Construction is one of the highest-insured industries in the private sector of business. The volatility and potential risks of the business make all kinds of insurance coverages necessary for survival.
OSHA recently announced that the National Safety Stand-Down Week will take place September 14-18, 2020. This week is to recognize fall dangers, and, in general, work-site safety. Fall-related injuries continue to be the number one leader in deaths and injuries in the construction industry. Over ⅓ of workplace deaths in construction were due to falls in 2018. Here are a few ways to “celebrate” the tradition.
Discuss a “Ladders-Last” program. This program has exploded in the last few years regarding different types of ways to reach elevated surfaces rather than using traditional ladders.
Look over our fall injury infographic at the bottom of this article. It discusses fall injuries and safety in construction, as well as ladder statistics.
Discuss safety with each tool frequently used within the business.
Have a talk about general on-site work safety. This talk should be between employees, management, and site supervisors alike. Having everyone on the same page is important. Workplace efficiency and profit should not be a trade-off of proper work safety.
If you’d still like more information on job site safety or need help with risk management, contact one of our Risk Advisors today or call 914-357-8444.
Where is Construction with Social Distancing Currently?
Social distancing is already a hard task in our daily lives around the house. It is substantially harder when at work, especially when in the construction business. Construction involves manual labor and lots of effort while working individually and in groups to efficiently complete certain tasks. Some parts of construction are easy to practice social distancing; like an individual worker working inside of a crane cab. But what about when workers are constantly walking by each other? Or giving each other advice/instructions? Or working together within 6 feet while completing a job?
This is a question many in the business have while thinking of ways to get the construction sector back working. Not only do they need a good way to keep employees away from each other as much as possible during the workday while keeping work efficiency high, but they need a way to implement contact-tracing in a job that has so much exposure between workers together and their environment. Triax Technologies think they have the answer.
Business-changing Technology
Triax recently introduced the Proximity Trace, a wearable device that can be attached to headgear or a lanyard, that assists in bringing back essential workers to their job sites in construction. The technology consists of a sensor called TraceTag, that can sense and sound off when workers are too close in certain situations. It also records data such as location and workers involved in situations where workers break social distancing mandates.
This technology is big for contact tracing, something all of America is lacking as of right now. This device can keep workers safe from potential illness. It can also assist with its data storage to target specific workers who have been in close contact with any infected worker.
Triax is currently distributing the device to construction businesses returning to work. Hopefully, this device will do what it has promised: Keeping construction on its feet in such an unsure time.
You’ve just seen your Experience Modification Rating (EMR) and it is high again. Or your worst-case scenario, it has gone up again. Year over year, you’ve spent time shopping for your insurance due to your high EMR. It is time to stop shopping and start proactively working to lowering your EMR because eventually, it will catch up to you.
What Is Your Experience Mod?
Let’s start with a basic definition. What is your Experience Modification Rating or your EMR? A simple definition of EMR is Payroll divided by Claims. The video below explains what your experience mod is and what is expected of your organization. (If the video does not play in your browser click here.)
Remember, an average experience mod is a 1.0, this is like receiving a “C” on your report card. If you’re happy with this, stop reading now. Good luck, you’ll be competing against companies with a greater competitive advantage than you because they’ll have a much lower cost structure, higher profits, and a larger business development budget.
Some Construction companies bidding on government work are ineligible if their EMR is above 1.0.
How To Find Your Experience Mod Rate
The NCCI (National Council on Compensation Insurance), is a group that calculates Experience Modification Factors for companies across the entire United States. Some states have their own rating bureaus due to their size and complexity. For example, New York and New Jersey have the NYCIRB & NJCRIB respectively. For a detailed explanation of what your Experience Modification Factor is and how it’s calculated visit this site.
Why is Your Experience Mod High?
There are a number of reasons why your EMR is high. The biggest factor is the number of open claims. If your organization has a high number of claims or one large claim on your Workers’ Comp policy your EMR may stay high until that claim is closed.
How This Affects Your Organization
What this means is that most companies will see another increase in their Experience Modification Factor following their next recalculation. That takes place on their “Unit Stat Date,” and, if left unchecked, your business could face higher rates, possible penalties, and Labor Department Violations.
What You Can Do To Lower Your Experience Mod:
Track incidents (near misses) not just claims. Most claims can be avoided if you are meticulous about tracking all of the near misses that lead up to the eventual incident. Most claims could have been avoided in hindsight as the employee typically was taking shortcuts long before the ultimate injury occurred. Track these infractions and you will prevent at least one injury a year.
High Experience Mod
Investigate accidents immediately and thoroughly; take corrective action to eliminate the hazard. If you sense fraud, get aggressive; don’t be an easy target. We suggest Why Analysis follow all incidents. That’s a whole other article that can be accessed HERE.
Report all incidents to your insurance broker or Risk Advisor immediately. Studies show the longer it takes to report a claim, the more expensive it will be. A 4-week delay in reporting an injury drives the cost of that same injury by 48% according to a Hartford Insurance study of over 2 million claims.
Alert your workers’ compensation claims adjuster to any serious, potentially serious or suspect claims. Frequently monitor the status of the claim, and communicate with the adjuster to resolve them as quickly as possible. Too busy to do that, have our Claims Advocates communicate with the adjuster on your behalf. Our Claims Advocates were insurance adjusters so they speak that language holding the carrier’s adjusters accountable.
Every reported claim to your insurance carrier no matter the line of insurance should have an action plan attached to it to close out the claim. This is a big mistake most businesses make. They report it and then forget it until the policy comes up for renewal. At that point, they are shocked at the increase in the workers’ compensation insurance premium which is always driven by claims experience. Folks forget that workers’ compensation insurance is really a very expensive credit line to the business.
Take an aggressive approach to providing light-duty or transitional to all injured employees upon their release from treatment. Return To Work programs are extremely powerful tools for lowering the cost of a workers’ compensation claim as they give leverage back to the employer, stopping the tail from wagging the dog. Supervise light duty employees to ensure their conformance with restrictions.
In serious cases that involve lost time, communicate with the claims adjuster to demonstrate your interest in returning the injured employee back to gainful employment.
Set safety performance goals for those with supervisory responsibility. Success in achieving safety goals should be used as one measure during performance appraisals. At Metropolitan Risk this is just one of the K.R.I’s (Key Risk Indicators) we emphasize to establish internal standards and accountability.
Develop a written safety program, and train employees in their responsibilities for safety. OSHA rules dictate for every facility location or job site there must be a competent person. Incorporate a disciplinary policy into the program that holds employees accountable for breaking rules or rewards them for correctly following safety procedures. This should be tied into the employee handbook which each employee receives when they are on-boarded for your org.
Frequently communicate with employees, both formally and informally, regarding the importance of safety keeping safety top of mind at all times.
Make safety a priority – senior management must be visible in the safety effort and must support the initiative.
Evaluate accident history and near-misses at least monthly. Look for trends in experience, and take corrective action on the worst problems first.
Ensure your payroll and class codes are accurate. Over 65 % of workers’ compensation audits have errors. See COMP CHECK.
Ensure the correctness of your mod calculation. Far too often there are errors here as well. See COMP CHECK
You can build all this out organically by yourself OR speak to a Risk Advisor about our COMP CARE PLATFORM. We have this all built. It’s turn-key and ready to be deployed in your organization if you are serious about reducing your workers’ compensation costs. There are no short cuts…
How Metropolitan Risk Can Help
Still looking for more info? Still have question? We have a team of Risk Management specialists who are here to help! Contact a Risk Advisor today for more information on how you can work towards lower workers comp costs by closing claims instead of shopping for insurance. Click here to book a 5-minute call with a Risk Advisor
This is just a quick reminder to all our clients and friends that as of December 1st, 2019 per Local Law 196 of 2017, Site Safety Training or SST, workers at job sites requiring a Construction Superintendent, Site Safety Coordinator or Site Safety Manager must have a total of 30 hours of safety training by December 1, 2019 and a total of 40 hours by September 2020. Supervisors must have 62 hours of training by December 1, 2019.
Further for General Contractors (G.C.’s), every site must post worker safety information posters as each job site they are running where safety is required. This was effective as of October 14th, 2019.
Per the NYC Department of Buildings (DOB), the signs must contain the following attributes.
Contain specific information about required worker safety training, including all site safety training deadlines and the number of required training hours, and the information must
Be in all languages used by workers to communicate at the construction site. In addition, the signs must
Be clearly visible to workers and must be posted at the construction site as follows:
Sites with construction fencing must post a sign at each egress point on the inside of the construction fencing, including vehicle delivery fence gates and existing loading docks.
Sites without construction fencing must post a sign at each egress point within the controlled access zone where construction is taking place and at each existing loading dock or location used for construction delivery or access.
To comply with the new requirements, the posted sign must:
be 44 inches wide and 30 inches high;
have letters at least 1 inch (25 mm) high;
have white letters on a blue background; and
be made of a durable and weatherproof material such as vinyl, plastic, or aluminum that is flame retardant.
The NYC DOB also was kind enough to build out templates in various languages for a diverse workforce population. If you wish to obtain a Site Safety Poster in a different language than English CLICK HERE.
Any questions we recommend so speak directly with Complete Safety Services, LLC Sinead O’Flaherty. CLICK HERE to contact Sinead.
On July 1st, 2019 New York construction payroll limitation will increase. The New York Compensation Insurance Rating Board has made an update to the construction industry payroll limitation. Effective July 1st, 2019 the limitation will increase from $1,401.17. This new limitation applies to policies effective on or after July 1st, 2019. For policies effective before July 1st, 2019, the limitation remains at $1,357.11 per week
What is the construction payroll limitation?
Construction employees working under specific classifications will earn higher than average wages. Location, skill level, and working on a prevailing wage job are reasons for this. This means employers paying higher wages for the same work end up paying higher premiums. The Rating Board started the payroll limitation in 1999 to bring fairness to insurance premiums by evening out the playing field. Each week, payroll for qualifying employees is established at the limitation set by the Rating Board for audit purposes.
What does this mean?
If a qualifying construction employee earns more than the limitation throughout the week, their payroll is capped at the limitation for audit purposes. Additionally, the limitation applies from week to week. If an employee earns more than the limitation one week, the rule applies. The full wage is included that week if an employee earns less than the limitation.
Does this apply to me?
If you are in the construction industry and have employees in the qualifying classes, this will apply to you. You can find a list of the eligible codes on the State Insurance Fund website.
Furthermore, if any of your employees earn more than the limitation, your workers compensation insurance might cost more than it should.
What About Wrap Ups?
Good Question! The payroll limitation also applies on Wrap Ups too. Your certified payroll reports may not have a provision to report limited payroll. As such, you should not assume the wrap admin is making the adjustments for you.
Still need help? A Risk Advisor can help make sure the limitation is in your favor.To learn more, click here.
New York State developed the NY State Construction Industry Fair Play Act to reduce levels of employee misclassification and fraud; predominantly in the construction industry. NY State Dept of Labor discovered employers in both the transportation industry and construction were intentionally reporting employees as “independent contractors” to state and federal authorities or their workers’ compensation carriers in huge names. Further, there was a huge increase in employers who simply failed to report a high percentage of their employees.
Unfortunately, any business who “willfully” fails to properly classify an individual as an employee is subject to civil and criminal penalties up to $2,500 for the first violation per misclassified employee, up to $5,000 for each subsequent violation per misclassified employee within a 5 year period. In addition to civil penalties, the criminal penalties imposed on the business owner who willfully misclassifies will be a misdemeanor. Upon conviction, punishment for a first offense may $25,000 or imprisonment for up to 30 days. For subsequent offenses, a fine may reach up to $50,000 or imprisonment for up to 60 days.
Folks, there is a lot at stake here. Gone are the days where you can skirt the rules. Both the authorities and the “employees” have too much information. You work so hard to build a business. Short cuts only lead to dead ends.
If you really want to understand the nuance in the NY State Construction Industry Fair Play Act we suggest you download our E-Book by CLICKING HERE.
Still have questions? Still want more info? Contact a risk advisor today at 914-357-8444.
In addition to a number of site safety prerequisites regarding construction superintendents local law 204 necessitates pre-shift safety meetings for workers at construction sites.
A permit holder who requires a site safety manager, site safety coordinator and construction superintendent must have a safety meeting with workers who are on site and under a permit holder or by a performing subcontractor. It is imperative that this meeting takes place before the initiation of any construction or demolition work.
Hold the safety meeting under these following conditions:
Have a Competent Person Conduct the Pre-Shift Safety Meetings: When the permit holder designates this person, they must have a pre-shift safety meeting before the commencement of any construction or demolition work. The competent person must be able to communicate with each worker at the meeting.
Click Here to Read More About Competent Workers.
2. The Pre-Shift Meeting Content: The meeting covers a review of the activities and duties to accomplish during the shift, along with detailed information regarding the safety and risks associated with specific tasks.
3. Records: The permit holder must maintain a record for each worker and meetings must be held once a week. The records must include the following:
The name, title and company associated to each worker who has participated.
The name, title and company association of the competent person who held the meeting along with their signature.
The date and time of the meeting.
This law has taken effect as of May 16th, 2018. The commissioner of buildings may take certain measures such as promoting rules to ensure the implementation of the law.
Stay ahead of the curve and speak with one of our risk advisors today!
What does it mean to be a competent person according to OSHA? Are your workers competent? The general idea of competency is defined as having the required ability, skill and knowledge to do something. There are countless employers who state they have competent employees or are competent themselves. Yet, the term ‘competent’ may not equate to experience or the ability to make altering decisions on the job site. The ambiguity behind the term has been misunderstood and defined at various standards.
According to OSHA, the term extends beyond acknowledging someone with the title. OSHA construction standards define this term as an employee who can perceive hazards within a given task and also has the ability to ease those issues. Phil Colleran, a safety consultant specializing in construction and a former OSHA compliance officer states “it’s a fairly misunderstood term.” Still, contrary to common belief, formal training and attending classes is not a prerequisite to being competent.
Why Is This Important?
Should you be lucky enough to have your site audited by an OSHA inspector the first question they will ask is “Who is the competent person on this site?” If you have not delegated before to this audit, a designated “competent person” that will be your first of many fines.
The Implications and Applications of Insights
A competent employee is more likely to assess and properly mitigate emerging hazards. An employee that could not do this would not be considered competent. There is also an immense difference between understanding a broad spectrum of scenarios and having a hands-on situational approach experience. The individuals use their skills and capability to identify hazards associated with clear operations. Simply put, competency is not exclusively knowledge but the application of it.
The Appropriate Person
A large worksite may ask for several competent individuals who are proficient in their own areas of expertise. However, why not have someone that is specialized in multiple areas? One having deep knowledge and experience in all fields is unlikely. Even if one has the experience encompassing all aspects of the worksite, an employee who specializes in one area is able to properly assess, diagnose and take the necessary steps to handle a diverse array of situations.
Still, utilizing employees who are competent is key to decreasing errors and recognizing hazards. Speak with one of our highly experienced and competentRisk Advisorstoday!
Fall protection and safety is a major concern at construction sites. In fact, OSHA cites injuries from falls as one of its top 10 worksite injuries and a huge driver of insurance costs in states like NY which have laws that specifically address falls from a height.
Falls and falling objects result from unstable working surfaces, ladders not safely positioned and misuse of fall protection. Workers are also subject to falls or the dangers of falling objects if you can not maintain proper protection of sides, edges, floor holes and wall openings. Any time you are working at a height of six feet or more on the construction site, you must be protected.
What is “Ladders Last”?
“Ladders Last” is a program that will save lives. The idea is based on prevention rather than protection. Accomplish this by identifying other means of access and/or elevated work platforms that protect workers and support safe production, rather than defaulting to the choice of a ladder.
We Suggest :
Identifying other means of access and or elevated work platforms that better protect workers and support safe production. Devices like scissor lifts, podium ladders, bakers racks or mobile mechanical hydraulic lifts should be your first option.
Ladders will be used on construction projects only after it has been determined that there is no other feasible method to perform the elevated work.
All ladder work will be permitted but will require sign off by your Superintendent or your Safety Manager.
Subcontractors shall complete a Construction Ladder Use Permit and have it reviewed and approved by the Superintendent or Safety Manager.
While working on/from the ladder, 3 points of contact must be maintained at all times. If you can not maintain 3 points, utilize 100% tie off when above a 4’ working height.
Lanyards will not be acceptable fall protection while working from a ladder. The only acceptable personal fall arrest system used when working from a ladder is retractable.
Job Built Ladders will only be allowed with approval of the Site Superintendent and Project’s Safety Manager on a case by case basis.
Extension ladders when Permitted must have walk through extensions.
Platform Ladders should be the ladder of choice on your construction projects when a ladder has been approved.
We also suggest using A Frame ladders when ladders must be used as another potential alternative.
Daily Ladder Inspection Tag with sign off by user will be attached to each ladder.
Lastly it’s important that the ladders last program be inserted into your OSHA Site Safety Manual which should be your go to safety document.
Ladder Permits (Please Provide) :
Mandatory Engagement (Superintendent / Safety Manager Project Team inspection of use & sign off)
Elevated documented oversight
Correct ladder size and set-up
Training documentation for use
National Statistics
A new study from the Centers for Disease Control and Prevention found that falls remain a leading cause of death and nearly half of those deadly falls have been from ladders.
Approximately 20% of fall injuries involve ladders. Among construction workers an estimated 81% of fall injuries treated in emergency rooms involve ladders.
Over the last 10 years the amount of ladder-related injuries has increased 50%
The construction industry has the highest Ladder Fall Injuries (LFI) rate compared to other industries
Ladder Fall Injuries (LFI) increase with age
Companies with the fewest employees have the highest fatality rates
Head injuries wereimplicated in about half of the fatal injuries
More than 90,000 people receive emergency room treatment from ladder-related injuries every year.
WHY
Constant misuse
Failure to use ladders correctly
Failure to inspect
Failure to train employees
If you like the concept and want to pursue building your own ladders last program we suggest you start by downloading our FREE GUIDE HERE. Any questions contact one of our Risk Advisors today at (914) 357-8451.
