Watch out for these top 10 OSHA violations

The Occupational Safety and Health Administration (OSHA) released its preliminary top 10 violations for 2018 in late October at the 2018 National Safety Council Congress & Expo .

These standards were the most frequently cited during OSHA’s fiscal year that ended September 30. According to OSHA, the list serves to “increase awareness of these standards so employers can take steps to find and fix the hazards to prevent injury or illness.”

The top 10 most frequently cited OSHA violations for 2018

Fall protection has topped the list of most-cited OSHA violations for eight years in a row, and many of the other standards continue to be in the top 10 year after year. The only new item in 2018 is eye and face protection at number 10.

Here’s the full list:

  1. Fall protection – general requirements
  2. Hazard communication
  3. Scaffolding
  4. Respiratory protection
  5. Lockout/tagout
  6. Ladders
  7. Powered industrial trucks
  8. Fall protection – training requirements
  9. Machine guarding
  10. Eye and face protection

Want more content like this?

Get the latest Simply Work Comp blog posts in your inbox.

Get our quarterly email newsletter

School bus drivers can be safety heroes

Skip isn’t the only superhero who cares about safety. School bus drivers play the role of safety hero every day as they go about their jobs.

This year’s theme for National School Bus Safety Week, “My Driver – My Safety Hero,” reminds us of bus drivers’ important roles in getting people where they’re going safely.

National School Bus Safety Week , from October 22-26, brings awareness to the dangers for drivers, students and pedestrians. It’s everyone’s responsibility to stay safe around school buses.

School bus driver safety tips and resources

Bus drivers have additional duties beyond transportation. Drivers must be aware of their own risk of injury, while driving safely and keeping an eye on their surroundings.

School Bus Safety Week offers a chance to provide drivers with a few safety basics, including:

  • Remember that drivers and pedestrians around you may be distracted
  • Use safe practices when performing checks or maintenance
  • Maintain three points of contact when entering or leaving the bus
  • Make sure everyone is seated before starting to move the bus

SFM’s safety resources help keep bus drivers injury-free, from pre-trip inspection to exiting the vehicle using 3 points of contact. Download SFM’s Supervisor Initiated Training talks tailored to transportation workers to make it easy for your leaders to have a discussion with their teams about school bus safety.

National School Bus Safety Week is sponsored by the National Association for Pupil Transportation , National School Transportation Association and National Association of State Directors of Pupil Transportation Services .

Minnesota manufacturer invests in safety

When Jones Metal Inc. identified a safety risk in the shipping process, they didn’t delay in finding a solution.

The SFM policyholder, based in Mankato, Minnesota, provides custom sheet metal fabrication services for original equipment manufacturers in industries as varied as agriculture, construction and defense. The family-owned business, which marked 75 years in 2017, employs more than 80 people.

Safety grant funds new equipment

The pallet-wrapping process required two people lifting a roll of shrink wrap and reaching up and around the pallet while it was held up by a forklift. No injuries had occurred, yet the shipping manager recognized the risk of strains, sprains or being struck by a forklift and brought an automated solution to the company’s attention.

Jones Metal applied for a Minnesota OSHA safety grant to help them pay for an automated pallet wrapper that would eliminate the risks and improve their shipping process. The MNOSHA safety grant program awards up to $10,000 in matching funds to “qualifying employers for projects designed to reduce the risk of injury and illness to their workers,” according to the MNOSHA website. The application requires an on-site inspection and written report by a qualified safety professional.

Jones Metal’s Director of Human Resources, Val Bentdahl, called in SFM Loss Prevention Technical Leader Lee Wendel to assist in applying for the grant. Wendel visited their manufacturing facility, observed the pallet-wrapping process and provided a written recommendation for the equipment.

Jones Metal received the matching grant and installed the machine.

The end result: A safer and more efficient process. The step that previously required three workers now takes only a forklift driver, who operates the pallet wrapper with a remote control.

“The machine prevents the possibility of strain injuries and struck-by injuries, plus saves time,” explained Bentdahl. “It wraps the material in a fraction of the time, and it’s much more secure. It eliminates quality issues, and eliminates injuries.”

Focus on training from day one and return-to-work

Since Jones Metal became an SFM policyholder in 2015, it has taken full advantage of SFM’s safety resources. Working in a higher risk industry, Jones Metal is never complacent about injury prevention. Their safety committee proactively recognizes and addresses risks.

“They’re on the leading edge of adopting changes that are safer for their employees,” Wendel said.

They train employees on safety from day one, and experienced workers — their skilled workforce averages 14 years of experience — continue to receive safety training. They leverage the Minnesota Safety Council for specialized training.

They’re on the leading edge of adopting changes that are safer for their employees.

~ Lee Wendel

Most of their safety training takes place through the online learning management system SFM offers free of charge to policyholders, called Vivid Learning Systems.

Vivid offers interactive 20- to 40-minute modules employees take individually, when it fits in their schedule. Topics cover a wide range of occupational health and safety subjects. Jones Metal makes use of online trainings for hearing protection, lockout/tagout and more.

When an injury does occur, Jones Metal supervisors respond quickly. Very few of their claims become lost-time claims because they understand the importance of bringing injured employees back to work as soon as possible. Jones Metal works within any medical restrictions to find transitional jobs for their workers, and they involve themselves with the claims process.

Even with a good loss history and an e-mod that has improved almost 20 percent in the last three years, Jones Metal continues to emphasize injury prevention.

“They’re always striving to do better than they’ve done before and looking for more resources to prevent injuries for their employees,” Wendel said.

Photo courtesy of Jones Metal

Safety tips for home health care workers

Due to an aging population and the high cost of hospital visits, there has been increased need for alternative care options for the sick, elderly or disabled. One of these solutions is the use of home health care.

For home health care workers, there is very little control over hazards they are exposed to. They face many unique safety risks while on the job.

Getting to and from work safely

If you are driving to work, make sure your vehicle is in good working order and keep emergency supplies on hand. While travelling, keep your car locked and stay on well-traveled roads. Park in well-light areas and avoid underground parking lots, dark alleys or parking next to large vehicles.

If you are using the bus or walking, stay in well-lit areas with high pedestrian traffic. Be aware of your surroundings, making sure to look and listen. Make sure any oncoming traffic can see you at all times.

Slips and falls

Indoor hazards include:

  • Uneven or slippery floors
  • Wrinkled or worn carpets and curling vinyl
  • Clutter in rooms, hallways and stairs
  • Lack of handrails on stairs
  • Electrical cords on floors or that cross walkways
  • Open drawers

While working indoors, keep your shoes on if allowed by the client and be sure to check the floor surface before walking on it. Watch out for clutter and suggest to the client that items be stored properly, electrical cords get tucked out of the way, and drawers stay closed. Always use handrails when going up and down stairs.

Outdoor hazards include:

  • Slippery surfaces, such as sidewalks, steps and wooden ramps covered with water, ice, snow, leaves or moss
  • Uneven or damaged sidewalks and driveways
  • Debris or items left on walkways
  • Poor lighting

Wear footwear with a good tread and check all walking surfaces before taking a step. Move cautiously when exiting your vehicle and when walking on uneven, wet or icy surfaces. Be sure to notify your client representative and supervisor of any hazardous conditions.

Violence prevention in the home

Violence refers to any physical force that may cause injury, as well as threatening statements or behavior. Clients and their family members or visitors may become violent or argumentative due to frustration caused by the client’s condition. Clients may also be experiencing difficulties due to trouble communicating, effects from medication, physical or cognitive limitations or frustration over being dependent on others.

Be sure to read over the care plan before visiting clients. Assess their mood before starting your duties and be sure to tell them what you’re going to do before you do it. Make sure you have easy access from the home.

If a situation becomes stressful, stay calm and face the person with your elbows at your sides and arms out. Watch for signs that the person might strike out. Don’t argue or raise your voice. Reassure the person that their concerns will be dealt with as soon as possible and tell them how to make a complaint to your supervisor. Tell your supervisor about the situation as soon as possible.

Overexertion and repetitive motion

The five main risk factors that cause overexertion and strain from repetitive motion include:

  • Force
  • Repetition
  • Awkward postures
  • Static postures
  • Contact stress

Signs of overexertion and strain from repetitive movements include:

  • Redness
  • Swelling
  • Loss of normal joint movement
  • Shooting, dull, sharp or aching pain
  • Tenderness
  • Weakness
  • Pins and needles
  • Hot or cold sensations

Transferring, repositioning, dressing and bathing clients, as well as housekeeping work, can put you at high risk for strains and sprains. Plan your tasks to reduce the potential for injury.

Transferring or repositioning clients

The best way to avoid injury when transferring or repositioning clients is to use equipment and transfer assist devices, such as lifts or low-friction slide sheets. Clearly communicate your intentions and instructions the client. Avoid having a client hold on to you.

If you have to lift manually, it’s important to practice safe patient handling. Lift from a position of power by keeping your head up. Get close to the client while lifting and make sure you have a good hold. Use a staggered stance by positioning one foot in front of the other and remember “nose follows toes” to avoid twisting. Bend your knees and avoid jerking motions.

Dressing and bathing clients

When dressing a client, try to avoid awkward positions, such as reaching to dress the client, and static postures, such as supporting the client in one position for a long time. Keep your body upright and shift your weight with your legs when helping the client move.

Other best practices include starting with the client’s weaker side when putting on clothes, helping your client lean forward when putting on shirts and sitting on a stool when assisting with socks and shoes.

When bathing a client, avoid awkward and static positions, using the same set of muscles repeatedly without a chance to rest and contact stress from kneeling on the floor or leaning against the tub. Be sure to gather all equipment and supplies you need and position them in easy reach. Before you help clients into the tub, be sure to seat them on a transfer bench or shower stool.

Housekeeping hazards

While on the job, there are several household tasks that you might not think are hazardous, including making beds, cleaning and doing laundry.

When making beds, avoid bending at the back and flexing your knees as you make the bed. Walk around the bed instead of reaching over it. If you have to work from one side, keep one hand on the bed for support.

While cleaning, use equipment with long handles for hard to reach areas, place a folded towel under your knees while kneeling and make sure protective gloves fit well to prevent using extra force with gripping.

Carry loads you can comfortably manage while doing laundry. Avoid bending forward, fold clothes at a comfortable height and avoid twisting when lifting.

Resources for home health care workers

Optimizing safety programs for all generations

With four distinct generations now working together, employers must create and adapt safety and health programs to engage baby boomers, generation X-ers, millennials and the newest generation.

Members of the youngest generation, lacking an agreed-on name, but commonly called Generation Z, are just beginning to enter the workforce, according to the Pew Research Center . Millennials, now in their 20s and 30s, may soon surpass Baby Boomers as the United States’ largest generation .

These generations have dramatically different cultural, societal and educational experiences that shape their perspectives, motivations and “norms” about their work lives. They also have different safety needs.

Generation

Years born

Traditionalist

prior to 1946

Baby Boomers

1946 – 1964

Generation X

1965 – 1980

Millennials

1981 – 1996

Generation Z

1997 – present

Make changes to keep older workers safe

Older employees have delayed retirement far longer than previous generations, and they simply cannot do the physical work they once did in the same manner without increased risk of injury. 

Cumulative trauma from age, work and lifestyle can start to exhibit itself in soft tissue and musculoskeletal injuries. Physical strength and muscle mass also decrease as we age.

Employers should take a fresh look at work tasks and processes and try to engineer out manual aspects or incorporate devices or design to reduce the physical burdens of the job.

For example, it may mean breaking down packaging to decrease the weight lifted, or moving keyboards and monitors into more ergonomically correct positions. Job rotation or cross-training can be used to reduce physical strain on employees and prevent repetitive motion injuries. Functional strengthening or flexibility exercises can make employees more resistant to injury and incorporate wellness into the work process.

These improvements can also serve younger employees and promote safety for all employees.

Mentor younger employees on safety

When older employees begin to retire in large numbers shortly, a knowledge vacuum could occur if steps aren’t taken to prevent it. Hundreds of years of collective information about the employer — especially about equipment, machinery, buildings and processes — could be lost.

Begin using mentorship programs or relationships to transfer knowledge to younger generations so their safety isn’t jeopardized when long-term employees retire. A side benefit of mentorship: younger generations can give a fresh look at established processes and generate ideas to make them safer or more efficient.

Take advantage of younger employees’ tech savvy

Younger generations can be incredibly savvy with technology. Use their knowledge to assess opportunities to introduce technology that will advance safety in the workplace. Diversifying training and communication methods to include online, video and teleconferencing benefits all employees.

However, be aware that people’s preferences may differ. Some employees prefer the phone over instant messaging; set guidelines so everyone is communicating effectively. As more and more digital applications enter the workplace, ensure that less technologically advanced workers receive the training and instruction they need to use them safely.

Emphasize wellness among all workers

Total Worker Health — incorporating safety with health promotion on and off the job — benefits all generations in your workplace. Younger generations may expect employers to promote physical activity, mental health, work-life balance and proper nutrition, and they may buy in more quickly than older workers.

Use younger employees’ momentum, energy and leadership to engage older employees in your efforts. Total Worker Health can help reduce the occurrence of chronic, age-related conditions that increase the risk of workplace injury and delay recovery.

Give immediate feedback to younger employees

All employees need and want feedback about their performance and safety efforts. Even so, they differ considerably in what they perceive to be the optimal amount and timing.

All new employees should have a safety orientation, even those who may not be new to the industry. You can’t make assumptions about employees’ safety knowledge based on their ages. Rather, you must train all employees and provide feedback that is best suited for them.

After the initial safety orientation, incorporate ongoing safety messages into team huddles or meetings to combat the information overload that can happen at the beginning of a new job. SFM’s 5-Minute Solutions and Supervisor Initiated Trainings are two tools to add short safety messages into daily work.

Younger employees often look for immediate feedback or response, while older employees may take more of a “no news is good news” approach. Make sure management and employees are all on the same page and understanding of each other’s needs for safety communication.

Having so many generations in the workplace at once presents challenges as well as opportunities. Thinking through your safety program with all of your employees’ needs in mind will take time and effort, but it should pay off in the form of safer, more knowledgeable employees of all ages.

10 statistics that make the case for workplace wellness programs

The U.S. Chamber of Commerce released a report titled Winning with Wellness in 2016 that not only makes the case for the business value of workplace wellness programs, but also provides guidance on running an effective one.

First, it’s important to know how prevalent certain health conditions are, and why it’s likely these chronic conditions are impacting your workers.

Seven facts about health and illness cited in the report:

  • More than one-third of Americans are overweight or obese. (p. 3)
  • As of 2012, 117 million Americans had one or more chronic illnesses, which account for 75 percent of all health care costs in the U.S. (p. 3)
  • The Centers for Disease Control and Prevention estimates that nearly 86 million Americans have prediabetes, and less than 10 percent of them are aware of their condition. (p. 3)
  • Top two chronic health conditions driving health-related costs for employers were depression and obesity, research showed. (p. 3)
  • Employees who scored low on “life satisfaction” stayed home from work 1.25 more days per month than those with higher scores, adding up to about 15 additional days off per year. (p. 15)
  • Approximately 80 percent of people are not ready to take action to change their health behaviors at any given time, according to management research. (p. 9)

Those numbers paint a troubling picture of poor health, chronic conditions and co-morbidities that could affect your workers’ well-being and ability to safely perform their jobs.However, the next wellness statistic holds some good news:

  • If an individual does the following five things, they typically spend 33 percent to 50 percent less on health care costs:
    1. Walking 30 minutes per day
    2. Eating healthy
    3. Not smoking
    4. Having a waist size less than half their height
    5. Drinking alcohol only in moderation (p. 3)

A well-designed workplace wellness program can motivate employees to make healthy choices around these five areas of health. The result could be health care savings, more engaged workers and, possibly, lower risk of injury. That’s why it’s important to know that many employers are investing in wellness programs and have seen positive results from their efforts to build a culture of health.

Three key statistics on wellness program popularity and effectiveness:

  • A large majority (87 percent) of employers are committed to workplace wellness, and 73 percent offer a wellness program, according to a survey. (p. 4) In our own survey of SFM policyholders, one-third of respondents offered a wellness program. This percentage went up to 77 percent for the largest employers.
  • In a survey, more than 60 percent of employers said workplace wellness programs reduced their organizations’ health care costs. (p. 15)
  • Studies show that well-designed wellness programs have a return on investment of $1.50 to $3 per dollar spent over a two- to nine-year timeframe. (p. 16)

More resources to design your workplace wellness program

See the “Winning with Wellness” report for full citations of the research these statistics were drawn from, as well as case studies and details on how you can design your wellness program for maximum effectiveness.

If you’re ready to launch or refresh your organization’s program, you’ll want to read our blog post on two key factors for a successful workplace wellness program.

For creative wellness program ideas, download SFM’s Wellness in the workplace CompTalk or see our other blog posts about workplace wellness programs.

 

This post was originally published on June 16, 2016, and updated on August 15, 2018.

Second annual Safe + Sound Week approaching

Will your company take part in Safe + Sound Week August 13-19?

The second annual Safe + Sound Week raises awareness about the value of safety and health programs. The theme is taken from the phrase, “Safe workplaces are sound businesses.” Throughout the week, companies are encouraged to hold events demonstrating their commitment to safety.

The Safe + Sound Week information on OSHA’s website offers multiple activity ideas for each of the three main elements of a successful safety and health program:

  • Management leadership
  • Worker participation
  • Finding and fixing hazards

All organizations, regardless of industry or size, may take part. Participating businesses can be listed on the map of events and receive a certificate and badge recognizing their efforts.

Safe + Sound Week

Led by the Occupational Safety and Health Administration (OSHA), the coalition of organizers for Safe + Sound Week include:

  • American Industrial Hygiene Association (AIHA)
  • American Society of Safety Professionals (ASSP)
  • Center for Construction Research and Training (CPWR)
  • National Institute for Occupational Safety and Health (NIOSH)
  • National Safety Council (NSC)
  • Occupational Safety and Health Administration (OSHA)
  • Voluntary Protection Programs Participants’ Association (VPP)

 

Learn more about Safe + Sound Week or register your event .

 

 

 

 

Workplace smoking cessation resources to help employees quit

Smoking’s dire health consequences need no repeating here.

Tobacco use remains the single largest preventable cause of death and disease in the United States. It’s expensive too.

A study from 2013 “estimated that the annual cost to employ a smoker was, on average, nearly $6,000 greater than the cost to employ a non­smoker,” according to the National Institute for Occupational Safety and Health .

Because of the health risks and costs associated with smoking, an employee’s individual choice to smoke impacts the workplace. Costs arise in the form of more medical care, lost productivity and more costly workers’ compensation claims.

How smoking affects workers’ compensation

Smoking can significantly increase the length and cost of a workers’ compensation claim.

It’s one of several contributing factors – along with obesity, diabetes, hypertension and substance abuse – called a comorbidity. The presence of one or more of these comorbidities has been shown to increase an injured worker’s number of medical visits and the overall cost of the claim.

The costs come in two different ways: Studies have shown that people who smoke have higher rates of injury to begin with. On top of that, smokers can take considerably longer to recover from an injury, missing more work and requiring more medical intervention. That means workers’ compensation pays for longer periods of disability and higher medical costs. A more costly lost-time claim can then impact the employer’s future workers’ compensation premiums.

The latest data on smoking and e-cigarettes

While smoking remains a major cause of disease, statistics compiled by the Centers for Disease Control and Prevention show a promising trend away from tobacco use.

Smoking rates are going down – cigarette use has declined to about 15 percent of U.S. adults. And, the CDC reported that nearly 70 percent of adult cigarette smokers want to stop smoking, and 55 percent have attempted to quit smoking within the past year.

Most likely, your employees who smoke would welcome help quitting.

However, the use of e-cigarettes, especially among young people, is trending in the wrong direction.

According to the CDC, about 3 percent of adults were current e-cigarette users in 2016. That same year, a U.S. Surgeon General report cited a 900 percent increase in the use of e-cigarettes by high school students from 2011-2015. Vaping use among employees could be on the rise.

Resources to help employees quit smoking

Employers have a role to play in creating an environment conducive to quitting smoking and connecting employees with the tools they need to do so.

In addition to complying with state and local laws that may prohibit smoking in certain spaces, consider creating a smoke-free workplace policy.

NIOSH recommends smoke-free workplace policies that prohibit tobacco use indoors, in work vehicles and in areas immediately outside building entrances. The evidence shows these policies effectively reduce both smoking rates and exposure to secondhand smoke. Depending on the laws in your state, e-cigarettes may not be included in standard smoke-free laws and policies. E-cigarettes or vapor products may need to be explicitly mentioned in your policy to be included.

Your health insurance plan or employee assistance program could also cover cessation treatment for employees. Making smoking cessation part of your wellness program could add motivation for employees to participate.

The national and state resources listed below are designed to coach people through quitting with personalized support.

National

State hotlines

“Ban the Box” doesn’t prevent criminal background check

During the hiring process, there are many tools you can use to ensure you get the best possible candidate. In some cases, one of these tools is a criminal background check. But before you can ask applicants about their criminal history, there are a few stipulations to keep in mind.

“Ban the box” is a national movement , with over 30 states as well as many cities and counties enacting laws governing the issue. Minnesota is one of nine states with a law that makes it unlawful for both public and private employers to ask on application forms whether job candidates have criminal histories. Nebraska and Wisconsin have similar laws for public employers only. Iowa and South Dakota have no ban the box law for either public or private employers.

The law doesn’t prevent employers from asking whether applicants have a criminal history, but it requires that they wait until a job interview to do so. In cases where the company doesn’t conduct interviews, they can’t ask about criminal histories until they extend a conditional offer of employment.

Typically, employers are still allowed to conduct a criminal background check and exclude applicants if a crime is relevant to the job duties, or if otherwise required by law.

The U.S. Equal Employment Opportunity Commission lays out three factors  to help analyze whether criminal conduct is relevant to a job:

  • The nature and gravity of the offense

The harm caused by the crime and the elements that went into perpetrating the crime such as deception or intimidation.

  • The time that has passed since the offense and/or completion of the sentence

The EEOC doesn’t lay out a specific timeframe, but notes that the risk of recidivism can decline over time.

  • The nature of the job held or sought

The job duties, performance circumstances (level of supervision, interaction with vulnerable individuals, etc.) and environment (outside, in a school, etc.).

Pre-employment criminal background checks can be an important tool in certain industries and types of jobs. Use them as part of your hiring process when appropriate, but consult with your employment attorney first.

Other hiring considerations

There are many other tools to consider including in your hiring process:

  • Drug and alcohol testing

Especially in trades where drug and alcohol use correlates with increased work injuries, consider making job offers contingent on drug testing. Consult with your employment attorney before starting a testing program.

  • Pre-employment physicals

You can conduct a pre-employment physical after making a conditional job offer as long as you require it of all applicants in the same category and only tests for essential job-related capabilities. Consult with an attorney if you decide to withdraw an offer.

  • College degree verification

Consider calling schools to verify educational credentials.

  • Driving record check

Checking an applicant’s driving record when driving is a job requirement can reveal red flags such as DUI convictions or driving without a license. Motor vehicle records are available through your state’s licensing department.

  • Reference checks

In Minnesota, you might find that reference checks are more fruitful now. Statutory changes in Minn. Stat. Sec. 181.967 relieved employers of liability when giving certain reference information in good faith.

  • Social Security numbers

Make employment contingent on verification of eligibility to work in the United States. E-Verify is a voluntary system (except for certain employers with federal contracts, where it is mandatory) operated by the U.S. Department of Homeland Security that enables you to check free of charge. If undocumented workers are injured, their employer could potentially pay benefits for years because they will not be allowed to return to work.

A thorough hiring process can prevent costly workers’ compensation claims, and resulting increases in premiums. It’s worth doing your due diligence early so that a new hire doesn’t become a problem employee.

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

What the ‘gig economy’ means for worker protections

By Brian Bent
SFM Vice President, Director of Underwriting

You may know you can use your smartphone to hail a ride to the airport. But did you know you can also use an app to find someone to come fix your car, clean your house or even cook you dinner?

These roving drivers, mechanics, housecleaners and cooks are part of what’s referred to as the “gig economy.” Technology allows them to connect with customers directly, which means they can work independently on a job-by-job basis, rather than through an employer.

This fast-growing work arrangement creates new questions about state laws regarding employer/employee relationships, and who will bear the burden of the cost if a gig worker is hurt on the job.

‘Gig economy’ growing fast

A survey conducted by the Federal Reserve Board showed that 36 percent of American adults engaged in some kind of “informal paid work activity” either as a primary or supplemental income source.

From 2005 to 2015, the percentage of American workers engaged in alternative work arrangements, including temporary, independent, contract or freelance work, rose from 10.7 percent to 15.8 percent according to the National Bureau of Economic Research .

Some workers choose this kind of arrangement for the freedom and flexibility. Others just need the extra money, or do it reluctantly because it’s the only type of work they can find.

Digital platforms account for some of the growth, but a larger portion is due to companies increasingly opting to hire workers as contractors rather than permanent employees, according to a 2016 study by Lawrence Katz and Alan Krueger .

Arrangement creates a gap in worker protection

Many of the laws and benefits established to protect workers, including workers’ compensation, are contingent on an employer/employee relationship.

This means gig economy workers might not have those protections unless they choose to purchase them at their own expense. For example, a driver considered an employee of a commercial delivery company is entitled to employer-paid workers’ compensation coverage by law, but a ride-hailing app driver is not in most states. So, if the delivery driver gets in an accident on the job, the medical costs and lost wages would be covered. Ride-hailing drivers would have no such protection, unless they had previously purchased their own coverage.

As our economy and approach to work evolves, it’s important that our laws keep up so we maintain established worker protections.

The gap goes beyond workers’ compensation — medical benefits, retirement benefits and unemployment insurance are all often contingent upon being legally defined as an employee.

Public and private sectors looking at ways to close the gap

Lawmakers, agencies and the companies that run digital platforms are starting to look at ways gig workers can receive the same protections as traditional employees.

The Equal Employment Opportunity Commission has made it a priority to address fair employment practices in the gig economy, according to national employment law firm Littler .

A U.S. Senate committee held a hearing this year on providing retirement benefits for independent workers.

Some state and federal lawmakers have made proposals to provide portable benefits workers could keep while moving from job to job. The State of New York already has a requirement that ride-sharing platforms Uber and Lyft cover workers’ compensation for their drivers.

Uber is piloting a program in other states to provide some medical and wage-replacement benefits to drivers who are injured on the job. It’s a voluntary program
paid for by the drivers, and the benefits are more limited than those provided by workers’ compensation law.

It doesn’t seem there’s any clear, universal solution in sight yet to these lacking worker protections, but it’s encouraging to see that lawmakers and large companies recognize the problem and are trying to find ways to fix it.

As our economy and approach to work evolves, it’s important that our laws keep up so we maintain established worker protections.

In the meantime, if you use the services of those in the gig economy, it’s important to understand your employment relationship and do what you can to protect yourself from liability.

css.php