By Donna Motley, Vice President of Claims

We have received many requests in relation to whether or not employers can mandate COVID-19 vaccinations for their employees. I reached out to one of our attorneys, William Buie of Conklin Benham to provide information that could be shared with our policyholders. Below is the information that I received from him:

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued guidance stating that employers can generally mandate Covid-19 vaccines for employees who physically enter the workplace without violating federal antidiscrimination laws. However, employers requiring employees to get vaccinated need to consider religious and disability related objections and explore reasonable accommodations that may be required under the Americans with Disability Act.

Recently, MIOSHA has rescinded their Emergency Order and dialed down their requirements. They are strongly encouraging businesses to follow the CDC and OSHA guidance concerning protecting your workers from COVID-19 and allowing you to use your judgement in continuing using your COVID-19 Response Plans. What does that mean exactly? What are your obligations to your employees? Will they fine you? The good thing is, you are already prepared to follow the CDC/OSHA guidelines, you have your COVID-19 Response Plan, you are completing your health screenings, and you are protecting your unvaccinated employees by social distancing and/or requiring them to wear masks when they can’t maintain six feet of distance from others.

As referenced by OSHA, the CDC’s Interim Public Health Recommendations for Fully Vaccinated People explain that under most circumstances, fully vaccinated people need not take all the precautions that unvaccinated people should take. For example, CDC advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance. OHSA is recognizing the vaccination status of your employees, so if 100% of your employees are fully vaccinated, then you may stop reading and go about your life as if there is no pandemic, this is the carrot of the governing agencies. However, if you have employee’s that are not fully vaccinated, then continue on with the read. Remember, MIOSHA does have the duty to protect Michigan workers and has the flexibility to rule under OSHA.

By Donna Motley, Vice President of Claims

I didn’t grow up in a wealthy family. I received an allowance for weekly chores. Chores were not gender specific – my sisters and I did everything. We were expected to learn to budget our money. I can remember specifically receiving 25 cents per week and saving up to buy a record album that cost $3.50. Once I started to babysit (at age 12), I no longer received an allowance nor did my mother buy me clothes other than for birthday or Christmas. I was expected to buy my own clothes with the exception of an occasional purchase of material by my mother so I could sew my clothing. My best friend had the identical situation. I couldn’t wait to start working, which I did while in high-school at the age of 17. And yes, I would still babysit (at 25 to 75 cents an hour)! Right or wrong, it sure motivated me! I couldn’t wait to start working and earning money.

The point of my story – “COVID” Unemployment insurance and all the extras, is due to end – or least be substantially reduced. Theoretically, that should put a flood of people back in the workforce. I know employers are screaming for employees. It seems EVERYONE needs help! Bless the first responders and front line workers, but I think they are suffering from “burn out”. I drove past a cemetery last week that had a sign out front indicating “Help Wanted – $15.00 per hour”. The $15.00 per hour seems to be the magic number. I’m sure the cemetery is not looking for someone to dig holes in the ground – that would be a heavy equipment operator earning much more per hour. How hard could the job be? Picking up pine cones dropped by the trees? Trimming around headstones? Picking up trash? Painting a gate? While it might not be a career choice, it would certainly put money in your pocket.

So, if and when applicants are at your door, (assuming they will be), there are a few things you should consider:

The Michigan Occupational Safety and Health Administration (MIOSHA) this week issued updated COVID-19 workplace rules that all employers must follow. The rules supersede the Emergency Rules (“Rules”) filed on Oct. 14, 2020, and extended by the Governor in April through October 2021.

These rules have been scaled back for those who are vaccinated and are designed to be more aligned with the new Centers for Disease Control (CDC) guidance and the Michigan Department of Health and Human Services (MDHHS) Epidemic Orders (current and new as of June 1). The new Rules require employers to:

By Chris Demeter, Senior Loss Control Consultant

How many of you remember your first paying job? My first job was at Kentucky Fried Chicken. At 16-years old, I was frying chicken in 350°F oil in a pressure fryer until golden brown. I do recall a few burns from splattering oil while performing my duties. Overall, the job was alright since I was able to eat all the chicken I wanted and I saved up enough money to buy my first car. It was a 1970 Ford Torino GT, in which I tended to have a lead foot that led to a few unwanted but deserved traffic tickets. According to my wife, I drive like a grandpa now so no more driving like that young inexperienced driver.

Young workers have high rates of job-related injury. According to the Department of Labor, in fiscal year 2020, teens age 15-19 were treated in the emergency room for a workplace injury approximately every 5 minutes. These injuries are often the result of the many hazards present in the places they typically work, such as sharp knives and slippery floors in restaurants. Young workers are at risk of workplace injury because of their inexperience at work and their physical, cognitive, and emotional developmental characteristics, and a lack of safety training also contribute to high injury rates. They often hesitate to ask questions and may fail to recognize workplace dangers. To help address this problem, MIOSHA enacted the Youth Employment Standards Act 90 of 1978. The Act defines a minor who is less than 18-years of age, including but not limited to employees, volunteers, independent contractors, and performing artists.

By Donna Motley, Vice President of Claims

Statistics indicate 70% to 80% of individuals experience low back pain in their lifetime. I think most likely, everyone has had a sore back at some point in time.Think back to the last time you were working in your yard or garden, washing your car, cleaning your house, playing with your children/grandchildren. Or maybe your sore back is simply the result of an old bed mattress, saggy couch, sitting in one position for too long or driving a long distance. Could be anything.

A sore back can be the result of lifting, pushing, pulling, holding, carrying, throwing, slip/trip with a fall or without a fall, extended leaning, falling from ground level, falling from a height, climbing, bending, crawling, reaching, twisting, stepping, motor vehicle accident and repetitive motions.

By Ruth Keifer, MSc, ARM, Vice President of Loss Control

Our Michigan manufacturers are a tough and eager breed, our loss control team is starting to get a lot of “when can I get vaccinated” questions from you and your employees. Since this is the current hot topic of the month, we will address the question for you and your employees. Since the over 60 year olds have already had the eligibility to obtain a vaccine, we will address the other age groups.

First we need to establish what is considered a preexisting medical condition: According to the Michigan Department of Health and Human Services (MDHHS) medical conditions that place individuals at increased risk for severe illness from the virus that causes COVID-19 are eligible for vaccination and include: cancer; chronic kidney disease; COPD (chronic obstructive pulmonary disease); Down syndrome; heart conditions, such as heart failure, coronary artery disease or cardiomyopathies; immunocompromised state (weakened immune system) from solid organ transplant; obesity (body mass index [BMI] of 30 kg/m2 or higher but < 40 kg/ m2 ); severe obesity (BMI ≥ 40 kg/m2 ); pregnancy; sickle cell disease; smoking; and Type 2 diabetes mellitus.

By Travis Halsted, ARM, COSS, Loss Control Consultant

As the snow starts to build up, each of us would love to be thinking about the days where we will be turning on the air conditioning. The thoughts of doing our favorite activities in the sun seem to creep into our heads more, and more often. Those days will hopefully be here soon enough, and we should start to think about the preparation of the cooling fans that may be used in your work environment. These cooling fans include, but are not limited to: pedestal fans, box fans, pole mounted fans, industrial drum fans, and even the turbine air movers. With each of these fans there are infractions to be reviewed, and best practices to be considered. These fans are often moved from area to area, and due to this they can have particular items that are damaged, thus causing infractions.

Common Infractions

On any type of cooling fan there are some very common infractions that you can easily identify at a quick glance. Here are a few of those common infractions:

By Ruth Kiefer, MSc, ARM, Vice President of Loss Control

As you know an outbreak at your facility can be devastating not only to your staff morale but to your production line as well. This puts you in a pinch and scrambling for staff to complete your orders for 14 days while they are quarantining. As of December 8, 2020 the CDC has put forth new guidelines for quarantining. So here is the bottom line… those who have had close contact still need to quarantine and the local health department will determine the length of time, but this time could be significantly reduced.

By Travis Halsted, ARM, COSS

Well, as much as we tried to avoid it, our warmer temperatures are slipping away. As we all awake to cooler mornings, furnaces throughout Michigan are starting up. Regardless of the industry that you are in, so are the heating devices at yours. Whether it be by gas, electric or propane, whenever there is a heat source there is a hazard of fire. Workers’ Compensation Loss Control often focuses on how to reduce lacerations, strains, contusions and fractures to name a few. Life safety items are often touched on, but not a point of focus as catastrophic events are less frequent. Even the smallest fire could result in respiratory distress, burns, and even fatality claims. It is vital that loss control looks at all aspects, and because of this, I wanted to point out some tips on how to prevent potential fires from heating devices in your workplace.

By Ruth Kiefer, MSc, ARM, Vice President of Loss Control

My team and I have been trying to keep up with these crazy times and have developed a tool-kit on our portal to help assist you with this event. The MTMIC Loss Control Department is eager to assist you with providing a safe workplace for your current employees. To help you with this, we have developed Best Practices for protecting your employees, a medical check log, and have tried to clear the interpretation of how to report Covid-19 on your 300s if any employees test positive for the virus.

By Donna Motley, Vice President of Claims

By the time you are reading this, it is hoped that we are slowly getting back to “normal”, or at least our regular routine. The last couple of months have seen some employers reduce staff, temporarily shut down and/or even close their doors permanently. Once everyone is able to return to work, will everyone still have a job? Will business increase to make up for the lost time and revenue? It is anyone’s guess.

By Chris Demeter, Senior Loss Control Consultant

Every once in a while my brother will send me a link to a YouTube video of a workplace mishap caught on film. Most of the videos he sends are involving forklifts. They range from a forklift overturning, an unstable load resulting in losing its load, using a forklift improperly to elevate personnel, and forklifes driving into a racking system causing them to fall like a stack of dominoes. This may be riveting to watch, but there is a good chance someone was seriously injured not to mention the thousands of dollars in damage. To put it in perspective, the average automobile weighs approximately 3,000 lbs. and the average forklift not including the load weighs close to 9,000 lbs. To prevent the forklift from tipping forward while lifting a load, forklifts are equipped with a counterweight in the rear of the vehicle. To accommodate narrow aisle and restricted area operations, forklifts are designed with a tight turning radius. With the tight turning radius, it’s common for the rear of the forklift to strike an object such as a storage rack causing damage. It’s common for the damage to go unreported for fear of an employee write-up.

By Travis Halsted, Loss Control Consultant

During our daily discussions within MTMIC’s Loss Control team, we are constantly looking for ways to help our policyholders identify ways to be proactive and compliant with MIOSHA’s standards. One area that comes up quite often are confined spaces. Whether it be construction or general industry,

MIOSHA regularly cites infractions for these often overlooked areas. Through the 10 years I have been involved in workplace safety, I have found the confined space topic to be the most difficult topic to complete, discuss, teach and interpret. Is it a confined space? If so, is the area a permit required confined space? If it is a permit required confined space then am I able to eliminate the need for the permit? These are all great questions and they often leave people with their head spinning. In many cases, the person just ends up not completing the necessary items.

By Ruth Kiefer, IH, ARM, Vice President of Loss Control

The year end is fast approaching and once again we will be addressing your record keeping questions for the next few months to come. MiOSHA requires that all recordable injuries be logged onto the MIOSHA Form 300 throughout the year, and when it comes to determining how many days away from work should you be logging on the form always results in questions. To better prepare you in completing the MiOSHA Form 300, let us review some of the most common questions regarding days away from work. Over the years, the questions below, have been some of our most common questions to date that we seem to get every year.

(1) How do I record a work-related injury or illness that results in days away from work?

When an injury or illness involves 1 or more days away from work, you must record the injury or illness on the MIOSHA 300 Log with a check mark in the space for cases involving days away and an entry of the number of calendar days away from work in the number of days column. If the employee is out for an extended period of time, you must enter an estimate of the days that the employee will be away, and update the day count when the actual number of days is known.

By Travis Halsted, Loss Control Consultant

If you ask any member of our Loss Control Department, what is one of the questions that we hear most often, our answer will be “how do you remember all of these rules”. While our answers to that question may vary, the most accurate answer, is that we take continuing education opportunities in the field of safety items, ergonomics and MIOSHA standards. These classes provide us with knowledge of new standards, changes in current standards, how rules can be interpreted in different manners, risk management efforts and an overall understanding of the current safety world. At MTMIC, we encourage our policyholders to also take part in continuing their education. As we are all aware of the need to manage costs, MTMIC offered this class to our policyholders at no charge to them.

By Donna Motley, Vice President of Claims

A while ago I wrote about the medical profession’s new diagnosis of “Text Neck” – concerns about physical conditions being created by a person’s head being constantly bent forward while using a cell phone. Reading material I have received recently from a physical therapy facility now lists additional “new” diagnoses: Texting Thumb, Selfie Elbow, Text Neck and Tablet Tingling. These are new titles for “overuse conditions” officially titled Trigger Thumb, DeQuervains Tenosynovitis, Epicondylitis and Carpal Tunnel Syndrome. All of these conditions relate to straining and overuse of said body part resulting in inflammation.

By Donna Motley, Vice President of Claims

Truly, it wasn’t that long ago everyone was complaining about snow, ice, cold and asking the question “Where is Spring?” As most assumed, we really didn’t have a “Spring”, instead, we went right into summer. That “sudden change” is a stressor to our bodies. Being immediately thrust into heat and humidity can take a toll on anyone. Typically, Spring gives us time to gradually acclimate to warmer weather conditions. Now that the heat has arrived we have to learn to deal with it!

MTM members are well acquainted with their Loss Control representative and the services they provide. MTM Loss Control focus has been the same for 44 years. Last year we conducted in excess of 950 site visits. Given that we have 921 existing members, almost all members see their Loss Control rep in person regularly.