Safety and Workers' Compensation Management

Weighing Your Options With New Mask Guidance

Masking policies are changing fast and furiously following the CDC’s revised guidance. OMA Connections Partner Safex has published this update on what employers need to know to navigate the change. Safex notes that employers have the right to follow CDC guidelines or not.

Also, check out this “seven-step blueprint for a maskless workplace” from OMA Connections Partner Fisher Phillips. 5/18/2021

Light Duty Can Be a Useful Claim Management Strategy

OMA general counsel Bricker & Eckler has posted this insight regarding the utility of light duty when managing a workers’ compensation claim. A proper light-duty job offer is a safe and strategic way of returning an employee to work while also saving in claim costs. Ohio workers’ compensation laws provide that a light duty job offer can prevent or terminate temporary total disability (TTD) compensation, but it must be done properly.

Consult with an OMA workers’ compensation account manager for specific advice. 5/17/2021

Take Steps to Protect Workers from Extreme Heat

OSHA this week reminded employers that they are responsible for protecting workers from temperature extremes and should establish a heat illness prevention program if workers are exposed to conditions that can cause heat illness. Learn more here. 5/18/2021

Industrial Commission Budget Sent to Governor

The Ohio Industrial Commission’s two-year, $109.6 million operating budget (House Bill 76) was approved by the Senate this week. The measure is now before Gov. Mike DeWine for his consideration. The Industrial Commission budget — which funds the operations of the adjudicating body that resolves disputed workers’ compensation claims — is considered the simplest of the four operating budgets. Financing of the commission comes through employer assessments. 5/19/2021

CDC Lifts Indoor Mask Guidelines for Fully Vaccinated People

On Thursday, May 13, the CDC announced new guidance that fully vaccinated people, for the most part, no longer need to wear masks indoors. The agency also said fully vaccinated people don’t have to wear masks outdoors, even in crowded spaces.

The revised guidelines say fully vaccinated people must still wear a mask in health care settings, transportation hubs such as airports and stations, and public transportation. That includes planes, buses, and trains. 5/13/2021

Ohio Will End COVID-19 Health Orders on June 2

This week, Gov. Mike DeWine announced that on June 2, Ohio will lift the statewide mask mandate and all other COVID-19 health orders, except those for nursing homes and assisted living facilities. Here’s what the OMA had to say about the announcement.

In his remarks, the governor noted that businesses will be allowed to continue to “make their own decisions” about how to best keep their customers and employees safe, adding that he expects many stores and businesses may continue requiring social distancing and masking.

Bricker & Eckler, the OMA’s general counsel, has written this one-page analysis regarding Ohio’s plans to end the statewide COVID-19 health orders — and what it means for manufacturers. It notes that local health departments or governments may still enforce local orders and ordinances. 5/13/2021

House Advances Workers’ Comp Budget

The House this week approved its version (House Bill 75) of the $715 million budget for the Ohio Bureau of Workers’ Compensation (BWC). HB 75 contains notable reforms, including moving the statute of limitations for occupational diseases to one year from two years, aligning it with that for injuries and preventing claimants who were previously denied a permanent disability benefit from reapplying unless there is a change in circumstances.

During floor debate, the House rejected an amendment that would have extended traditional workers’ comp coverage to first responders with PTSD and without an accompanying physical injury. Also defeated was an amendment to define COVID-19 as an occupational disease for first responders and food service workers.

Last year, the BWC — funded 100% by Ohio employers — provided coverage to 249,000 employers, approved 71,519 new injury claims, and paid $1.35 billion in wage loss and medical benefits, according to a report by Gongwer News Service. The BWC has issued $9.2 billion in dividends to employers since 2019, while reducing rates on several occasions. Claims numbers are down about 25% over the last year. 5/14/2021

Busy Time of Year for BWC Policy Management

This is a busy time of year for managing your Bureau of Workers’ Compensation (BWC) policy. Here’s a recap of upcoming key dates:

• May 3 – May 28: MCO open enrollment.
• May 15: Last day to change installment schedule for policy year 2021 (begins July 1). Contact BWC or log into your policy.
• May 28: Application deadline for Drug-free Safety Program (DFSP), Industry-Specific Safety Program (ISSP), and Transitional Work Bonus Program.
• May 31: Deadline for Policy Activity Rebate (PAR) program participants to complete requirements.
• June 1: First invoice sent for policy year 2021.
• June 21: First installment payment due for policy year 2021.
• June 30: Safety-compliance deadline for employers participating in a group plan and that had a claim between July 1, 2018 and Sept. 30, 2019. Attend two hours of safety training or complete BWC’s online accident analysis form and course.
• July 1: Policy year 2021 starts.

Also in June, BWC will send a reminder to true-up your payroll for the 2020 policy year. Payroll true-up starts on July 1 with a deadline of August 16.

If you have questions about anything workers’ comp, contact your account manager or Brian Jackson. We’re happy to help. 5/12/2021

OMA Endorses HMS as MCO for Manufacturers

The Ohio Bureau of Workers’ Compensation (BWC) is offering Managed Care Organization (MCO) open enrollment this month. But why does your choice of MCO matter?

A primary role of the MCO is to provide medical management of workplace injuries or illnesses. Therefore, it makes sense to work with the MCO with the best record of safely returning workers to duty while controlling costs that affect billed premiums.

Health Management Solutions (HMS) is the only OMA-endorsed MCO. HMS has the best-in-class return-to-work performance, according to the BWC’s 2021 MCO Report Card (and six of the last seven report cards). It’s simple to switch to HMS and have your claims expertly managed. Just click here or here. Claims will be smoothly transitioned to HMS effective June 28.

Open enrollment only occurs every two years; the current open enrollment period ends May 28. Choosing an MCO costs nothing and your choice of MCO doesn’t affect any relationship you may have with a workers’ compensation third-party administrator or your group discount participation.

Contact your OMA account manager, Brian Jackson, or Crissy Roach if you have questions. 5/7/2021

OSHA to Host Pandemic Safety Summit (Virtually)

OSHA will host an online summit May 10-13 to address workplace safety during COVID-19. There is no cost to register for this event, which is titled “Building a Safer Future – Workplaces During the Pandemic.” 5/6/2021