of respondents who witnessed an incident went on to report it.   For those who experienced misconduct or harassment, the reporting rate jumped to 85 percent.   One in four employees did not report bad behavior, according to the study, citing a lack of trust that their company would handle it appropriately (52 percent), feeling that the matter wouldn’t be taken seriously (44 percent), or a fear of retaliation or reputation damage (43 percent).   Employees exposed to harassment or misconduct were more likely to recommend their employer when their reported issue was investigated and resolved (51 versus 36 percent).   Layoffs, reductions in force and restructurings were found to have a larger impact on the entire workforce—not just those impacted, the study noted. Potential gaps in communication and support for remaining employees through times of transition should be identified and addressed.   Of those who lost jobs, were reassigned or experienced reduced hours (69 percent) felt the situation was well-handled.   More than half of unaffected employees (56 percent) were less likely to agree the situation was handled well, indicating that support for the remaining staff during times of transition is worth the investment.   Only 23 percent of respondents gained trust in their employer based on their experience, the study found, suggesting opportunities to improve workplace communication and transition processes.   “Today’s workforce expects trust, transparency, accountability and flexibility from their employers. Yet, our survey found that organizations are missing the mark on providing effective support and follow-through care during critical employee moments. This has huge implications on loyalty, referral rate, brand reputation and retention,” said Deb Muller, CEO of HR Acuity.

September 4, 2024 Annual workers’ compensation rate cuts in the double digits have become routine in almost every U.S. state in recent years. That trend may have now come to an end in Florida, where the National Council on Compensation Insurance is recommending a 1% average decrease for the voluntary market. It’s the smallest decrease in more than seven years. The NCCI said the rate, if approved by Florida’s Office of Insurance Regulation, is largely the result of higher reimbursements for physicians, starting in January 2025. Florida lawmakers, with Senate Bill 362 , earlier this year approved a new workers’ compensation maximum reimbursement plan for physicians for the first time in years, allowing a big jump in pay for doctors – from 110% of Medicare’s reimbursement schedule to 175%, in many instances. Surgery rates will climb from 140% to 210% of Medicare’s reimbursement, the law reads. The new fee schedule can be accessed here . State law requires legislative review when changes affect businesses’ bottom lines by more than $1 million, statewide, and lawmakers had declined to ratify the reimbursement manual until recently. A health care provider reimbursement manual  was approved by Florida legislators in 2023. “NCCI estimates that SB 362 will result in an impact of +5.6% on overall workers compensation system costs,” the NCCI said in a summary of the proposed rate change. “Excluding the impact of this bill from the filing would result in a revised overall rate decrease of –6.4% as opposed to the filed –1.0% change.” The smaller rate decrease may come as a relief to some roofing contractors, who last year worried that repeated cuts were overlooking safety concerns in the industry and could ultimately lead to higher rates or potential revenue problems for self-insureds. In the last half-decade, Florida has seen average rate decreases of 15.1% for 2024; 8.4% for 2023; 4.9% for 2022; 6.6% for 2021; 7.5% for 2020; and 13.8% for 2019. The 2025 rate recommendation was based partly on data from policy years 2021 and 2021. The NCCI, which recommends rates and loss cost decreases for 38 states, said that lost-time claim frequency has continued to decrease in Florida and most states. Across the country, claim severity changes have been moderate. “The continued focus on worker safety and technological advancements are regarded as contributing to fewer workplace injuries over time,” the summary noted. “The latest medical severity change aligns with projected medical inflation, while indemnity severity tracked with changes in average weekly wages.” The council last week offered a webinar  explaining its new weighted medical price index, along with a report  on medical inflation.