May Resources from Sedgwick - OABA Member Service Partner

OABA is pleased to partner with Sedgwick to offer members quality service and stability through the complex workers’ compensation environment. Check out this update from Sedgwick regarding Contractor Safety and Industrial Commission Update.

Contractor Safety

Contractors provide a number of services for companies including building renovations, electrical work, machine maintenance, new building additions and machine installation.  With these services, it is paramount that both the contractor and host employer take the necessary precautions to keep all employees safe during these activities.  The Occupational Safety and Health Administration (OSHA) suggests that safety is a two-way street when working with contractors.  This means the responsibility falls on both parties.  Safety is elevated when employers and contractors establish systems to coordinate their efforts and communicate to provide all workers equal protection against hazards. Whether contractors are new to your organization, or you’ve been working with them for years, consider the following practices:

Pre-Qualification and Selection

One way to determine a contractor’s safety level is to evaluate their safety records. Safety records will help identify a company’s commitment to safety and may uncover some dangerous practices.  Request injury and illness records, injury rates, safety certifications and safety training programs.

Safety Orientation and Training / Worksite Hazard Identification / Emergency Procedures

Collaborate with contractors to identify and assess workplace hazards.  Conduct site inspections and risk assessments to mitigate potential risks and ensure a safe work environment.  Provide thorough safety orientation and training to contractors before they begin work.  It is essential they understand workplace hazards, emergency procedures and proper safety protocols within your facility.

Personal Protective Equipment (PPE):

Once a worksite hazard evaluation is complete, ensure contractors use appropriate PPE for their tasks.  Perform periodic inspections to validate the proper usage of PPE.  Promptly address any concerns to your contact if there are issues.  

Safety Meetings and Communication:

Depending on the length of the contractor’s project, conduct regular safety meetings.  Safety meetings are a great way to discuss safety concerns, updates, changes and best practices. Always encourage open communication channels to address safety issues promptly.

Incident Reporting and Investigation:

Establish clear procedures for reporting and investigating safety incidents involving contractors. Encourage prompt reporting of near misses, injuries or hazardous conditions to prevent future incidents.

Documentation and Record-Keeping:

Maintain accurate records of safety training, orientation, inspections, incidents and contractor compliance documentation.  This information is valuable for audits, regulatory compliance and future references.  Review the information with your leadership team to discuss potential changes on upcoming projects.  

Some other considerations when working with contractors include security / access control, restricted areas, understanding written obligations within the contract / agreement and performance evaluation. 

Ensuring contractor safety in the workplace is essential for maintaining a secure and healthy environment for everyone involved.  By implementing these measures and fostering a culture of safety, organizations can effectively manage contractor safety in the workplace, protect the well-being of all individuals and mitigate risks associated with contractor activities.

If you need help identifying potential hazards in your workplace, please contact Andy Sawan, Risk Services Specialist at Sedgwick at andrew.sawan@sedgwick.com or 330-819-4728.

Industrial Commission Update: Temporary Total Compensation (TT) and Maximum Medical Improvement (MMI) 

The Ohio Supreme Court recently issued a decision that relates to the date that temporary total compensation (TT) should be terminated when the Industrial Commission deems that an injured worker has achieved maximum medical improvement (MMI).   In the case of State ex rel. Dillon v Industrial Commission, it was determined that employers are now permitted to request that the Industrial Commission (IC) terminate TT effective the date of the medical exam that determined the injured worker to be at MMI.   

Prior to this decision, the date of TT termination typically would be designated as the date that the IC hearing took place to address this issue.   With the implementation of Dillon, the IC will now have to determine if TT is payable beyond the date of the MMI exam, which typically takes place one to two months prior to the Industrial Commission hearing that determines whether an MMI finding is appropriate.   

So what does this decision really mean for you, as the employer?  From a financial perspective, if there is a finding of MMI by the Industrial Commission effective the date that the examination took place and there was temporary total compensation paid beyond that exam date, the Bureau of Workers’ Compensation will need to review to determine if an overpayment exists.   If the IC uses a date other than the date of the exam to render an MMI finding, then you will want to review this with your assigned claims team to determine what appeal options may be available to you.

It is important to remember that this change is a legal change and therefore any presentation to the Industrial Commission asking that they apply Dillon to MMI date should be made by your legal counsel.   Your claims team at Sedgwick is here to assist you with the financial implications of the result so that you can make an informed decision on your next steps in either accepting the IC decision or filing an appeal.

If you have any questions, contact our Sedgwick program manager, David Deyo, at 614-318-5516 or david.deyo@sedgwick.com.

Learn more about Sedgwick!

Did you know that many alternative discounts are available to help reduce your annual Ohio workers’ compensation costs? Through the OABA workers’ compensation program, your organization can significantly reduce your workers’ compensation costs through a variety of alternative rating programs. Our program, administered by Sedgwick, offers you quality service and stability through the complex workers’ compensation environment.

For over 50 years, Sedgwick has been helping employers navigate Ohio’s workers’ compensation system, providing services to help them control claim-related costs and reduce premiums. Our team includes the experienced colleagues from CompManagement and CareWorks Comp.

Learn more about how Sedgwick can help your company save significantly on your workers’ compensation premium by visiting www.oaba.net/services_workers_comp.