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Managing Your Risk as an Employer
Presented by Lisa A. Mart
Iowa Municipalities Workers’ Compensation Association
Incident Review
Designated Provider
Return-to-Work
Safety Committee
Job Descriptions
Cornerstones for Managing Your Employee
Common Traits of Repeaters
Views workers' compensation is an entitlement; or the “company owes me“
Poor relationship with management or feels management does not monitor performance or audit claims
Careless work habits; history of poor performance, illness or injury; or a family or other outside stress that shows up on the job
May not understand the company safety procedures and policies; or that misusing workers' compensation can affect company profits and job security
Safety culture is the expectation
Make safety a measurable part of the evaluation
Managing the Repeater
Find the root cause(Incident Review)
Repeaters should be handled as a high priority (Personal Action Safety Plan)
Promote safe behavior
Not a disciplinary action
The focus on what is best for the employee
Interactive goal setting process with the employee
Review plan with employee routinely is essential
Personal Safety Action Plan (PSAP)
• No medical questions allowed in screening of applicants
Pre-Offer/Pre-Employment
• Employment offer made contingent upon physical
• Medial questions and exam permitted
Post Offer/Pre-Employment
• Medical inquiries limitedPost
Employment
Stages of Employment ADA/ADAAA Interplay
Skills Assessment
Physical Fitness
Physiological Fitness
Pre-Employment Assessments
*Consistency in exams. No medical inquiries.
Post Offer/Pre-Employment Exams
Medical information confidential Not in personnel file
No discriminating based on exam resultsSeek out reasonable accommodation
No inquiry of family medical historyGenetic Information Nondiscrimination Act of 2008 (GINA)
Job-related/consistent with business necessity
Concern the employee is unable to perform essential job functions
After a worker’s compensation case
When the employee has been out-of-work for long period with illness/injury*Exception: Family and Medical Leave Act (FMLA)
Post Employment Physicals
Fit for Duty (FFD)
Employee requests reasonable accommodation
Only focus on specific medical condition
An FCE cannot be used as an excuse to make an employment decision
vs Functional Capacity Exam (FCE)
Employer ordered Adjuster/Case Manager ordered
Measures ability to return-to-work, complete essential job functions
Reasonable expectation injury results in permanent restrictions
Change in health status may affect safe job performance
Pre-existing condition and work injury result in permanent restrictions
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