“What is Your Company’s EMR? – Experience Modification Rate?” #WorkersCompensation

What Is an EMR Rate?

Experience Modification Rate (EMR) has a strong impact on your business. It is a number used by insurance companies to gauge both past cost of injuries and future chances of risk. The lower the EMR of your business, the lower your worker compensation insurance premiums will be. An EMR of 1.0 is considered the industry average.

If your business has an EMR greater than 1.0 the reasons are simple. There has been a worker compensation claim that your insurance provider has paid. To mitigate the insurance company’s risk, they raise your worker compensation premiums. The bad news is this increased EMR sticks with you for 3 years.

Want to know how Experience Modification Rates are calculated?

The base premium is calculated by dividing a company’s payroll in a given job classification by 100, and then by a ‘class rate’ determined by the National Council on Compensation Insurance (NCCI) that reflects the inherent risk in that job classification. For example, structural ironworkers have an inherently higher risk of injury than receptionists, so their class rate is significantly higher.

A comparison is made of past claims history to those of similar companies in your industry. If you’ve had a higher-than-normal rate of injuries in the past, it is reasonable to assume that your rate will continue to be higher in the future. Insurers examine your history for the three full years ending one year before your current policy expires. For example, if you’re getting a quote for coverage that expires on January 5, 2008, the retro plan will look at 2004, 2005 and 2006.

NCCI has developed a complicated formula that considers the ratio between expected losses in your industry and what your company actually incurred, as well as both the frequency of losses and the severity of those losses. A company with one big loss is going to be ‘penalized’ less severely than a company with many smaller losses because having many small losses is seen as a sign that you’ll face larger ones in the future.

The result of that formula is your EMR, which is then multiplied against the manual premium rate to determine your actual premium (before any special discounts or credits from your insurer). Essentially, if your EMR is higher than 1.00, your premium will be higher than average; if it’s 0.99 or lower, your premium will be less.

How does a high EMR affect costs?

An EMR of 1.2 would mean that insurance premiums could be as high as 20% more than a company with an EMR of 1.0. That 20% difference must be passed on to clients in the form of increased bids for work. A company with a lower EMR has a competitive advantage because they pay less for insurance

How do I lower EMR?

The good news is that EMR can be lowered. If you need help in putting an effective safety program in place that eliminates hazards and prevents injuries contact us at Benton Safety Consultants.  Remember, No injuries equal no claims.

In the real world, injuries will happen, but the response can help keep EMR from increasing as much as it could without proper management. Having a plan to manage injuries and workers compensation claims is a must to get control of the EMR.

Reducing EMR gives you an edge over your competition when bidding out work and save money. Construction general contractors and owners are realizing the benefits of low EMR numbers and often prequalify companies before they even look at bids. It would be unfortunate to lose business and money because of high EMR.

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“PeopleWork: 3 Ways to Get Commitment to Safety” @KevinBurnsBGi

Published on Apr 3, 2017

http://www.kevburns.com/peoplework

One of the most pursued issues by safety people is getting employees to commit to the safety program. On this episode, 3 ways to get a better commitment to safety.

Employee commitment to safety is important. And as well-meaning as the efforts of your senior management may be to safety, without the employee commitment to safety, any safety initiative is going to fall flat. You need a commitment to safety from especially the front line employees.

Here’s why. The majority of safety incidents happen at the front line. The largest numbers of workers are at the front line. The most amount of activity is at the front line. And so it’s at the front line where the focus on safety needs to take place. It is at the front line where safety leadership is needed most.

There are three areas where you can work to build employee commitment to safety.

Kevin Burns is a management consultant, safety speaker and author of “PeopleWork: The Human Touch in Workplace Safety.” He is an expert in how to engage people in safety and believes that the best place to work is always the safest place to work. Kevin helps organizations integrate caring for and valuing employees through their safety programs.

“Reminder: Are You In Compliance With OSHA’s New Construction Confined Space Standard?”

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Most employers in the construction industry already know that OSHA issued a new confined space standard for construction that became effective on August 3, 2015. Companies with employees who enter confined spaces at construction sites must be sure to understand the new regulation and adjust their processes in order to remain in compliance. Although the new standard has been in effect for six months, this blog provides a reminder on some of the key provisions of which employers should be aware.

As background, OSHA used to just have a confined space standard for general industry employers (29 CFR 1910.146). However, in recognition that construction sites often host multiple employers and are continually changing, with the number and nature of confined spaces changing as work progresses, OSHA promulgated a new standard, available at 29 CFR Subpart AA 1926.1200, tailored to the unique characteristics of construction sites.

While the general industry standard and the construction standard have many similarities, some key differences are:

The construction standard requires coordination when there are multiple employers at the worksite. Specifically, the construction standard imposes duties on three types of employers because of the recognition that different workers may perform different activities in the same space, which can result in hidden dangers:

Entry employers. This is defined as an employer who decides that an employee it directs will enter a permit space. Entry employers have a duty to inform controlling contractors (defined below) of any hazards encountered in a permit space. Entry employers also have to develop safe entry procedures.

Host employers. This is defined as the employer who owns or manages the property where the construction work is taking place. If the host employer has information about permit space hazards, it must share that information with the controlling contractor (defined below) and then the controlling contractor is responsible for sharing that information with the entry employers.

Controlling contractor. This is defined as the employer with overall responsibility for construction at the worksite. The controlling contractor is responsible for coordinating entry operations when there is more than one entry employer. Controlling contractors must provide any information they have about any permit space hazards to all entry employers.

The controlling contractor is also responsible for coordinating work in and around confined spaces so that no contractor working at the site will create a hazard inside the confined space. After the entry employer performs entry operations, the controlling contractor must debrief the entry employer to gather information that the controlling contractor then must share with the host employer and other contractors who enter the space later.

Continuous atmospheric monitoring is required under the construction standard “whenever possible.” In contrast, the general industry standard merely encourages continuous atmospheric monitoring where possible and only requires periodic monitoring as necessary.

The construction standard requires that a “competent person” evaluate the work site and identify confined spaces including permit-required confined spaces.

Notably, the general industry standard does not require that a “competent person” complete this task. A “competent person” is defined under the new standard as someone who is capable of identifying existing and predictable hazards associated with working conditions, including, of course, whether a workspace is permit-required.

Employers who perform construction-related activities need to make sure they understand the requirements of the new confined space construction standard. For more information, download : Confined Space in Construction: OSHA 29 CFR Subpart AA 1926.1200 here: https://www.osha.gov/confinedspaces/1926_subpart_aa.pdf or consult with your Seyfarth attorney.

Source: Seyfarth, Shaw : Evironmental Safety Update / Law Blog

http://www.environmentalsafetyupdate.com/osha-compliance/are-you-in-compliance-with-oshas-new-confined-space-standard-for-the-construction-industry/

 

 

“Excavation & Trenching Safety” #ConstructionSafety @StopThinkPrevnt

Trenching and Excavation Safety

Excavation and trenching are among the most hazardous construction operations. OSHA defines an excavation as any man-made cut, cavity, trench, or depression in the earth’s surface formed by earth removal. A trench is defined as a narrow underground excavation that is deeper than it is wide, and is no wider than 15 feet (4.5 meters).

Dangers of Trenching and Excavation
Cave-ins pose the greatest risk and are much more likely than other excavation-related accidents to result in worker fatalities. Other potential hazards include falls, falling loads, hazardous atmospheres, and incidents involving mobile equipment. Trench collapses cause dozens of fatalities and hundreds of injuries each year.

Protect Yourself
Do not enter an unprotected trench! Trenches 5 feet (1.5 meters) deep or greater require a protective system unless the excavation is made entirely in stable rock. Trenches 20 feet (6.1 meters) deep or greater require that the protective system be de-signed by a registered professional engineer or be based on tabulated data prepared and/ or approved by a registered professional engineer.

Protective Systems
There are different types of protective systems. Sloping involves cutting back the trench wall at an angle inclined away from the excavation. Shoring requires installing aluminum hydraulic or other types of supports to prevent soil movement and cave ins. Shielding protects workers by using trench boxes or other types of supports to prevent soil cave-ins. Designing a protective system can be complex because you must consider many factors: soil classification, depth of cut, water content of soil, changes due to weather or climate, surcharge loads (eg., spoil, other materials to be used in the trench) and other operations in the vicinity.

Competent Person

OSHA standards require that trenches be inspected daily and as conditions change by a competent person prior to worker entry to ensure elimination of excavation hazards. A competent person is an individual who is capable of identifying existing and predictable hazards or working conditions that are hazardous, unsanitary, or dangerous to employees and who is authorized to take prompt corrective measures to eliminate or control these hazards and conditions.

Access and Egress
OSHA requires safe access and egress to all excavations, including ladders, steps, ramps, or other safe means of exit for employees working in trench excavations 4 feet (1.22 meters) or deeper. These devices must be located within 25 feet (7.6 meters) of all workers.

General Trenching and Excavation Rules

  • Keep heavy equipment away from trench edges.
  • Keep surcharge loads at least 2 feet (0.6 meters) from trench edges.
  • Know where underground utilities are located.
  • Test for low oxygen, hazardous fumes and toxic gases.
  • Inspect trenches at the start of each shift.
  • Inspect trenches following a rainstorm.
  • Do not work under raised loads.

Additional Information
Visit OSHA’s Safety and Health Topics web page on trenching and excavation at http://www.osha.gov/SLTC/trenchingexcavation/ index.html

Highlights

“National Trench Safety Releases Mobile App for the Excavation Industry”

National Trench Safety announced its new NTS Mobile App for the Excavation Construction Industry.

National Trench Safety, LLC (NTS), a Houston-based company specializing in the rental and sales of trench and traffic safety equipment, trench and traffic safety engineering, and OSHA-compliant training classes, officially announced the release of the NTS Mobile App designed specifically for anyone working with Trench and Traffic Safety equipment.

“We’re really pleased to be announcing the rollout of the new NTS Mobile App,” commented Ron Chilton, President of NTS. “We believe we have created a tool with a lot of unique functionality built into this app that will make it a must have item for contractors and their crews. This app is a total handheld resource that contractors should find highly valuable. Our app is not an advertising tool, but rather this app puts all of the specific tools a contractor needs and is required to have on any job site in the palm of his or her hand. One of the features we’re most excited about is the app’s ability to allow a contractor’s Competent Person to complete an electronic excavation daily checklist, to log that checklist for future reference and the ability to print, text and or email those logs.” The NTS Mobile app will also provide real-time access to and the ability to print, text and or email manufacturer’s tabulated data, product depth ratings and weights, OSHA sloping and benching tables, and all relevant OSHA excavation, confined space, and fall protection standards.

“As technology has permeated our industry and culture, it’s made some really unique things possible that weren’t feasible as little as a decade ago,” remarked Chilton. “The NTS Mobile app is the first of a series of technology related services we’ll be introducing over the next year. We also remained committed to bringing new products to the market and have a couple planned product launches for later in the year.”

The NTS Mobile App is currently available on the AppleTM Store for both the iPad and iPhone and will be available for download for Android phones on the GoogleTM Play Store in late February. The app is offered free of charge to users. NTS has several updates planned for the app over the next few months to further enhance the functionality of the app and will be actively seeking feedback from the app’s user community to enhance its value to the construction industry. To learn more about the NTS Mobile App, its features and how to download it please visit us at http://www.ntsafety.com/ntsmobileapp.

National Trench Safety currently has 30 branch locations within the United States. This large national foot print allows NTS to provide its national, regional and local market customers a fully integrated, national branch network delivering unique engineered solutions, the highest level of customer service and the most cost-effective shoring solutions in the industry.

In maintaining its objective of building a nationwide network of trench and traffic safety branches, NTS plans to open several additional branch locations in 2017. For more information about NTS, visit the National Trench Safety website at http://www.ntsafety.com.

“The 2017 Workplace Safety Puzzle” #OSHA #Safety

From 2015 to 2017, OSHA fines increased almost 80%, making the cost of noncompliance too expensive for most organizations to ignore.

This new infographic, created for the 2017 Safety Summit, aims to help safety pros, like you, strengthen compliance, reduce costs, and improve operational efficiency.

 

“Conducting An Effective Job Hazard Analysis” – Infographic” #JHA #Safety

JHA_InfographicJob hazard analysis is an essential component of a successful safety program. This BLR infographic details the 6 steps of a JHA so you can assess the hazards at your facility and implement corrective actions.

“JHA Downloads”

JHA Checklist: http://bit.ly/20crSNM

OSHA JHA Powerpoint: http://bit.ly/1K1ebiT

“Safety Topic Information For a Better Safety Committee at Your Workplace”

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“4 Character Traits Of Respected Safety Leaders”

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If you want to become an effective and respected safety leader, work on these personality traits.

Back in 2009, when Google first launched their Project Oxygen employee survey, they were looking for a way to help their managers be better. They were also looking for ways that managers and supervisors could help engage employees better.

What Google soon discovered from their employees is not what they had thought. Google’s managers were already incredibly technically proficient. But that’s not what Google’s employees necessarily wanted from their managers. Employees wanted more than technical knowledge. Employees wanted managers with great people skills.

Workplaces whose managers have great people skills have lower employee turnover and higher levels of engagement. But where do you as a supervisor or safety manager acquire good people-skills? It turns out, good people skills have much to do with character and personality traits.

There’s an assumption that you already have the basics of safety knowledge under your belt.That needs to be a given. If you don’t have the basics of safety already, you must get busy acquiring those skills. And there’s an assumption that you genuinely want to make your workplace better.

Here are four of the most critical personality traits to have to be able to make you more effective and respected in your supervisory and management duties in safety:

Kindness. You cannot have a successful safety culture without courtesy and respect at the very foundation. Kindness, as a personality trait, is at the foundation of courtesy and respect. It’s impossible to be genuinely courteous if you are mean-spirited. Kindness is crucial to being a respected safety leader. Treating people with kindness is not something you can fake for long. Eventually, you will tire of putting on a fake smile. You will be found out. Kindness comes from genuinely caring about people. When you can offer kindness to one person on a job site, and make the job site safe for one other person, you are being kind to every other person. Kindness is not weakness. It takes strength to openly care about others in a way that they feel it.

Integrity. The Merriam-Webster dictionary defines integrity as the quality of being honest and fair; the state of being complete or whole. But in short-form, people know when someone lacks integrity – or when their integrity can be compromised. Supervisors and safety people with integrity refuse to allow excuses and blame to get in the way of carrying out their safety responsibilities. There are no shortcuts with people of integrity. People of integrity do what they say and say what they do. As the saying goes, they walk the walk. Front-line employees depend on their supervisors and safety people to have integrity. Integrity has a way of transcending a message of “how we do things ’round here.” Remember, employees will always be checking you out to see if you believe what you have to say. If you don’t believe it, your integrity will be suspect.

Humility. Again, like kindness, you can’t fake humility for long. Acting humble and being humble are very different things. Ultimately, what humility really is, is the quality or state of not thinking that you are better than others. Yes, supervisors and safety people may be in superior positions on the hierarchy scale, but that does not make them superior people. No amount of schooling, titles, certifications or money makes one person more superior. In fact, employees instantly know when someone supposes them self to be superior. It’s obvious in the way they communicate and the way that they talk down to employees. Humility is the personality trait that communicates to others that one person is no more important than another. There may be more responsibility with one job over another, but that does not make one person more important than another. Humility builds teamwork.

Generosity. This is what drives giving, understanding and selflessness. The question could be asked: if you could give of yourself to make another person’s circumstances better, why wouldn’t you? Generous people don’t even stop to think about reasons that they wouldn’t. Generous people give. That’s what they do. They give credit, give applause, give responsibility and they give examples of how to do it. Generous people do what they can to make someone else’s day better. Generous people do it without being asked. Generosity is not about money. Generosity is about time, energy, effort and helping others to succeed. Generous people know the words of Bob Dylan who once said, “just when you think you have nothing left to give, you find out you were wrong.”

If you want to become an effective and respected safety leader, work on each of the four personality traits. You will always be able to find work. You will always find yourself surrounded by others who are of like-mind. Besides, who wouldn’t want to work in a job whose supervisor or safety person owned those character and personality traits?

I know they work, I practice them every day!!

Source: Kevin Burns @KevBurnsBGI on Twitter & KevBurns.com

“How Would Nick Saban Handle An OSHA Inspection?”

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Lessons for Employers from the Crimson Tide’s Championship Football Coach

September has arrived. That can only mean one thing: it’s time for college football!

Labor Day weekend offered several high-profile games for our viewing pleasure. Number-one ranked Alabama won one of those contests, with the Crimson Tide overwhelming Southern California by the score of 52-6. Alabama looked well-prepared and disciplined in its lopsided victory over a ranked opponent, showing once again why its coach Nick Saban is likely the best in college football.

Coach Saban’s unprecedented success – having won five career national championships, including four out of the last seven – is the result of his unparalleled work ethic and a commitment to excellence even the CEO of a Fortune 500 company would envy. Indeed, his processes transfer well to the corporate world and some companies attempt to mimic what Saban has developed at Alabama. His attention to detail could create a successful environment at any business.

Employers can learn from Saban’s methodical determination to succeed. His model provides employers an example on how to, among many other things, institute programs to handle adversity and challenges that arise in the workplace.

Following Saban’s routine of working hard, staying focused, teaching discipline, and developing character could help any employer prepare for unexpected events like a workplace accident or visit by a government compliance agency, such as the Occupational Safety and Health Administration (OSHA).

Given what we know about the habits that led to his success as a football coach, here’s how Saban – if employed as a safety supervisor – might handle the difficult tasks of developing a culture of workplace safety and responding to an OSHA inspection:

Pre-Game Preparation- Before OSHA Arrives

1. Be Prepared. No coach prepares like Nick Saban. Saban rarely loses a game for which he had additional time to prepare. In fact, he has never lost a national championship game, which generally does not take place until several weeks after the end of the regular season. Safety Supervisor Saban would have his company extremely prepared for any government agency visit, including an OSHA inspection. He would take the proactive approach of creating robust safety programs, rigorous training techniques, and a culture of accountability.He would not wait until after OSHA arrived to take these steps.

2. Challenge the (Safety) Program. Coach Saban loves for his team to play top-notch opponents, especially early in the season. Stiff competition challenges his team and only makes it better. He currently employs 21 consultants – in addition to his coaching staff – to analyze the quality of his program at Alabama. Safety Supervisor Saban would have consultants from top safety companies and safety professionals from competitor companies review his safety program and give feedback on how to make it better. He would listen to and learn from these consultants in an effort to develop new techniques and continuously improve safety in his workplace.

First Half – The Opening Conference with OSHA

3. Take Charge and Speak for the (Safety) Team. Coach Saban prohibits his assistant coaches from speaking to the media on behalf of the program. If you have a question about the Alabama football team, you ask Coach Saban. If OSHA arrived for an inspection, Safety Supervisor Saban would instruct his employees not to speak to any OSHA representative until he arrived. OSHA could only meet with the head of the safety program prior to beginning its inspection. This would ensure proper, and knowledgeable communication is delivered on behalf of the company.

4. Know the (OSHA) Rules. Coach Saban understands the rules of college football. In fact, he often questions why other coaches aren’t following them, or why certain rules should be changed. He is a student of the game. Safety Supervisor Saban would know not only the OSHA safety regulations but the procedures OSHA must follow when conducting an inspection. He would understand, for instance, that regardless of the reason OSHA appears at your door, if you consent to the inspection without limiting the review to the stated reason OSHA is there (e.g., hazard alleged in a complaint), most arguments relating to the scope of the inspection are lost. Saban would know what OSHA can and cannot do, and require the agency to follow its procedures.

Second Half – OSHA’s Walk-Through and Interviews

5. (Make OSHA) Focus on the Task at Hand. Coach Saban refuses to allow certain team personnel to speak on the headsets worn by coaches during the game. He believes any additional conversation is unnecessary and a waste of time. He also requires his players to focus on each individual play and attempt to execute it without error. Saban generally prohibits players and coaches from discussing the score at any point during the game. He believes that if you take care of each play, the score will take care of itself. While walking through his facility with OSHA during an inspection, Saban would require OSHA to focus solely on the reason why it is there. If OSHA is there for a complaint on a press machine, OSHA would inspect the press machine- nothing else. There would be no discussion of any other matters.

6. Tell the Truth and Don’t Make Excuses. Coach Saban doesn’t like excuses. Win or lose; he generally gives the other team credit for their excellent play; he doesn’t blame the referees.He also requires his players, to be honest. Saban believes honesty is a crucial character trait. Safety Supervisor Saban would require his employees, to tell the truth, if interviewed by OSHA. If there is a safety issue, he would instruct them to not hide it or make excuses. Honesty is the only policy.

Post-Game – After the Penalties

7. Learn from Mistakes. Saban doesn’t always win. When he loses, however, he allows that experience to be an opportunity to learn. Rarely does Saban lose to the same team twice in one season, or more than one year in a row. If Safety Supervisor Saban received a citation, he may contest it if plausible defenses existed. More importantly, however, he would learn from the experience and rigorously reassess and evaluate his safety program with respect to the alleged hazard in order to improve.

8. Above All, Be Professional. Coach Saban is a professional. He generally refrains from yelling or swearing on the sidelines, and treats others with respect in both victory and defeat. Safety Supervisor Saban would understand that employers and OSHA are on the same page from a mission standpoint. They want to keep employees safe. Being abrasive or unprofessional is not the demeanor that will help accomplish this goal. Saban would realize the importance of remaining cordial throughout the inspection process.

Coach Saban’s success is the product of habits that could produce results on and off the football field. Employers can learn from accomplished leaders like him.

When determining how to improve your safety program, consider what has led to success for others, even if that success occurred outside your industry. Think outside the box. This innovation and critical evaluation will lead to results.

By Travis Vance of Fisher Phillips

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