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Wellness and Safety News from the Week of Oct. 19

22 Oct, 2018 WorkersCompensation.com

                               

Regulatory Roundup is a weekly compilation of employee wellness and safety news. You can read the full article by clicking the titles below.

The Occupational Safety and Health Administration (OSHA)

OSHA clarifies stance on incentive programs and post-incident drug testing
OSHA published a memorandum to clarify its position on safety incentive programs and post-incident drug testing. The agency states that incentive programs and drug testing are permissible if they are not implemented in a way that discourages or penalizes incident reporting. Several examples of permissible drug testing are listed including random testing, testing unrelated to an injury or illness and testing all employees involved in an incident for the purpose of evaluating the root cause.

The National Institute for Occupational Safety and Health (NIOSH)

NIOSH releases fact sheet for naloxone
It’s estimated that an average of 115 people die each day from an opioid overdose. Naloxone, or narcan, is a drug that can reverse some of the side effects of an opioid overdose. NIOSH released a new fact sheet for businesses that are considering adding a naloxone program to their workplace as an aid while waiting on first responders.

Studies, resources, trends, news

Studies show ways to cut down on silica exposure from concrete
Two recent studies showed ways to reduce silica exposure during concrete cutting. One study showed that an electric drill produced significantly less vibration, dust and noise levels than the pneumatic drill. In the other study, sharp, carbide-tipped bits produced less dust, noise and vibration than duller bits, while also decreasing the drill time. 

Tips for selecting proper eye protection
According to the Vision Council, more than 90 percent of eye injuries could be prevented with goggles, face shields, safety glasses or full-face respirators. Employers need to be aware of wearability issues that could lessen the chance of eye protection being worn, such as fogging. The article also offers first aid tips for eye injuries.

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    What Do You Think: Was Firing Nurse who Lost Fight with Door WC Retaliation? 

    Belleville, NJ (Workerscompensation.com). An employer’s action during the period after which an employee reports an injury and the date she is fired can go a long way to either showing retaliation or negating it.   A […]
    How the Court Ruled

    If you chose B, you sided with the court in Herron v. New York City Transit, No. 22-989-cv (2d Cir. 06/30/23), which held that the worker failed to show that the Authority’s explanation for firing him […]
    How the Court Ruled

    If you chose A, you sided with the court in Arizmendi v. Rich Products Corp., No. C.D. 2022 (Pa. Comm’w Ct. 12/07/22), which held that the worker did not have a serious health condition. The court […]

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    ReEmployAbility Announces Free Webinar: ‘Overcoming Jurisdictional Return-to-Work Challenges’

    ReEmployAbility, Inc.Contact: Rebecca Dearth(813) 261-3117 | news@reemployability.com Brandon, FL (May 10, 2023)- ReEmployAbility CEO and Founder Debra Livingston will be hosting a second free, live Work Comp Central webinar in their continued series to educate […]
    NCCI Annual Golf Event Tees Up $25,000 for Kids’ Chance of America

    (Orlando, FL–May 10, 2023)—The National Council on Compensation Insurance (NCCI) has given $25,000 to Kids’ Chance of America, supporting college scholarships for the children of injured workers. NCCI made the donation in conjunction with its Annual […]
    What Makes a CMS Appeal Successful?

    In response to a Medicare conditional payment demand, payers can access a five-level appeals process, including a hearing before a Centers for Medicaid and Medicaid Services (CMS) administrative law judge (ALJ). Most conditional payment demand […]

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    What Do You Think: Was Firing Nurse who Lost Fight with Door WC Retaliation? 

    Belleville, NJ (Workerscompensation.com). An employer’s action during the period after which an employee reports an injury and the date she is fired can go a long way to either showing retaliation or negating it.   A […]
    How the Court Ruled

    If you chose B, you sided with the court in Herron v. New York City Transit, No. 22-989-cv (2d Cir. 06/30/23), which held that the worker failed to show that the Authority’s explanation for firing him […]
    How the Court Ruled

    If you chose A, you sided with the court in Arizmendi v. Rich Products Corp., No. C.D. 2022 (Pa. Comm’w Ct. 12/07/22), which held that the worker did not have a serious health condition. The court […]
    How the Court Ruled

    If you chose B, you sided with the court in Nickey v. Saint Rose Dominican Hosp., No. 84688-COA (Nev. Ct. App. 06/28/23), which held that the nurse’s injury arose out of personal, not work-related circumstances.  The […]
    How the Court Ruled

    If you chose B, you sided with the court in Barker v. Sam Houston State University, No. 06-22-00076-CV (Tex. Ct. App. 06/22/23), which held that the professor, though not engaging in work at the time, […]
    How the Court Ruled

    If you chose B, you sided with the court in Basset v. Town of East Haven., No. AC 45106 (Conn. App. Ct. 06/26/22), which held that lighting the device was outside the course of employment.  The […]

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