Severe Injury Reporting

Who falls under this regulation? 

All Employers

 

When?

Any time there is a work related death, in-patient hospitalization, amputation or loss of eye.

 

Deadlines:

  • Contact OSHA within 8 hours of a work related fatality.
  • Contact OSHA within 24 hours of a work related in-patient hospitalization, amputation or loss of eye.

 

You have three options for reporting the event:

  1. By telephone to the OSHA Area Office nearest to the site of the work-related incident.
  2. By telephone to the 24-hour OSHA hotline (1-800-321-OSHA or 1-800-321-6742).
  3. Electronically, using the event reporting application on OSHA’s public website.

Be prepared to supply:

  • Business name
  • Names of employees affected
  • Location and time of the incident
  • Brief description of the incident
  • Contact person
  • Phone number

 

Things to consider:

If there is a in-patient hospitalization, amputation or eye loss you will be required to notify OSHA within the 24 hours, or if there is a fatality, within 8 hours after learning about it.  There are some exceptions:

 

  • If the death occurs more than 30 days after the work related accident
  • If the in-patient hospitalization, amputation or loss of an eye that occurs within 24 hours of a work-related incident.
  • If the death, in-patient hospitalization, amputation or eye loss occurs as a result of a motor vehicle accident on a public street or highway, but not in a construction work zone you do not have to report to OSHA.
  • In-patient hospitalization is also defined as a formal admission to the in-patient service of a hospital or clinic for care or treatment. You do not have to report an in-patient hospitalization that involves only observation or diagnostic testing.  You must only report each in-patient hospitalization that involves care or treatment.
  • If the fatality, in-patient hospitalization, amputation, or loss of an eye occurred on a commercial or public transportation system (e.g., airplane, train, subway, or bus).

NOTE: However, in each situation you must still record the event on your OSHA injury and illness records, if you are required to keep OSHA injury and illness records.

For Frequently Asked Questions visit OSHA’s website or call your Keevily Team.

Learn About NYSIF’s Redesigned Bill

How to Read Your New Bill

A   This box displays a billing summary for the current billing period. Your Total Policy Balance reflects the balance from your last bill and payments, adjustments and fees that occurred during the current billing cycle. Itemized transactions for the current period can be found on the reverse side of your bill under New Transactions and Payments . You must pay the by the date shown to avoid a late fee.

B   Policy Alerts provide important information affecting your policy.
C   The Message Center offers details on NYSIF services and latest news.
D   NYSIF offers you several Payment. Options. Go to nysif.com/billpay to pay online by electronic funds transfer, credit or debit card, or by phone. You can also pay by check using the remittance slip (right).

E   Deposit/Rebill is the premium deposit required based on initial information in your application. A rebill reflects any premium deposit adjustment based on new information. This amount must be paid in full.

F   Installments (for policies with payment plans) show remaining installments and current installment due. There is a $10 installment fee per installment, which is reflected in the Miscellaneous (Misc.) Fees & Credits total.
G   An Audit Balance or credit may result from a premium audit. Audit balances of more than $1,000 may be paid in installments. Unpaid audit balances are charged monthly interest of 1%. Interest charges are included in Miscellaneous (Misc.) Fees & Credits.
H   Adjustments reflect changes made to your total policy balance. Adjustments are itemized under New Transactions and Payments . This amount must be paid in full.
I   Miscellaneous (Misc.) Fees & Credits reflect the sum of installment fees, interest, late payment fees and other charges and credits.
J   Past Due amounts reflect unpaid charges from your previous bill including prior installments.
K   Total Policy Balance reflects the remaining premium balance, including remaining installments.
L   Minimum Payment Due is the sum of items (E) through (J). This amount must be paid by the due date to avoid late fees and/or nonpayment cancellation.
M  New Transactions and Payments show all activity for the dates listed.
N  This amount is the sum of your current installment, your full audit balance, any miscellaneous fees or adjustments that are immediately due and any amount past due.

 

 

 

New admitted Insurance Program

Particular Industries Focus
• Electricians
• Painters (interior)
• Painters (exterior less than 3 stories)
• Carpenters
• Plumbers
• HVAC
• Landscapers
• Fencing
• Insulation
• Concrete (flat)
• Masons (no height)
• Tile & Marble Installation
• Pavers (excluding NYC)
• General Contractors

NEW – NY Contractor’s Program

Particular Class Focus

 

  • Electricians
  • Painters (interior)
  • Painters (exterior less than 3 stories)
  • Carpenters
  • Plumbers
  • HVAC
  • Landscapers
  • Fencing
  • Insulation
  • Concrete (flat)
  • Masons (no height)
  • Tile & Marble Installation
  • Pavers (excluding NYC)
  • General Contractors
 

General Class Focus

  • Air Conditioning System Installation
  • Appliance and Accessories Installation
  • Carpentry (Interior/Woodwork/Shop)*
  • Carpet Cleaning
  • Cleaning (Outside Building)
  • Concrete (Flat)
  • Debris Removal
  • Door & Window Installation
  • Drilling
  • Drywall
  • Electrical*
  • Excavation
  • Fencing*
  • Floor Covering Installation*
  • Garage Door Installation
  • General Contractor (New Residential)
  • General Contractor (New Commercial)
  • Glass Installation/Glazing
  • Grading
  • Gunite Pool Plaster
  • Handyman/NOC Labor
  • HVAC*
  • Insulation
  • Janitorial
  • Landscape*
  • Masonry
  • Metal Erection (Decorative)
  • Painting (Interior)*
  • Painting (Exterior less than 3 Stories)*
  • Paperhanging
  • Plastering/Stucco
  • Plumbing (Residential)*
  • Plumbing (Commercial)*
  • Remodel Contractor (Residential)
  • Remodel Contractor (Commercial)
  • Septic Tank (Service, Repair, Installation)
  • Sewer Mains
  • Sheet Metal
  • Siding and Decking
  • Street/Road Paving (Commercial)
  • Swimming Pool Cleaning
  • Swimming Pool Installation
  • Tile and Marble Installation*
  • Welding

Excluded Classes

  • Fire Suppression (Sprinklers)
  • Steel Erection
  • Painters (Exterior >3 Stories)
  • Asbestos Removal
  • Concrete (Support)
  • Roofers (>3 Stories)
  • Masonry (At a Height)
  • Paving (NYC only)
  • Water Main (NYC only)

Truck Industry: FMCSA Considering Hours-of-service Changes

When the FMCSA began enforcing the electronic logging device (ELD) rule earlier this year, many carriers and drivers found that it highlighted significant issues with hours-of-service regulations. In fact, the FMCSA has granted limited waivers to carriers with time-sensitive operations, such as livestock haulers and truck rental businesses.
The FMCSA recently issued an advanced notice of proposed rule-making in response to requests for updates to the current hours-of-service requirements. In the notice, the agency highlighted these four specific topics for potential changes:
  • Extending the current ELD exemption window for short-haul drivers from 12 to 14 hours in order to be consistent with the general 14-hour driving limit.
  • Adding two hours to the 14-hour driving limit window when in adverse conditions. The rule currently allows for 13 hours of driving in adverse conditions instead of the normal 11, but doesn’t expand the window when that driving can take place to account for the extra time.
  • Eliminating or revising the 30-minute break requirement. In the notice, the FMCSA also asked carriers how alternatives to a 30-minute break would affect driver safety and provide additional flexibility.
  • Allowing drivers with sleeper berths more flexibility when splitting off-duty time. The rules currently require these drivers to spend at least eight of the required 10 off-duty hours in their sleeping berths.

Fighting Fraud – NY

An upstate New York truck driver pleaded guilty this week to perjury after receiving almost $8,000 in workers’ compensation benefits while continuing to work.

Roger Decker, 48, of Lee Center, New York, gave false testimony in a hearing and falsified documents as part of a job application with the state, New York Inspector General Catherine Leahy Scott’s office said.

An investigation found that Decker was injured while working for an Oneida County trucking company in 2004. He began collecting benefits after that and later testified at a Workers’ Compensation Board hearing that he had not worked for more than a decade.

In fact, he worked for at least two trucking companies, Scott’s office reported. In total, Decker received $7,875 in Workers’ Compensation benefits in 2016.

The investigation also found that Decker submitted documents in late 2017 as part of his job application for highway maintenance worker position with the New York State Department of Transportation that falsely indicated he had never been injured while on the job. Decker was terminated from that position upon his arrest in June.

“This defendant’s false testimony and filings were part of a series of fraudulent actions meant solely to enrich himself with financial benefits to which he was not entitled,” Scott said.

Sentencing is set for Oct. 18.

Why is an IME Scheduled?

Early in a claim, there may be a question if the injury is work-related. Is the injury a pre-existing condition? Did work actually cause the condition? Is the medical condition directly related to something at work? When these issues arise, adjusters schedule the IME soon after the claim is submitted.

Later in the claim, the adjuster may feel it’s time for the worker to return to modified or regular work. When treatment seems to drag on, an IME may be scheduled. Perhaps the worker had a new, non-work accident. An IME may help sort the work condition from the non-work condition. If the treating doctor awards permanent disability higher than normally expected, an IME may be used to see if the rating is appropriate.

An IME may be scheduled more than once on a claim. The insurance carrier is entitled to examinations at reasonable intervals. If you are concerned about any of these issues and think an IME might help, call us at 1-800-523-5516 to discuss.

Independent Medical Examinations (IME)

Your workers’ compensation insurance carrier is entitled to schedule an independent medical examination, or IME. They may choose any doctor, chiropractor or psychologist. Usually, the adjuster chooses a doctor who specializes in the worker’s injury. The examination may be scheduled at any time during the claim. Once the worker is properly notified of the appointment, he or she must attend. Failure to attend places their claim on hold. Few doctors are willing to perform these examinations. They are in private practice and are not on the staff of the insurance company. Therefore, it may take a few weeks to get an appointment.

Rating Values Effective October 1, 2018

The New York State Department of Financial Services recently approved the New York Compensation Insurance Rating Board’s (NYCIRB) request for an 11.7% decrease in the overall average loss costs levels effective October 1, 2018.  On July 30, 2018, NYCIRB released the loss costs for each individual classification.  The percentage change varies by class code.

CODEDESCRIPTIONNYSIF Manual Rate Effective 10/01/18NYSIF Manual Rate Effective 10/01/17Percentage Change 10/01/18 vs 10/01/17
 GROUP 455   
3726Boiler Installation/Service/ Repair13.9420.17-30.89%
5183Plumbing NOC9.8910.36-4.54%
5184Insulation11.1412.23-8.91%
5188Sprinkler Systems8.769.77-10.34%
5193Oil/Gas Burner Installation, Service, Repair12.5614.90-15.70%
5536HVAC Systems Installation incl ductwork9.5311.43-16.62%
5538Sheet Metal Work – Erection10.4013.40-22.39%
8111Plumbing Supply Dealer5.506.64-17.17%
8350Fuel Oil Dealer12.1215.09-19.68%
 GROUP 489   
5190Electrical Wiring w/i buildings7.208.34-13.67%
5191Alarm/Network/Telephone Wiring – low voltage1.962.13-7.98%
5160Elevator Installation & Service6.717.42-9.57%
3724Electrical Apparatus Installation6.967.98-12.78%
3737Electrical Apparatus Service & Repair6.727.00-4.00%
3064Sign Manufacturing – Metal10.0711.65-13.56%
4112Incandescent Lamp Mfg.2.723.51-22.51%
3643Electrical Power/Transmission Equipment Mfg3.574.13-13.56%
7536Cable Installation & Drivers / Conduit & drivers10.6311.79-9.84%
7538Electrical Light & Power Line Construction5.498.01-31.46%
7539Electrical Light & Power Company2.102.68-21.64%
7600Telephone Company & Drivers9.6110.20-5.78%
7998Hardware Stores – Retail – Electrical3.624.90-26.12%
7999Hardware Stores – Wholesale – Electrical3.073.09-0.65%
8901Telephone Company – office or exchange employees0.130.20-35.00%
8017Electrical Dealers – Retail1.972.29-13.97%
8018Electrical Dealers – Wholesale4.915.72-14.16%
9519Appliance Installation & Repair6.037.01-13.98%
9549Advertising – Outdoor4.454.78-6.90%
 GROUP 309   
4239Paper Mfg (with recycled paper/board)4.455.64-21.10%
7590Garbage Works – Reduction/Incineration7.207.071.84%
8103Clippings Dealer/Wiping Cloth Dealer & Drivers7.247.95-8.93%
8263Junk Dealer / Salvage Operations & Drivers12.3813.13-5.71%
8264Recycling Operations – Paper stock, bottle, rag, rubber – 2nd Hand Dealers & Drivers8.7410.48-16.60%
8265Iron or Scrap Dealer & Drivers13.3914.86-9.89%
9403Garbage/Refuse Removal including Drivers16.9219.00-10.95%
8018Wholesale Stores NOC – 2nd Hand Clothing Dealers4.915.72-14.16%
 GROUP 82   
2362Knit Goods Manufacturing3.003.54-15.25%
2388Embroidery Manufacturing4.175.36-22.20%
2501Clothing Manufacturing1.181.180.00%
2503Dressmaking or Tailoring Custom1.441.55-7.10%
2553Furnishing Goods Manufacturing3.804.42-14.03%
2688Leather Goods Manufacturing2.172.54-14.57%
2689Pocket Book Manufacturing1.371.60-14.38%
8032Wearing Apparel Stores – Wholesale1.371.41-2.84%
8747Showroom Salespersons0.230.29-20.69%
 GROUP 588   
7197Parcel/Package Delivery12.1413.42-9.54%
7219Trucking NOC14.6116.97-13.91%
7231Messengers NOC11.8713.84-14.23%
8292Storage Warehouse – General6.457.59-15.02%
8293Storage Warehouse – Furniture13.7516.10-14.60%

For more information please review following links

http://www.nycirb.org/bulletins/rc2468.pdf      

http://www.nycirb.org/bulletins/rc2469.pdf      

Safety and Health Committee

Safety Committees are a valuable part of your safety program.  Who participates and how often you meet will be up to your organization structure and needs.  But establishing safety committees is an excellent way management can encourage employees to participate in implementing and monitoring the company’s safety program.  When you develop your safety committee it is important to include employee representative for all departments…for example your technicians, office workers, maintainance, etc.  Members should be rotated periodically to allow for maximum involvement and increased safety awareness. 

Once an accident investigation is completed, it should be forwarded to the safety department to be reviewed at the next Safety Committee meeting. 

The Safety Committee should have an open discussion on the past accidents to determine if all the events leading up to the accident were identified, if corrective action was implemented and if the corrective measures are appropriate to prevent future incidents.  Witnesses, maintenance, supervisors, even the employees involved in the accident could be invited to the meeting to discuss the events and provide additional preventative recommendations.  This is not a process to assign blame, but rather a group effort to learn from the past and use that knowledge to prevent future accidents. The Safety Committee should also be looking for trends or problem areas while reviewing the accident investigations. 

The committee will have several roles, such as assist in the development, implementation, and periodic evaluation of the safety and health activities.  Meetings should be held regularly and all committee members must attend.  Minutes of the Safety Committee meeting should be recorded.

 The committee should be responsible for the following tasks:

  • Review existing safety and health rules and procedures to ensure that these rules are current, pertinent, and being followed.
  • Provide suggestions for employee training.
  • Review all accident reports to identify its root cause and determine appropriate corrective action by implementing one or more E.S.P. techniques:
    *    Engineering Controls
    *    Safe Work Practices
    *    Personal Protective Equipment
  • Audit the results of all safety inspections conducted.
  • Review training programs with particular attention being given to training involved in the following areas:
    *    New or transferred employees.
    *    New safety and health regulations.
    *    New or modified procedures or processes.
    *    New equipment or chemicals.
  • Be involved in preliminary hazard analysis for new equipment, new processes, and new designs.
  • Conduct periodic in-house safety inspections.
  • Provide recommendations to management on safety and health issues.
  • Evaluation of the safety and loss prevention program.