Safety and Workers' Compensation Management

BWC’s New Rule on Health and Behavioral Assessment Intervention Explained

OMA Connections Partner Dinsmore posted this good description about how the BWC’s new health and behavioral assessment intervention (HBAI) rules are intended to work: “… the BWC has taken on a new initiative to address cognitive, emotional, behavioral, social and psychological issues in a claim that are not directly related to the allowed conditions. It believes that these kinds of issues increase the risk of prolonged pain and disability. … Codified as OAC 4123-6-33, the rules provide that when an injured workers’ physician of record (POR) determines recovery may be delayed due to either behavioral or health issues, the POR can request an assessment of the injured worker by an independent medical provider who will determine any potential behavior issues which may serve as a barrier to overall recovery.”

Per Dinsmore: “The purpose of HBAI services is to attempt to speed up the recovery of injured workers, thereby reducing claims’ costs and time off of work. While these are worthy goals, it is unclear how frequently these requests will be seen in actual practice. It is also unclear how emotional/behavioral barriers to recovery can and will be differentiated from the treatment of psychological conditions, which are not part of the underlying workers’ compensation claim and which is excluded under the rules. ”

Read the full post from Dinsmore. 8/17/2018

BWC Medical Chief Earns Industry Recognition

The chief medical officer for the Ohio Bureau of Workers’ Compensation has earned a distinction recognizing him as one of the nation’s most accomplished and influential physician leaders.

Terrence B. Welsh, MD, earned the prestigious Certified Physician Executive (CPE) certification from The American Association for Physician Leadership. The designation indicates a physician has achieved superior levels of professional excellence and management education while also demonstrating effective health care industry knowledge and leadership skills.

The American Association for Physician Leadership is the nation’s largest organization solely focused on leadership education and management training for physicians.

Welsh oversees all medical components of BWC and directs medical policy. 8/20/2018

BWC True-Up Deadline has Passed

The BWC has notified OMA that a substantial number of employers still have not processed their premium true-up that was due August 15.

Employers that complete the true-up after the deadline are not eligible for the Go-Green discount but can maintain program eligibility by completing the true-up as soon as possible. Failure to file the true-up and pay any additional premium due will result in disqualification from discount programs, including group experience rating.

Questions? Contact OMA’s Brian Jackson. 8/23/2018

BWC Employer Webinar is Aug. 30

The BWC’s August employer webinar will provide information about Another Billion Back rebate mailings, private employer annual true-up, the One-Claim and 100% EM-Cap Programs, and employer program updates along with the monthly safety tip.

Join at 11:30 a.m. on Thursday, Aug. 30. Register here. 8/14/2018

BWC Premium Due Aug. 21 for Many Employers

BWC reminds us that many employers have a premium installment payment due on August 21, 2018.

The quickest and easiest way to make a payment is online with a BWC e-account. 8/15/2018

OSHA Extends Some Compliance Dates for Beryllium Standard

OSHA issued a final rule to extend the compliance date for specific ancillary requirements in the general industry beryllium standard to Dec. 12.

The extension applies to methods of compliance, beryllium work areas, regulated areas, personal protective clothing and equipment, hygiene facilities and practices, housekeeping, hazard communication, and recordkeeping.

During this time, the agency will prepare a Notice of Proposed Rulemaking to clarify certain provisions that maintain worker safety and health, and address employers’ concerns with compliance. 8/16/2018

Compliance Assistance Resources for OSHA’s Silica Standard

OSHA’s silica standards require employers to limit worker exposures to respirable crystalline silica and take steps to protect workers. OSHA has several new resources to help employers meet the requirements of the standards. Visit this OSHA page. 8/16/2018

OSHA Redesigned Regulations Webpage

OSHA redesigned the Law and Regulations webpage that features information on standards and rulemaking.

Users can now search standards by keyword or number, find a list of key resources, and see the latest updates on active rulemaking. The page also features information buttons to explain regulatory language that may be unfamiliar to some users. 8/7/2018

Ideas for Excellence in Safety Management

Here’s a couple recently recorded webinars about achieving safety excellence: How to Design and Hold Great Safety Meetings from the American Society of Safety Professionals and Managers and Supervisors as EHS Leaders from OMA. 8/7/2018

OSHA Proposes to Modify Tracking Rule

From a Department of Labor Bulletin: “The Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued a Notice of Proposed Rulemaking (NPRM) to better protect personally identifiable information or data that could be re-identified with a particular individual by removing provisions of the “Improve Tracking of Workplace Injuries and Illnesses” rule.

“OSHA believes this proposal maintains safety and health protections for workers, protects privacy and reduces the burdens of complying with the current rule.

“The proposed rule eliminates the requirement to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses), and OSHA Form 301 (Injury and Illness Incident Report) for establishments with 250 or more employees that are currently required to maintain injury and illness records. These establishments would be required to electronically submit information only from OSHA Form 300A (Summary of Work-Related Injuries and Illnesses).

“Under the current recordkeeping rule, the deadline for electronic submission of Calendar Year (CY) 2017 information from OSHA Forms 300 and 301 was July 1, 2018. In subsequent years, the deadline is March 2.

“OSHA is not currently accepting the Form 300 or 301 data and will not enforce the deadlines for these two forms without further notice while this rulemaking is underway. The electronic portal collecting Form 300A data is accepting CY 2017 data, although submissions after July 1, 2018, will be marked late.”

Here’s an analysis of the OSHA action from OMA Connections Partner Dinsmore. 7/31/2018