the relationship between human resources and safety performance
DESCRIPTION
Reasons why you should read these slides: It’s totally focused on your industry, versus a general industry session. The Ohio Bureau of Workers’ Compensation (BWC) requires employers who participate in a group/group retrospective rating plan and have had a workers’ compensation claim within the “green year” to complete two hours of mandatory safety training during the each policy year. This means that companies who are group/group retrospective rated participants with an injury claim filed between Jan. 1, 2012 and Dec. 31, 2012 (calendar year 2012) must attend safety training, regardless of the size or severity of the claim. Per BWC guidelines, each company policy owner is required to fulfill separately the two-hour training requirement and may designate any company representative to attend. Failing to meet this requirement could jeopardize your group/group retrospective rating program status. The ORA is one of Ohio’s leading providers of foodservice-specific health and safety educational initiatives. The association links members of the foodservice industry with industry leaders that take an active involvement in educating them about procedures and policies that can reduce and prevent accidents in their establishments. The association understands that members don’t have the time and availability to sit through hours and hours of educational meetings that focus on addressing all of the health and safety concerns that can befall a restaurant. That’s why we target our educational seminars to specific areas of operation, like back-of-the-house and front-of-the-house training programs. Reading these slides will not give you credit. You must participate in live educational event.TRANSCRIPT
WELCOME!
The Relationship between Human Resources and Safety Training
May 6, 20149:00 a.m. - 11:00 a.m.
Laura Morrison, Director, Member Services & IT
Ohio Restaurant Association
Phone: (866) 331-6424 E-mail: [email protected]
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
The Psychology of Safety and Building a Safety Culture: Tom Cunningham, 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: Ron Lucki, CareWorks
Safety & Labor Law – Top OSHA Citations for Restaurants: Keith Pryatel, Kastner, Westman & Wilkins, LLP
Expert Speakers
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
Thomas Cunningham, 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
Controlling Costs - MCO Perspective
Ron LuckiCareWorks
Controlling Costs - MCO Perspective
Early Intervention Before and After an Injury
Medical management - Return to Work
Vocational Rehabilitation
Open Enrollment
Five stages of Workers’ Compensation Claim:
1. Panic 2. Confused 3. Fear
4. Angry 5. Prepared
Early Reporting-Injury Reporting
First Report of Injury (FROI) Steps to Follow
Injury Reporting Packet
Initial Treating ProvidersPersonalized Workplace Injury Posters
After an Injury
Early Reporting is crucial Early investigation is important Refer IW to preferred provider 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:
Why is Early Reporting important?Claim scenario: WITHOUT early reporting DOI 12-1-2011 Claim not filed/reported until 1-1-2012 Injured Worker (IW) misses time from 12-1 to 1-11 (6
weeks) TT payable for 6 weeks at max TT rate for 2011 (6 x $783
= $4,698) Increase in medical cost due to lack of involvement in
claim Increased medical, TT and reserve can have impact on
employer’s EM and premium obligation
Quality Medical Case Management All claims are reviewed / triaged by a clinical case manager to
determine acuity, severity, medical stability.
Are they URAC accredited? This holds the MCO to the highest standards of quality and guidelines.
Complete Drug / Medication reviews frequently to ensure medications/drugs for all claims are appropriate for allowed diagnosis.
Is the MCO proactively moving the claim towards medical stability and return to work? Are all options being explored?
Exploring OptionsIf the claim does not seem to be moving forward, is the MCO exploring other options? Examples include :
Transitional Work Remain at Work
Exploring Options
If the claim does not seem to be moving forward, is the MCO exploring other options? Examples include:
Modified Duty Off Site (MDOS) Limited Medical Management (LMM)
Use of surplus fund Reduced lost time Increased productivity Rehabilitation / return to work focused Individualized plan / liaison to parties Face to face intervention
Benefits of Vocational Rehabilitation
Physical or Occupational Therapy Work Conditioning Occupational Rehab (Work
Hardening) CARF Accreditation required
Functional Capacity Evaluation Ergonomic Study Job Analysis
Voc. Rehab. PRIOR to Return to Work
I don’t always have a workers’ compensation claim
But when I do, I call CareWorks
Ohio’s Most Selected MCO
Most Claims Experience
Best RTW of Top 5 MCOs
Fastest FROI Turnaround
Most Accurate Bill Payment
Every Two Years
2014 Open Enrollment April 28 to May 23
If you are with CareWorks….Do Nothing!
2014 MCO Open Enrollment
Thank you
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: Starting June 17th - every Tuesday at 2:00 pm. Spend 30 minutes
to increase your business and customer awareness FACEBOOK - Drive results not just likes Twitter - Success in 140 characters Foursquare, Urban Spoon and Yelp - Time for a little R & R
(Revenue and Reviews) Instagram - Pics and Profits Pinterest - Pin to Win Google + - Just Another Pretty Facebook? Mobile apps - So Many Apps. So Little Time.
Thank you!
Go to www.ohiorestaurant.org/res next week to register!