By Donna Motley, Vice President of Claims

Before setting goals, you need to evaluate the past. I’m not referring to New Year Resolutions – I’m referring to behavioral changes. Review the work related injuries that occurred at your facility this past year. If you count “zero” – keep up the good work – something is working in your favor! Is it your safety program? Safety meetings? Safety training? A Safety reward program? Open communication with your employees? Work place culture? All of the above?

Did your facility record a “near miss” or two? If so, consider a near miss to be a “warning” of what could have happened. Review the near miss scenario to de-termine what could have happened, i.e. the worst case scenario. Then review and implement corrective actions to avoid another such incident. Michigan is a “no-fault” system. Workers’ Compensation benefits are not deter-mined based on whether or not the employee was “at fault”, resulting in the injury. The only exception is if the employee is injured as a result of their intentional and willful misconduct, (i.e. – the employee punched the wall in anger).

By Travis Halsted, ARM, COSS, Loss Control Consultant

In the upcoming year of 2023, I will be celebrating my 10 year anniversary with MTMIC. I have met some amazing people and been through incredible facilities that complete processes that truly change the world. Regardless of the type of facility, I am often met with the question of “what else can we do”. That facility may have a strong safety culture within their employees, and a proactive management commitment to health and safety, but they still want to do more. I can answer them quickly and with certainty. I simply tell them to find the third leg of their triangle of success. With that answer I often get a unique look, but they are usually intrigued and want to hear more.

By Donna Motley, Vice President of Claims

When someone tells you they have “good news” and “bad news” – which news do you want to hear first? For me, it depends on what kind of mood I’m in at the moment. As we all know, we are still feeling the aftershock of COVID-19 – and maybe will for a long time to come. One of the negative events was termed “The Great Resignation”. Employees resigned from their employment in record numbers. A large segment of those ending their employment were of, or nearing, retirement age. This resulted in a large loss of “experienced and skilled” employees. This loss of experience has a major impact on the employer, regardless of the industry; industrial, hospitality, construction, trucking, etc. This is bad news for employers.

After two years, The Great Resignation has morphed into “The Great Reshuffle”, meaning a significant number of employees that resigned (or were let go) are now working their way back into the workforce. Some workers returning to the same industry they worked in the past; some workers are attempting new career paths. Reports indicate that in May 2020, 54% of workers 55 and older were either working remotely or unable to work at all (in their particular industry). Today, that figure has decreased to 15%. The U.S. Bureau of Labor Statistics indicates that by year 2030, one in four U.S. workers will be 55 or older. That is the good news!

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

Heat Illness Prevention Plan

Last month MIOSHA issued a new SEP regarding a Heat Illness Prevention Plan, I’ve been getting a few phone calls regarding what’s in this plan and what you need to do as employers to comply with this new emphasis plan. Yes, this does cover both inside and outside employees, new workers, temporary workers, full-time, part-time, basically, any worker who is exposed to hot and humid conditions. These conditions are becoming a bit more common than we’d like. Special attention should be placed on new and returning employees since they will need to build up a tolerance to your warm environments again.

By Chris Demeter, Senior Loss Control Consultant

Starting a new job is often filled with a variety of training. From learning the nitty-gritty of everyday life at the company – like how to access your email or where to find supplies – to sessions about the company culture, your first days on the job are typically spent learning more about what you will be doing than actually doing it. Often wedged somewhere between sessions about your company’s history and how to use your vacation hours are training sessions about safety.

While safety training is prioritized in certain fields like construction, it’s not always given the level of attention it deserves in other industries. Even though workplace injuries are three times more likely to occur in employees who have held their job for three months or less, safety training is often limited. In many cases, this is the only time that on-the-job safety is mentioned, at least until an accident happens or the company prepares for an audit.

By Donna Motley, Vice President of Claims

It has been two years since the start of COVID; and COVID continues to impact our daily lives. As the virus continues to linger and spread, albeit with “variations”, our lives have had to adjust. As we attempt to regain our independence and sense of “normalcy”, society has been attempting a Return to Work. Our department has seen an increase in work injuries, primarily injuries to workers with less than a year of seniority with the employer.

For multiple reasons, injuries to employees of less than a year on the job is common. During and post COVID, employers have been faced with an exodus of employees. Now that people are having to return to work, they may attempt work in a field entirely new to them. Commencing new employment of any kind requires a certain amount of training. The work environment may be foreign to a new hire, the pace may be different from that of their previous employment. Management’s structure most likely is different from what they were previously familiar. Expectations may be different. The actual “tools of the trade” may be new to them. Maybe the new employee hadn’t worked in a year or more and they now have to be at work by 7:00 A.M.

By Ruth Kiefer, MSc, ARM

As the pandemic created a bit of a challenge for us during the past two years, it also created a fiscal challenge for MIOSHA compliance. In review, pre-pandemic era of 2019, MIOSHA issued 543 safety related violations and collected $1.38 million in fines. In 2020, they issued 352 and collected $1.07 million in fines. I have yet to find the 2021 data, so we have a gap year of 2021. With this said, you can see that they were still out conducting some visits in the 2020 year but have a lot to make up. I would like to take this opportunity to contrast the two years to show you that some of these safety violations remain a top priority in MIOSHA’s enforcement efforts and should be a top priority to address in your facilities prior to a compliance visit.

As a reminder, this is only a partial list of possible things they can look at, the above is just some of their top SERIOUS violations. These were the most common violations between the two years and with the most for you to lose in penalties. As enforcement is increasing their efforts to address their fiscal short fall, I would highly recommend that you contact your Loss Control Representative and invite them in. We can take a proactive approach to address some of the safety items that may have creeped back into your facilities over the last two years. The pandemic shifted the way we did business and ran our facilities, as we migrate back to normal, so must we all in complying with the MIOSHA standards of safety. We’d love to help you!

By Travis Halsted, ARM, COSS

June is often a month of attending graduation open houses, weddings, spending time opening pools and just enjoying the warm weather. What few realize is that June is also National Safety Month. This month is meant for people to focus on how they can keep their environment safe and free from unsafe and unhealthy conditions. This can include your home, social and/or work environments.

During many of my recent visits with policyholders, I have heard quite a few fantastic ideas on how companies are not only using National Safety Month as a way to catch up on trainings, but also as a chance to celebrate their workplace health and safety accomplishments. While many of the topics are serious in nature, and vital to learn, nothing says that we cannot make these learning opportunities fun.

By Donna Motley, Vice President of Claims

With inflation as a 40-year high, it seems the price of everything is increasing. Medical expenses are no exception.

Workers’ Compensation wage loss benefits are established by the State of Michigan, at the beginning of the year, every year, based on the State Average Weekly Wage. These weekly benefit rates, which includes a “maximum” rate, are published “on line” on the State’s website. Remember, we only handle Michigan Workers’ Compensation claims in our office. Wage loss benefits are calculated based on the highest 39 weeks of the previous 52 weeks of gross weekly wages of the injured worker, along with the number of claimed dependents allowed by the Workers’ Compensation Act. The rate established at the time of injury remains the same for the life of the claim. There is no cost of living increase, but the rate can be decreased if a claimed dependent no longer qualifies. There are decreases in the weekly benefit once an injured worker turns 65 years old – typically 5% per year or reduction taken when the injured worker begins taking Social Security benefits. Other than that, a weekly benefit rate established in 1997 is the same amount the injured worker would receive in 2022 if they are under the age of 65. Not much we can do about an established benefit rate.

By Chris Demeter, Sr. Loss Control Representative

If I inspect a tool & die shop, I would more than likely find at least one bench or pedestal grinder. If you went into my garage, you would find a pedestal grinder that comes in handy when I need to sharpen my lawnmower blades, mine has three. These grinders come in many styles, sizes, and designs. Typical bench and pedestal grinders often have two abrasive wheels, or one abrasive wheel, and one specialpurpose wheel such as a wire brush, a buffing wheel, or a sandstone wheel.

Grinders operate at very high speeds – the wheels often rotate at several thousand RPMs. If a grinding wheel shatters while in use, the fragments can travel more than 300 mph, so there’s a risk for serious injury from flying fragments and the rotating wheel assemblies (including the flange, spindle end, and nut). Abrasive wheels used on bench and pedestal grinders must be equipped with safety guards. The safety guard encloses most of the wheel — covering the flange, spindle end, and nut projection — while allowing maximum exposure of the wheel periphery. The exposed surface of the wheel should not exceed 90 degrees or one-fourth of the periphery.

By Ruth Kiefer, Vice President of Loss Control

With manufacturing in full swing, and limited employee resources, I am sad to say that in recent months, we have had a few severe amputation injuries resulting from employees not using safety die blocks when any body part (fingers, hand, arms, torso, etc.) reaches into a mechanical or hydraulic press. These safety die blocks are required when any body parts are in between the die set, punches, and bolster plates. During these injury events, employees were either making adjustments, troubleshooting, removing parts, or doing die repair and were not using die blocks.

By Donna Motlet, Vice President of Claims

It is a New Year! It seems some things change and some things remain the same, almost as if we are in some sort of time warp!

What’s new?

• For the year 2022 the new maximum weekly Workers’ Compensation benefit rate is $1,048.00. The State bases this rate on a State Average Weekly Wage of $1,163.79. Compare the Workers’ Compensation maximum which is “non-taxable” to the State Unemployment weekly maximum benefit that IS TAXABLE, $362.00. Obviously, the Workers’ Compensation weekly benefit is determined by averaging the highest 39 of 52 gross weekly wages, pre-dating the date of injury. The maximum Workers’ Compensation weekly benefit rate for 2021 was $975.00.
• The new mileage rate paid for 2022 covering mileage to and from medical appointments is $.585. The mileage rate paid for 2021 was $.56.
• In December 2021 one of the appointed Workers’ Compensation Court Magistrates “quit”. The State’s Governor appoints the Workers’ Compensation Court Magistrates. A replacement Magistrate was appointed with an expiring term of January 26, 2023. Effective January 26, 2023, 7 of the 14 currently appointed Magistrates have a term expiration. The remaining 7 Magistrates remain through January 26, 2025. There is a gubernatorial election in November 2022. It would appear that the “incoming” governor would be responsible for the new Magistrate appointments.
• Michigan Workers’ Compensation Plaintiff Attorneys got a pay increase. Their fee has been calculated at 15% of the first $25,000 (settlement), then 10% of the settlement balance. Their fee is now calculated at 20% of the first $100,000 (settlement), then 15% of the settlement balance.
• Michigan Workers’ Compensation Courts are open but will still conduct business via Zoom and Affidavits on a case by case basis.
• Per the Michigan Workers’ Compensation Act, wage loss benefits can be coordinated with Unemployment Benefits, with Workers’ Compensation taking a 100% credit of the Unemployment Benefits paid. During COVID, workers alleging work related disability were allowed to receive both State and Federal (Unemployment) benefits. Attorneys representing injured workers are diligently attempting to have orders passed eliminating Workers’ Compensation coordinating with Federal benefits.
• Multiple platforms continue to push for legislation citing COVID as a work related occupational disease/condition. Said attempts are at both, State and Federal levels, and vary from state to state.

What is not new ?

• Employees continue to diagnose with COVID/Omicron, continue to “test” for COVID/Omicron, allege exposure to COVID requiring the necessity to quarantine. Employers still suffer from a labor shortage, consumer products are experiencing shortages, a significant portion of the workforce continue to work from home, doctor offices limit visitor attendance, physician appointments are being cancelled and rescheduled. Debate continues over vaccination and vaccine mandates. Recreational marijuana is legal. Stress levels remain high. Everyone is anxious for Spring/Summer!

When hiring new employees, please make sure they receive proper training and instruction to perform their job duties. We have seen an increase in serious injuries of recent hire employees. Please stress the importance of NOT taking shortcuts – the results can be serious. Please make sure new employees are familiar with your company policies, procedures and protocols. While a short-cut may seem like a good idea at the time, taking a short cut can create serious long-term issues. Employers must also keep MIOSHA regulations in mind at all times.

By Travis Halsted, ARM, COSS
Loss Control Consultant

I hope that we are all getting excited about the holidays coming up, and that we are able to take a few moments to be thankful for positive aspects of our daily lives. I know that I am truly thankful for all of the efforts that our wonderful policyholders have done during these tough times to make safer workplaces.

By Chris Demeter, Senior Loss Control Consultant

Over the years, I have been in more fab shops than I can remember. The equipment in these shops may vary, but most are equipped with different types of saws, welders, and various pieces of metalworking equipment. One of the most common pieces of metalworking equipment is the power press brake. These metalworking machines bend and form parts through the use of tooling (dies) attached to a ram or slide and a bed. Metal working occurs by placing stock, primarily sheet metal, on a bottom die and pressing it with a top die attached to the movable ram. Press brakes are mechanically or hydraulically powered, or both (hydra-mechanical brakes combine both). Mechanical (flywheel) press brakes use either mechanical friction or air friction clutches that can be disengaged at any point before the crankshaft has completed a full revolution and the press slide has completed a full stroke. By inching and slipping the clutch, these presses allow the operator to drop the slide to the work piece and stop, adjust, or align the work piece, and then complete the stroke. Hydraulic press brakes can normally be stopped at any point in their cycle and the force exerted by the dies can be varied. Operating speeds are normally slower than mechanical presses; however, because of their slower operating speeds they are normally not fully automated. Hydra-mechanical press brakes combine hydraulic and mechanical operations into one system.

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.