WELCOME!
The Relationship between Human Resources and Safety Training
June 30, 20141:30 p.m. - 3:30 p.m.
Heartland Payment Systems is the Lead Sponsor of all RES events.
The ORA Restaurant Education Series (RES) provides members free access to educational events that help them sustain and grow their businesses and are developed based on member feedback. RES events support a key ORA initiative: the education of our members.
Laura Morrison, Director, Member Services & IT
Ohio Restaurant Association
Phone: (866) 331-6424 E-mail: [email protected]
Brad Hunt, RiskControl360° Moderator of the conversation
Developing a Culture of Safety: Strategies to Support Safe Work Practices: Doug Wiegand, National Institute for Occupational Safety & Health
Controlling the Cost of Injuries - Third-Party Administrator Perspective: Jim Wirth, CareWorks Consultants, Inc. (CCI) & RiskControl360°
Controlling the Cost of Injuries - Managed Care Organization Perspective: Derek Stern, CareWorks
Safety & Labor Law - Top OSHA Citations for Restaurants: Keith Pryatel, Kastner, Westman & Wilkins, LLP
Expert Speakers
How to Participate Today
• Open and close your Panel
• View, Select, and Test your audio
• Submit text questions
• Q&A addressed at the end of today’s session
• Everyone will receive an email with a link to view a recorded version of today’s session
• Your feedback is important! You will receive a prompt to complete a survey at the end of the session
When a 1,000 things pile up, it’s easy to overlook the importance of health & safety issues - that’s dangerous!
The Health & Safety section of the ORA’s website helps you stay on top of concerns, offering solutions to today’s restaurant, food, and
alcohol safety issues.
www.ohiorestaurant.org/healthandsafety
Health and Safety
Restaurant Safety & Training
Information Resources Policies & Guides Videos & Multimedia
Restaurant Safety Consultants
Food Safety Alcohol Safety
Developing a Culture of Safety: Strategies to Support Safe Work Practices
Douglas Wiegand, Ph.D.National Institute for Occupational Safety
and Health
Disclaimer: The findings and conclusions in this presentation have not been formally disseminated by the National Institute for Occupational Safety and Health and should not be construed to represent any agency determination or policy.
The safety culture of an organization is the product of individual and group values, attitudes, perceptions, competencies, and patterns of behavior that determine the commitment to, and the style and proficiency of, an organization’s health and safety management (HSC, 1993).
Or, the way we do things around here.
A Culture of Safety
John’s manager sees that John is chopping vegetables at an amazing speed…
Should the manager:A: Nod in approval; the food will be prepped on timeB: Say nothingC: Tell John “Be Careful”; we don’t want him to cut
himself and stop workingD: Ask John why he is working so fast; try to understand
why John feels like he needs to rush
What does a ‘good’ safety culture look like?
Attitude vs. behavior change
Behavior is easier to see, and easier to change
Change the behavior and attitude may follow
Where to start?
Attribution of the causes of injuries Chance vs. “person” causes vs. latent causes Look at the whole picture
Injury logs can help identify trends and problem areas. Exploring and documenting near-misses
Thorough walk-through Identify trip/slip/fall hazards Employee involvement for continuous improvement
What types of controls can be implemented? Ongoing monitoring and review to ensure controls are
effective
How can we be preventive rather than reactive?
Hierarchy of Controls
Most Effective / Protective
Elimination
Substitution
Engineering Controls
Administrative Controls
Personal Protective Equipment
The ABC Model of Behavior
Restaurant Example
Coworker reminder to use protective glove
Employee safely cuts food
Employee receives appreciative comment from manager
Restaurant Example
Restaurant owner attends ORA training event on safety culture
Restaurant owner provides safety training and equipment to employees
Restaurant owner experiences lower probability of worker injury
Safety does not end with training
Must check for employee understanding
Have employees demonstrate safe behaviors
Practice with feedback as part of training
Integrate behavior-based safety coaching into the culture
Management commitment and employee involvement
Peer observation and feedback
Ongoing monitoring and review
Behavior Safe At-Risk
Load appropriate?
Back straight?
Use legs?
Hold load close to body?
Shoulders and hips aligned?
TOTAL
Critical Behavior Checklist: Lifting
Total Safe Behaviors / Total Safe + At-Risk Behaviors X 100 = % Safe
Consult managers and employees to get their impressions of the problem areas and ideas / areas for improvemente.g. Have them help to develop checklists
When people contribute to a safety effort, their ownership and commitment to safety increases.Employees communicate about safety
Perception of management / owner’s total buy-in for safety practices and procedures increases employees’ participation
Unsafe behavior is a symptom, not the diseaseUnhealthy safety culture is a system problem
Controlling the Cost of Injuries
The Third Party Administrator Perspective
Jim Wirth,CareWorks Consultants / RiskControl 360
Introduction - What is the best way to control workers’ compensation costs? Maintain a healthy, cooperative relationship with your
associates where communication is open and encouraged Safety/Prevention:
Make safety a priority for your organizationCreate and promote a safety process that reduces the
occurrence of incidents/accidents…and claimsInvolve all associates in your safety efforts
Controlling the Cost of Injuries
Claims Medical Only Claims:
Usually a minor injuryClaims with seven or fewer days of disability usually results in a small reserve for a limited period of time
Lost Time Claims:Claims with eight or more calendar days of disabilityReserves can occur in lost-time claims
Occupational Disease Claims:Claims where an employee contracts a disease in the course of
employment.These claims often develop over time
Controlling the Cost of Injuries
Cost Control Tools Safety Accident Investigation Communication Salary / Wage Continuation Deductible Vocational Rehabilitation Transitional Work Lump Sum Settlements
Handicap Reimbursement Subrogation BWC/Employer Sponsored
IME Surveillance Work with Third Party
Administrator (TPA) / Managed Care Organization (MCO)
Controlling the Cost of Injuries
Accident Investigation Communicate with your CareWorks Consultants
claims examiner as soon as the injury occurs Report to the MCO Thoroughly investigate the circumstances of the
incident / accident Document evidence in writing Utilize accident report and photographs Obtain witness statements Utilize classes at BWC Training Centers Important for PREVENTION…and hearings
Controlling the Cost of Injuries
Salary Continuation Should be considered for any claim if eight or
more calendar days of work will be missed, even if claim is not certified by employer CareWorks Consultants can provide the employer
with a premium impact study to help make a decision on whether salary continuation should occur
Controlling the Cost of Injuries
Transitional Work Reduces cost of hiring and training replacements Helps prevent injured worker’s adjustment to disability
lifestyle No break or loss in income Gradually returns employee to full duty work Lower costs contribute to reduced premiums Works in conjunction with salary continuation Consists of short term and temporary tasks
Controlling the Cost of Injuries
Vocational Rehabilitation Surplus charge for most services Return-to-work focused Closely monitored, individualized programs Case management professional assigned to each case. Participation is voluntary…but make it an interesting and
positive experience.
Controlling the Cost of Injuries
Lump Sum Settlements CareWorks Consultants helps identify claims appropriate
for Lump Sum Settlements (LSS) and determine settlement amount.
Employer directs CareWorks Consultants to offer settlement.
Employer, injured worker and BWC must agree to LSS. BWC pays settlement. Settlement will eliminate the reserve portion of the claim
and prevent future payments. Claim will remain in employer’s experience for four years.
Controlling the Cost of Injuries
Handicap Reimbursement Epilepsy Diabetes Cardiac Disease Arthritis Loss of sight Poliomyelitis Cerebral palsy Multiple sclerosis Parkinson’s disease Cerebral vascular accident Tuberculosis Silicosis Psychoneurotic disability Hemophilia
Amputation foot, leg, arm or hand Chronic osteomyelitis Ankylosis of joints Hyperinsulinism Muscular dystrophy Arteriosclerosis Thrombophlebitis Varicose veins Cardiovascular & pulmonary disease
(firefighters) Coal miner’s pneumoconiosis Completion of Industrial Commission or
similar rebab program Service related disability
Controlling the Cost of Injuries
Subrogation - A type of third party recoveryMotor vehicle accidentMedical malpracticeExposure to toxinsMachinery malfunctionsAnimal bites
BWC generally pursues
Controlling the Cost of Injuries
Independent Medical Exams (IME) BWC Independent Medical Examination - used to determine
whether the injured worker is capable of returning to his/her former position of employment, or if the allowed conditions have become permanent.
Employer-sponsored IME / IMR (Independent Medical Review) - used to provide medical evidence in support of an employer’s objection to the claim allowance or compensation.
Fee for this exam/file review is paid by the employer.
Controlling the Cost of Injuries
Surveillance Employer hires a private investigator if red flags exist
that may point to fraudulent activity. Employer contracts directly with the investigator. If fraud is identified, it can be reported by calling BWC at
1-800-OHIOBWC or logging on to www.ohiobwc.gov BWC generally does not allow a TPA to report fraud - it
must be reported by the employer.
Controlling the Cost of Injuries
Summary Contact CareWorks Consultants and your MCO
immediately when an accident occurs Thoroughly investigate the accident Document evidence in writing Understand how a claim impacts your rates Consider salary continuation on all lost-time claims Offer transitional work when worker is on restrictions Lump sum settlements / Handicap reimbursements Subrogation
Controlling the Cost of Injuries
BWC Prospective Premium Payment Transition The Ohio Bureau of Workers’ Compensation (BWC) is
transitioning to a prospective billing system. According to BWC, this change aligns them with standard industry practices. Employers will see an overall base rate reduction of 2% as a
result of this change. The transition becomes effective July 1, 2015, for private
employers, and January 1, 2016, for public employers.
BWC Prospective Payment
How it Will Work Earlier opportunities to sign up for incentive programs
Beginning in the fall of 2014, employers looking to participate in programs such as group rating, group-retrospective rating or other rating plans will have the opportunity to make those selections sooner.
A one-time credit in July 2015 Employer will receive a one-time premium credit, as BWC will
cover their August premium payment (covering the January to June 2015 premium) as well as the first two months of 2015 policy year (July and August) prospective premium.
BWC Prospective Payment
How it Will Work (continued) A new payment schedule
Employers will receive their invoice in June 2015 and begin paying premiums before July 1, 2015. While that is earlier than before, all employers will be able to make quarterly or semi-annual payments,
and some employers will be able to pay up to as many as
12 installments. A true-up process
Because BWC is providing workers’ compensation insurance coverage based on estimated payrolls, they will ask businesses to report or “true-up” their actual payroll for the prior policy year. This begins in August 2016.
BWC Prospective Payment
BWC Prospective PaymentWhat to Expect Industry TPAs will be contacting employers to inform them of the
changes. Be prepared to receive information from multiple TPAs.
It is important for employers to make sure they do not
have a lapse in their workers’ compensation coverage. Be sure you are current on all BWC payments. June 2014 - BWC will mail letter to employers announcing
change in alternative rating plan sign-up deadlines. October 2014 - BWC will mail letters to employers to
explain the upcoming premium payment changes and
remind them about the new plan enrollment deadlines.
Timeline August 31, 2014 - Payroll reports/premium due for 1/1/14 - 6/30/14 period (as normal)
November 24, 2014 - Group rating program filing deadline (tentative deadline for the 2015 policy year)
January 30, 2015 - Group retrospective rating program filing deadline (tentative deadline for the 2015 policy year)
BWC Prospective Payment
Timeline (continued) February 28, 2015 - Payroll reports/premium due for
7/1/14 - 12/31/14 period (final retrospective premium payment)
May 2015 - BWC will mail Estimated Premium Notice for 2015 policy year
Note: If the employer does not agree with estimation of payroll, BWC says they will be able to have it adjusted.
BWC Prospective Payment
Timeline (continued) June 2015 - BWC will mail payroll reports for 1/1/15 - 6/30/15 period. Employers will report payroll as normal, but will not be required to pay premium for this period. Payroll reports will be due as normal (8/31/15).
August 1, 2015 - BWC will mail first prospective premium invoice to employers for 7/1/15 - 6/30/16 policy year. First payment due 8/31/15, for the 2015 policy year only.
Note: In August 2015, employers will send in their payroll report for 1/1/15 - 6/30/15 period along with their first prospective payment for the 2015 policy year.
BWC Prospective Payment
Timeline (continued) November 2015 - Group rating program filing
deadline (tentative deadline for the 2016 policy year)
January 2016 - Group retrospective rating program filing deadline (tentative deadline for the 2016 policy year)
BWC Prospective Payment
Workers’ CompensationBest Practices:
Managed Care Organization (MCO) Perspective
Derek Stern, CareWorks
Session Topics
Safety Flow Chart Role of the MCO 4 “R”’s Transitional Work
Never Take A Break from Safety
Safety should always be in the forefront.When there is a safety breakdown or the unforeseen occurs…injuries
happen.
Never Take A Break from Safety
Try to anticipate ANYTHING that could happen in the workplace.
If an injury does occur, have a process in place to ensure injured workers receive care and claims are reported immediately.
Work with your MCO, TPA and BWC.
Role of the MCO
Claim intake and reporting to BWC. Ensure injured workers receive appropriate
medical care. Authorize or deny medical treatments requested
by physicians. Assist employers and injured workers with
successful return to work. Payment of medical bills (excluding prescriptions). The MCO is a neutral party to the claim.
Responsibilities of the MCO.
Role of the MCO (continued)
Ensure injured workers and employers are aware of the latest progress in the claim.
Assist employer with the development of programs to enhance their workers compensation program (Transitional Work, Injury Reporting Packets).
Assist employer with identifying local initial treating providers.
Ensure medical documentation is transmitted to BWC.
Responsibilities of the MCO
Reporting
Early Reporting is crucial. Early investigation is important. Collect facts and documentation.
If You Have a Workplace Injury:
Early and effective medical management. Early return to work management. Lower claims costs.
Early Reporting Leads to:
Your Managed Care Organization (MCO) can help establish good reporting practices.
MCO can provide injury reporting packets to assist with claims filing.
No one can help with a claim they don’t know about.
Early Reporting Strategies
Reporting
Why is Early Reporting Important?
Claim scenario: WITH early reporting (Part I)
Date of Injury: 12-1-2011 Claim reported: 12-1-2011. Employer, TPA and MCO discuss case. Determine if
the claim is compensable. Facts reveal claim not legit, employer decides to reject
claim. Claim goes to hearing and employer has claim denied
by IC. No impact on employer’s EM or premiums.
Why is Early Reporting Important?
Claim scenario: WITH early reporting (Part II) Date of Injury: 12-1-2011 Claim reported: 12-1-2011. Employer, TPA and MCO discuss case. Determine if the
claim is compensable. Facts reveal claim IS compensable. Can we mitigate the
claims cost? TPA advises employer to continue salary. MCO and TPA
discuss transition work options with employer. Result: Compensable claim, but costs significantly
reduced due to early intervention.
Reporting
Witness Statements are important
Refer
Identifying an initial treating provider. Communication. Set expectations. Introduce the provider to the workplace. Employers have the right to recommend a
treatment facility to an injured worker. Injured workers have right to select any
provider.
Remain in Contact
Keep in touch with the Injured Worker. Contact your MCO/TPA/BWC claims
rep if you have claim updates. No such thing as too much
information.
Remain in Contact
Communication is vital to the success of your program.
If you are in doubt about anything, call your MCO Account Executive.
Don’t “assume” anything.
Communication is Key.
Return to Work Defining Transitional Work How is it best used? Transitional Work Best Practices BWC’s Transitional WorkGrants
A work site program that provides an individualized step in the recovery of an injured associate with job restrictions resulting from the allowed conditions in their claim.
A successful transitional work program provides meaningful work which allows an injured worker to increase strength and endurance while decreasing restrictions.
Transitional work is not LIGHT DUTY! Take advantage of BWC’s Transitional Work
Grants.
What is Transitional Work?
Return to Work
Modified Duty Options
Aggressive return to work program that assists employers in the temporary “job placement” of injured workers with temporary restrictions that cannot be accommodated onsite.
The goal of MDOS is to help facilitate a timely and safe return to work while realizing cost savings. Employer Benefits Employee Benefits Non-profit Benefits
Modified Duty Off Site (MDOS)
Modified Duty Options
MDOS program should have an established positive outcome success rate.
Placements are made by an MDOS coordinator and managed by a Vocational Case Manager.
Programs are customized to each employer, including policy and program documentation.
MDOS (continued)
Claims Strategies
WITHOUT transitional work
Medical = $2,500 Compensation = $5,000 Reserve = $25,000 Total cost = $32,500
Why Transitional Work?
Claims Strategies
WITH transitional work
Medical = $1,500 (vs. $2,500) Compensation = $0 (vs. 5,000) Reserve = $25,000* Total cost = $26,500
*In general, utilizing transitional work can reduce the overall reserve in the claim
Why Transitional Work?
Lost Time Claims
Call your MCO and TPA immediately. You’re going to pay them, or you’re going
to pay them – it’s a matter of which pot it will come from.
Consider paying salary continuation (after first discussing with TPA). Injured worker must not miss regular pay cycle. Injured worker should receive regular pay.
What to do if a Claim is Going to be Lost Time.
Conclusion
An employer should never feel like they are alligator food.
Your MCO can help you avoid the workers compensation “pit.”
Thank you
Derek Stern Director of Customer Relations
(734) 944-2193 direct
(888) 627-7586 ext. 3554 toll free [email protected]
www.careworksmco.com
Safety and Labor Law - Top OSHA Citations for Restaurants
Keith L. Pryatel, Esq.
Kastner Westman & Wilkins, LLC.
National study on HR Practices and Employee Turnover in the Restaurant Industry Jan. 15, 2014
Rockefeller & Ford Foundational Funding
Studies show 1 of 2 fast food workers turnover each year; 40% turnover rate for “moderately priced” restaurants; lower rates for “fine dining”, but higher per-employee turnover costs
Labor Law
Turnover costs -- $18,200/annual for 30 employees or less; $182,000 for 10 restaurant chain; $1.8 million for 100 restaurant chain
Most important HR practices that significantly reduce turnover and lengthen job tenure high relative wages job security longer work hours more discretion at work policies for promotion from within
Labor Law
Less than 20% of restaurant employers offer any level of paid sick time or paid time off; only 33% offer vacations or subsidized health insurance even “fine dining” is low. 30% offer paid leave or PTO; 5% offer paid vacations or subsidized health insurance.
Employee discretion is low in all restaurant establishment. Only 5% allow front-of-house employee discretion in their communications with customers without consulting managers; or in problem solving.
Labor Law
Annual pay for fast food employers:$13,257 ($255/52 weeks); $18,720 (back-of-house / BOH) and $24,123 (front-of-house / FOH) for “moderately priced restaurants”; $20,902 (BOH) and $34,990 (FOH) for fine dining.
Restaurant industry traditionally offers few employee benefits e.g. paid sick leave; paid time off; paid vacation; subsidized health insurance because: part-time; seasonal; student; immigrant workers
Labor Law
High turnover is costly; Raises curb of selecting, recruiting and training replacementsNew employees are less proficient until they catch up
on the learning curve (less knowledgeable about menu - no customer relations)
Disruption of operations - manager attention to other areas is shifted.
How investment in HR reduces turnover
Labor Law
Hourly wages and job security are two most important factors.
Hours available to work and discretion exercise are other important facts.
Labor Law
PPE Survey
Identifying workplace violence risks – cases / door markers / drop sales / windows
Disciplining for safety violations
HazComm Program
Lock Out / Tag out
Voluntary OSHA Log (300 and 300A) www.osha.gov
OSHA - Restaurant Trip-Ups
Thank you!
Keith L. Pryatel, Esq.
Kastner Westman & Wilkins, LLC.
3480 W. Market Street, Suite 300
Akron, OH 44333
Questions?
Social Media Webinar Series sessions: Every Tuesday at 2:00 p.m. July 1st Foursquare, Urban Spoon and Yelp - Time for a little R & R
(Revenue and Reviews) July 8th Instagram - Pics and Profits July 15th Pinterest - Pin to Win July 22nd Google + - Just Another Pretty Facebook? July 29th Mobile apps - So Many Apps. So Little Time.
Other RES events August 6th - "Is Franchising the Right Choice?" 2:00 p.m.
Thank you!
Go to www.ohiorestaurant.org/res NOW to register!
Heartland Payment Systems is the Lead Sponsor of all RES events.
Top Related