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Risk Management for Work-From-Home Employees

We all know that workplace safety is important – but not much thought is given to those who have moved to teleworking during the COVID-19 pandemic. Many companies have found that moving to teleworking worked so well for them, that they have not insisted on people returning to the office full time. 
You can’t realistically go to every employee’s home and inspect their home office set up, but you can provide some helpful guidelines that should reduce the likelihood of work-related injuries at home. 

 

•    Seated desks should be about 29” high. For standing desks, use elbows as a guide for desk height, as it varies from person to person. 

•    The top of your monitor should be at eye level, and about 20-25” from your face. 

•    Try positioning yourself in an area of neutral natural light. A window behind the worker will create a glare on the screen, and a window behind their monitors can make the screen equally difficult to read – and both can lead to eye strain and headaches. 

•    Chances are they don’t have a proper (ergonomically correct) desk chair at home, so they should be able to rest their back against the chair back and their feet on the floor. The employer can choose to provide ergonomic supports for any shortcomings, but the employee can usually do this at home with a phone book under the feet or a rolled towel for added lumbar support.

•    No electrical cords should be running across a walking space, to avoid trip hazards. 

•    Speaking of electrical cords, don’t "Griswold" a home office by using more than one extension cord or surge protector for one area.

•    Have a plan for reporting WFH injuries, and provide injured workers with treatment options that are close to their home. The occ-health centers close to your business may not be convenient for employees in other cities. 

•    Consider having employees sign off on a “work from home” agreement outlining expectations.

Even with all of those checkpoints in place, you could still have an employee file a workers’ comp claim for an injury sustained while working from home. So what happens then? The same standards apply at home as when at a company worksite, which are – did the injury occur in the course of, and arising out of employment?
Examples include a slip and fall from tripping over a computer cord, or carpal tunnel from prolonged and repetitive typing.  The claimant would still have to prove that the injury occurred from an activity exclusively related to their job, and also that it occurred during work hours.


The other big question is, “Did the injury occur when the employee was doing a task to benefit the employer?” If there was no benefit to the employer when the injury occurred, an employer may want to contest that claim. If the employee slips and falls while going to answer the doorbell, where would the benefit to the employer lie?
A lot of gray areas can arise from these types of claims, but the same questions are asked and still need to be met by a claimant filing a workers’ comp claim. If you have questions about compensability of an at-home injury, please reach out your claims examiner at Spooner Inc. If you're not a Spooner client and would like to learn more about how our claims management team handles these gray areas to Brian Davis at 440-596-1978.
 

Most Recent

DOL Issues Final Rule on Independent Contractors

Posted By Brandy King
January 17, 2024 Category: DOL, Independent Contractors, Ohio Bwc, Workers' Comp

Who’s Really an Independent Contractor? DOL Finalizes New Rule Clarifying Classification Earlier this month, the U.S. Department of Labor (DOL) finalized its rules regarding classification of independent contractors. The organization hadn’t previously defined this by regulations, only by guidelines (which are as clear as OSHA “best practices”).  The updated rule creates a six-factor “economic realities” test to determine whether or not a worker is truly an independent contractor under the Fair Labor Standards Act (FLSA). Among others, the test includes factors such as degree of permanence, amount of control the employer holds, and the worker’s skills.   Since Ohio employers aren’t required to cover 1099 employees under their BWC policy, we have a lot of discussions with clients about whether or not a worker actually meets the qualifications of being an independent contractor. Understanding these qualifications is not only important for insurance purposes, but also for recordkeeping, and the application of minimum wage and overtime rules.  Our friends at Roetzel & Andress have done a great job of explaining this new classification rule in a way that’s easy to digest and understand, so we’re deferring to their recent update for the details.  For more info on how independent contractors can impact your Ohio BWC policy, check out this blog.  This goes into effect March 11

A Guide to Submitting 2023 OSHA Logs

Posted By Brandy King
January 17, 2024 Category: OSHA, Electronic Recordkeeping, Form 301, Form 300, OSHA 300A, Safety, Incident Reporting, Compliance

It’s time to post and electronically submit your OSHA logs - and this year, submission requirements will impact far more U.S. employers. We discussed this in detail when the rule was finalized in July 2023. Effective January 1, 2024, OSHA will require employers with over 100 employees in certain high hazard industries to complete electronic records submissions of Forms 300 and 301, in addition to Form 300A. These are records that covered employers should already be keeping, but previously have not been required to submit. The impacted industries include (but aren’t limited to) retail, wholesale, performing arts, manufacturing, farming, and grocers. Our safety team agrees that the fastest, easiest way to find out your company’s submission requirements is to use this ITA Coverage Application. Enter your company’s NAICS code and employee count, and it will confirm which logs should be submitted. As a general guide: 20-249 employees and on this list must submit 300A 100 or more employees and on this list must submit the 300A, 301 and 300 log.  Employee count is “per establishment,” not entire corporation size. So, what is OSHA’s definition of an “establishment?” An establishment is a single physical location where business is conducted, or where services or industrial operations are performed. For activities where employees do not work at a single physical location - such as construction, transportation, communication

Grading Payroll Providers on Enrollment and W-2 Performance

Posted By Brandy King
January 17, 2024 Category: Payroll, Overcharging, Additional Fees, Surety HR, SI PEO, Payroll Processing Fees, ADP Fees, Paychex Fees

With 2023 group health enrollments behind us, and W-2 season wrapping up – most employers have a strong opinion about the role their payroll provider played in both of those, good or bad.  Let’s consider open enrollment first. If your payroll provider utilizes an electronic benefits module, and made an implementation plan with your broker – things should have gone smoothly. Benefits enrollment is always subject to hitting snags throughout the process. Here are some things to consider:  •    Was there communication between all parties if a timeline changed? •    Was everyone pulling in the same direction, without making you (the employer) an unnecessary go-between?  •    Was every party involved invested in making sure things were done right the first time? •    Have you considered an API connection or Data Bridge with your Carrier?  (Fees may apply)  It’s important not to over- or under-rely on technology. Let the electronic benefits modules do their job, but make sure you and your payroll provider have your eyes peeled for potential issues.  W-2 season brings similar headaches. If the employer has done their best to ensure that all employee info is up-to-date and accurate, the prevention and resolution of those headaches’ rests heavily on your payroll provider. If employees have questions about W-2s, or there’s a potentia

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