Safety and Workers' Compensation Management

What’s a VSSR?

Under Ohio law, if an employer is not adhering to safety requirements, it can be hit with a violation of a specific safety requirement (VSSR). If the VSSR is found to be valid, an injured employee is eligible for compensation (in addition to workers’ compensation awards) paid directly from the employer’s pocket.

This insight from OMA general counsel Bricker & Eckler examines how VSSRs are determined, the penalties that can follow, and how Ohio’s House Bill 81 (enacted last year) has changed the VSSR process. 10/20/2021

OSHA’s Top 10 Most Frequently Cited Standards

OSHA has revealed its preliminary top 10 most frequently cited workplace violations for fiscal 2021. Atop the list for the 11th consecutive year were fall protection citations, followed by citations connected to respiratory protection, ladders, scaffolding, and hazard communication. See the entire top 10 list. 10/20/2021

Supreme Court of Ohio Reaffirms Employer’s Right to Raise Voluntary Abandonment

OMA Connections Partner Roetzel has summarized recent rulings by the Supreme Court of Ohio that reaffirm an employer’s right to raise voluntary abandonment as an affirmative defense to an injured worker’s request for temporary total benefits. Read the summary.

The firm notes House Bill 81 — enacted last year to establish a statutorily recognized basis for voluntary abandonment — created some confusion in administrative hearings before the Industrial Commission (IC). With its recent rulings, the court has reaffirmed employers’ ability to defeat a claim for temporary total benefits by making a good faith alternative job offer. 10/12/2021

Pot Legalization Plan Offered by Two House Republicans

Ohioans who are 21 and older could buy and use marijuana for recreational purposes under a new plan to be offered by Reps. Jamie Callender (R-Concord) and Ron Ferguson (R-Wintersville). The proposal would be Ohio’s second marijuana legalization bill pending in the legislature after House Democrats introduced House Bill 382 in early August.

Meanwhile, OMA Connections Partner Working Partners^® has published this guidance titled, “Three Things to Understand Before Making Marijuana Policy and Operational Decisions.” 10/13/2021

Ohio BWC Reimburses Employers in Select Counties for Operating Drug-Free

OMA Connections Partner Working Partners^® has published this updated summary on the Substance Use Recovery and Workplace Safety Program (SURWSP), administered by the Ohio Bureau of Workers’ Compensation (BWC). The SURWSP reimburses eligible employers for qualifying expenses related to implementing, operating, and maintaining a drug-free workplace program.

Eligible employers must be located in one of the participating counties, be in good standing with the BWC, and complete a simple online form to enroll in the program. See these FAQs for more information. 10/7/2021

Why Masks Work

To help combat the spread of COVID-19, the Ohio Department of Health recently published this three-page document, titled “Why Masks Work.” According to the publication, studies have found that wearing a multi-layer cloth mask blocks as much as 70% of exhaled small droplets and particles, which spread the virus. For visual proof regarding the efficacy of masks, see this video. 10/7/2021

BWC Round-Up: Website Down for Maintenance, Oct. 3

Recent updates from the Ohio Bureau of Workers’ Compensation (BWC) include:

• The BWC’s website will be down for maintenance between 3 p.m. and 6 p.m. on Sunday, Oct. 3.
• The BWC board last week approved an expansion of the December 2020 dividend to include around 3,000 employers that originally didn’t meet eligibility requirements.
• The BWC board also approved an average 10% rate cut for public employers.

Upcoming BWC events are listed here. 9/30/2021

Webinar: Requirements and Best Practices for OSHA Training

At 10 a.m. Thursday, Oct. 7, the OMA will host a webinar addressing OSHA training requirements and best practices, taking into account the current COVID-19 environment. Register here. 9/29/2021

Webinar on Demand: Workers’ Comp Claims Management 101

ICYMI, this week the OMA’s Workers’ Compensation Services team presented a one-hour webinar covering the basics of claims management.

You can access the recorded webinar at your convenience.

While a one-hour webinar provides a good overview of claims management, claims strategies and tactics are complex. Contact the OMA team for expert insight. 9/22/2021

OSHA Expands Heat Protection Efforts

The Biden administration is expanding OSHA’s efforts to address heat-related illnesses. The initiative prioritizes heat-related interventions and inspections of work activities on days when the heat index exceeds 80 degrees Fahrenheit. It applies to indoor and outdoor worksites.

More details can be found here. Also, read this analysis from OMA Connections Partner Fisher Phillips. 9/21/2021