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TALLAHASSEE, FL – Three construction contractors might have prevented the death of a 31-year-old laborer who suffered fatal injuries after falling while installing roof trusses at a Tallahassee work site on Aug. 17, 2022, a federal workplace safety investigation has found. The U.S. Department of Labor's Occupational Safety and Health Administration determined the employee of Big Hammer LLC was installing roof trusses and attempting to upright the truss after a crane released it, causing the worker to fall 12 feet to the ground. The laborer suffered critical injuries and was transported to a local hospital where they died later that day. After investigating multiple employers at the site, OSHA issued citations to the project's prime contractor, Mad Dog Design and Construction Company Inc., and subcontractors, Big Hammer LLC and Forgotten Coast Crane Service Inc. "A worker's life was needlessly lost because the employers did not follow required construction safety procedures," said OSHA Acting Area Office Director Scott Tisdale in Jacksonville, Florida. "Employers must never overlook fundamental industry safety procedures, such as safety communication and fall protection systems. Ignoring them puts workers at risk and can lead to tragedies like this one." Read more here.

Through the first month of 2023, OSHA signaled to employers that enforcement is an agency priority and that it will use a full range of mechanisms to hold employers accountable for workplace health and safety violations. As a result of these developments, employers should expect to see increases in inspection activity and resulting penalties. OSHA Regional Administrators and State Plan Designees have expanded authority to issue an “instance-by-instance” citation for other-than-serious violations of OSHA standards specific to recordkeeping and “high-gravity” serious violations of OSHA standards. Read more here.

The National Council on Compensation Insurance has laid down the law, requiring Florida workers’ compensation insurers to verify employees before arbitrarily charging premium for subcontractors’ exempt officers. The question now is, will insurers abide or will they choose to ignore the concerns that some Florida insurance agents and consultants have raised over the last few years. “This has more meat on the bones now and requires carriers to do something. It’s a fair solution for all, I believe,” said Frank Pennachio, a workers’ comp consultant who advises the Florida Association of Insurance Agents and other groups around the country. Click to read more.

When a cumulative trauma claim is filed with an employer the approach should be much the same as with all claims, experts say: If the claim is accepted, worker advocacy is often the best medicine. “Injured worker advocacy and support early in the cycle of the claim is critical,” said Jennifer Cogbill, Frisco, Texas-based senior vice president of GBCare with Gallagher Bassett Services Inc. The advocacy approach typically involves supporting the worker with improved communication and guidance — the aim is to establish a collaborative relationship instead of one that might be deemed adversarial, according to experts. Click to read more.

Injuries to body parts that are caused by repetitive motion, frequent exposure to sounds, chemicals or even vibrations are among the most perplexing in the workers compensation sector. Injuries to body parts that are caused by repetitive motion, frequent exposure to sounds, chemicals or even vibrations are among the most perplexing in the workers compensation sector. Click to read more.

Seeking to improve accountability among employers who repeatedly violate workplace safety and health rules, the U.S. Department of Labor announced Thursday that the Occupational Safety and Health Administration will change the way it cites companies to ensure greater compliance. OSHA says its administrators will now have the authority to cite certain types of violations as “instance-by-instance citations” for cases where the agency identifies “high-gravity” serious violations of OSHA standards specific to certain conditions where the language of the rule supports a citation for each instance of non-compliance. The agency said in a statement that it is also discouraging its administrators not to group violations, “and instead cite them separately to more effectively encourage employers to comply.” Click to read more.

MANATEE COUNTY, Fla. (WWSB) - The Manatee County Sheriff in cooperation with The Division of Investigative and Forensic Services with the Florida Department of Financial Services, and The Department of Business and Professional Regulation conducted a joint Workers’ Compensation Fraud/ Unlicensed Contractor operation. The operation began on Jan. 24 and concluded on Jan. 25. Investigators were sent in to address unlicensed contractors who are working without the required contractor license and engaging in construction class work without the required workers’ compensation insurance exemptions. In total, 7 offenders were arrested and 2 direct files for Failure to Obtain Workers Compensation Coverage and Unlicensed contracting. Click to read more.

Workers’ compensation medical facility payments grew across all facility types and all U.S. regions during the past decade, with facilities costs constituting the largest driver of overall comp cost changes, according to a report released Wednesday by the National Council on Compensation Insurance. Nationwide, facility costs made up about 40% of all comp costs and increased by about 3% per year on average during the past 10 years, Boca Raton, Florida-based NCCI said. The report is the second in a planned four-part series examining the impact of macroeconomic factors such as inflation on overall comp medical costs. The new research shows that costs per workers’ comp claim paid to medical facilities grew 3.3% annually over the past decade. Click to read more.

Physician dispensing of medications has long been a flash point in workers’ compensation insurance, with at least 22 states regulating or restricting the practice. Florida is no exception to the controversy, and stakeholders on both sides of the issue joined renewed debate last week with testimony from injured workers, doctors, lawyers and insurance industry representatives. “The workers’ compensation system is a challenging system to negotiate, not only for patients but also for physicians. The last thing they need is to go ahead and put another barrier in between the patient and the physician,” said Dr. David Perloff, a cardiologist in Fort Lauderdale. Click to read more.