American Association of State Compensation insurance Fund
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CopperPoint Mutual Insurance Company
Phone: (602) 631-2000
Address: 3030 North Third Street
Phoenix, AZ   85012
Website: www.copperpoint.com

State Compensation Insurance Fund
Phone: 888-STATEFUNDCA
Address: 333 Bush Street
Suite 800
San Francisco, CA   94104
Website: www.statefundca.com

Pinnacol Assurance
Phone: (303) 361-4000
Address: 7501 East Lowry Boulevard
Suite 800
Denver, CO   80230-7006
Website: www.pinnacol.com

Hawaii Employers' Mutual Insurance Co. Inc.
Phone: (808) 524-3642
Address: 1100 Alakea Street
Suite 1400
Honolulu, HI   96813
Website: www.hemic.com

Idaho State Insurance Fund
Phone: (208) 332-2100
Address: 1215 West State Street
P.O. Box 83720
Boise, ID   83720-0044
Website: www.idahosif.org

Kentucky Employers Mutual Insurance
Phone: (859) 425-7800
Address: 250 West Main Street Suite 900
P.O. Box 83720
Lexington, KY   40507-1724
Website: www.kemi.com

Louisiana Workers' Compensation Corporation
Phone: (225) 924-7788
Address: 2237 South Acadian Thruway
P.O. Box 83720
Baton Rouge, LA   70808
Website: www.lwcc.com

Maine Employers Mutual Insurance Company (MEMIC)
Phone: (207) 791-3300
Address: 261 Commercial Street
P.O. Box 11409
Portland, ME   04104
Website: www.memic.com

Chesapeake Employers’ Insurance Company
Phone: (410) 494-2000
Address: 8722 Loch Raven Boulevard
P.O. Box 11409
Towson, MD   21286-2235
Website: www.ceiwc.com

SFM Mutual Insurance Company
Phone: (952) 838-4200
Address: 3500 American Boulevard West Suite 700
P.O. Box 11409
Bloomington, MN   55431-4434
Website: www.sfmic.com

Missouri Employers Mutual Insurance
Phone: (800) 442-0590
Address: 101 N Keene St
P.O. Box 11409
Columbia, MO   65201
Website: www.mem-ins.com

Montana State Fund
Phone: (406) 495-5015
Address: 855 Front Street
P.O. Box 4759
Helena, MT   59604-4759
Website: www.montanastatefund.com

New Mexico Mutual Group
Phone: (505) 345-7260
Address: 3900 Singer Boulevard NE
P.O. Box 4759
Albuquerque, NM   87109
Website: www.newmexicomutual.com

New York State Insurance Fund
Phone: (212) 312-7001
Address: 199 Church Street
P.O. Box 4759
New York, NY   10007
Website: www.nysif.com

Workforce Safety and Insurance
Phone: (701) 328-3800
Address: 1600 East Century Avenue Suite 1
P.O. Box 4759
Bismarck, ND   58506-5585
Website: www.WorkforceSafety.com

Ohio Bureau of Workers Compensation
Phone: (800) 644-6292
Address: 30 West Spring Street
P.O. Box 4759
Columbus, OH   43215-2256
Website: www.ohiobwc.com

CompSource Mutual Insurance Company
Phone: (405) 232-7663
Address: 1901 North Walnut Ave.
P.O. Box 53505
Oklahoma City, OK   73152-3505
Website: www.compsourcemutual.com

State Accident Insurance Fund (SAIF)
Phone: (503) 373-8000
Address: 400 High Street SE
P.O. Box 53505
Salem, OR   97312-1000
Website: www.saif.com

Pennsylvania State Workers Insurance Fund
Phone: (570) 963-4635
Address: 100 Lackawanna Avenue
P.O. Box 5100
Scranton, PA   18505-5100
Website: www.dli.state.pa.us/swif

Beacon Mutual Insurance Company
Phone: (401) 825-2667
Address: One Beacon Centre
P.O. Box 5100
Warwick, RI   02886-1378
Website: www.beaconmutual.com

South Carolina State Accident Fund
Phone: (803) 896-5800
Address: P.O. Box 102100

Columbia, SC   29221-5000
Website: www.saf.sc.gov

Texas Mutual Insurance Company
Phone: (800) 859-5995
Address: 6210 East Highway 290

Austin, TX   78723-1098
Website: www.texasmutual.com

Workers Compensation Fund
Phone: (800) 446-2667
Address: 100 West Towne Ridge Parkway
P.O. Box 2227
Sandy, UT   84070
Website: www.wcfgroup.com

Washington Department of Labor and Industries
Phone: (360) 902-5800
Address: P.O. Box 44001
P.O. Box 2227
Olympia, WA   98504-4001
Website: www.lni.wa.gov

Wyoming Division of Workers Safety & Compensation
Phone: (307) 777-7159
Address: Cheyenne Business Center
1510 East Pershing Boulevard
Cheyenne, WY   82002
Website: wydoe.state.wy.us

Workers Compensation Board - Alberta
Phone: (780) 498-3999
Address: 9925-107 Street
P.O. Box 2415
Edmonton, AB   T5J 2S5
Website: www.wcb.ab.ca

Workers Compensation Board of British Columbia (WORKSAFEBC)
Phone: (604) 273-2266
Address: P.O. Box 5350 Station Terminal
P.O. Box 2415
Vancouver, BC   V6B 5L5
Website: www.worksafebc.com

Manitoba Workers Compensation Board
Phone: (204) 954-4321
Address: 333 Broadway
P.O. Box 2415
Winnipeg, MB   R3C 4W3
Website: www.wcb.mb.ca

WorkSafeNB
Phone: (506) 632-2200
Address: 1 Portland Street
P.O. Box 160
Saint John, NB   E2L 3X9
Website: www.worksafenb.ca

Workers Compensation Board of Nova Scotia
Phone: (902) 491-8999
Address: 5668 South Street
P.O. Box 1150
Halifax, NS   B3J 2Y2
Website: www.wcb.ns.ca

Prince Edward Island Workers Compensation Board
Phone: (902) 368-5680
Address: 14 Weymouth Street
P.O. Box 1150
Charlottetown, PE   C1A 7L7
Website: www.wcb.pe.ca

Saskatchewan Workers Compensation Board
Phone: (306) 787-4370
Address: 200 - 1881 Scarth Street
P.O. Box 1150
Regina, SK   S4P 4L1
Website: www.wcbsask.com

Puerto Rico State Insurance Fund Corporation
Phone: (787) 793-5959
Address: G.P.O. Box 365028
P.O. Box 1150
San Juan, PR   00936-5028
Website: www.cfse.gov.pr
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AASCIF Newsletter

Improved Tracking of Workplace Injury and Illnesses Rule

By David S. Tucker, AVP, Production Operations, Louisiana Workers' Compensation Corporation

What does the recent OSHA rule, Improved Tracking of Workplace Injuries and Illnesses, address and how does it affect your insured’s current safety and loss prevention policies?

One of OSHA’s newest rules, Improved Tracking of Workplace Injuries and Illnesses, may be misinterpreted by some of your policyholders. Therefore, you may find your safety and loss prevention team fielding questions about this rule as your policyholders seek guidance and assistance complying with the rule.

The recent filing contains two components: anti-retaliation and electronic injury and illness reporting.

The anti-retaliation portion went into effect on December 1, 2016, and was enacted first because its components will encourage employees to provide accurate information for the injury and illness reports.

The rule includes three provisions that are intended to address the anti-retaliation issue:

  • Employers are free to establish procedures for reporting work-related injuries and illnesses that best fit their business in accordance with the reporting requirements set by OSHA. However, these procedures should not discourage or deter reasonable employees from reporting an injury or illness accurately.
  • Employers must inform employees of their right to report work-related injuries and illnesses free from retaliation. This provision was put in place to improve the employee’s as well as the employer’s rights and responsibilities related to reporting of work related injuries and illnesses. OSHA also suggests that the most recent version of the OSHA poster “Job Safety and Health: It’s the Law” be placed in sight of employees and/or an employer can inform their employees of their right to report their injuries or illnesses without retaliation.
  • An employer may not retaliate against employees for reporting work-related injuries or illnesses. The provision allows OSHA to issue citations to employers who retaliate against employees as well as to encourage that full and accurate data reports are provided to OSHA for any work-related injury and illness.

Policyholder questions will likely concern the application of disciplinary, incentive, and drug-testing programs. Each of these safety programs is effective and none are banned if executed appropriately and reasonably. All three areas are important to implement to protect the safety of employees as well as company reputation. However, the potential exists for employers to use the existence of these safety programs to deter injuries and incidents from being accurately reported to OSHA. There is nothing in the rule that prohibits these programs, but employers should be deliberate to execute them in a consistent manner and not reactionary to an injury or illness.

  • The rule does not prohibit an employer from taking disciplinary action against an employee who violates an employer’s safety rules resulting in an occupational injury or illness. However, the rule addresses and prohibits employers from taking adverse action against employees for reporting work-related injuries or illnesses. Some examples of adverse action include, but are not limited to, reassignment of an employee’s job duties, suspension, employee provocation or harassment, and employment status change.
  • The rule prohibits employers from using incentive programs in a way that penalizes workers for reporting work-related injuries or illnesses. If an employee reports an injury or illness and is subsequently denied a benefit as part of an incentive program, this may constitute retaliatory action against the employee for exercising his or her right to report an injury or illness.
  • The rule prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness. Although this may be interpreted differently, employers may conduct post-incident drug testing pursuant to a state or federal law, including workers' compensation drug-free workplace policies. It is also important for businesses to know that random drug testing and pre-employment drug testing are also not subject to this rule. However, if employee drug use could not have contributed to the injury or illness, post-incident drug testing would likely only discourage reporting without contributing to the employer's understanding of why the injury occurred. Drug testing under these conditions could constitute prohibited retaliation.

Regardless of whether an adverse action is taken pursuant to a disciplinary policy, a post-accident drug-testing policy, or an employee incentive program, OSHA’s ultimate burden is to prove that the employer took the adverse action as a result of the employee-reported work-related injury or illness and not for a legitimate business reason. Determining in a particular case whether a violation occurred and whether there is enough evidence to substantiate the violation will be a fact-specific inquiry.

The second portion of the rule includes injury and illness reporting, which took effect on January 1, 2017. Specific employers are now required to electronically submit the information that was previously kept as documentation in the prior OSHA recordkeeping regulations. This portion of the rule was intended to maintain employer accountability for accurate recordkeeping and encourage prevention of injuries. Although these requirements will not be immediate for all portions of the reporting, OSHA will incrementally implement them over time.

As workers’ compensation carriers, our goal is to provide the best customer experience for our policyholders. However, no one is as well versed on OSHA requirements as the regulators themselves. Therefore, if you have any questions on the Improve Tracking of Workplace Injuries and Illnesses ruling please refer to OSHA’s Frequently Asked Questions section of its website as well as the fact sheet available online. If further clarity is needed, refer to your or your insured’s local Occupational Safety and Health Consultation office.

 

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