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Injury Prevention. Take advantage of our vast library


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Control your MOD through a
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plan, which reduces your workers’

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on all its contributing factors, from

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loss control to cost containment.
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Our agency can help you stay on
Our agency can deliver the strategies, tools and resources top of your workers’ compensation
that will help you understand and manage the factors that claims by building solid loss
impact your experience modification factor (MOD), control and safety programs to
reduce the total number of
allowing you make a serious impact on your workers’ injuries in the workplace.
compensation premium.
Safety Programs and Policies
We know your industry has unique
risks – we have the industry-
specific programs and policies that
outline how to control those safety
risks to keep your employees
injury-free on the job.

Return to Work
When employees are injured, an
effective return to work program
can reduce workers’ compensation
costs and ultimately contain your
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with our extensive collection of
materials to help you create a
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GDI Insurance Agency, Inc.

801 Geer Road Turlock, CA 95380 ■ Zywave,


© 2010 Phone: Inc.
209-634-2929 Online: http://www.gdiinsurance.com/
All rights reserved.
Table of Contents

POLICIES, PROGRAMS AND MANUALS ........................................................................................... 3-10


Return to Work Program Guide ............................................................................................................. 3-6
Return to Work Policy .......................................................................................................................... 7-10
FORMS ....................................................................................................................................... 11-12
Return to Work Evaluation Form ....................................................................................................... 11-12
EMPLOYER RESOURCES ............................................................................................................... 13-21
Risk Insights: Five Steps to Reducing WC Costs ................................................................................. 13-14
Coverage Insights: Understanding Your WC Experience Modification Factor................................... 15-16
15 Warning Signs of Workers’ Compensation Fraud .............................................................................. 17
Drug Testing Proves Positive Results in Decreasing WC Mods .......................................................... 18-20
Top 10 Ways to Control Your MOD......................................................................................................... 21
PRESENTATIONS ......................................................................................................................... 22-29
Your Experience Modification Factor................................................................................................. 22-23
Preventing Workplace Accidents: A How-To Approach..................................................................... 24-25
Impact of Return to Work Programs .................................................................................................. 26-27
Financial Impact of Work-Related Injuries......................................................................................... 28-29
CHECKLISTS ................................................................................................................................. 30-31
Plant Safety Inspection Checklist ...................................................................................................... 30-31
GDI INSURANCE AGENCY, INC.

RETURN TO WORK PROGRAM

A Comprehensive Guide to Developing an Effective Plan

Provided by: GDI Insurance Agency, Inc. ◊ 801 Geer Road Turlock, CA 95380 Tel: 209-634-2929

3
WHERE TO BEGIN

The following guide will help you construct an effective Return to Work Program and create
meaningful work assignments for workers injured both on and off the job. It includes
background statistics to support the program, steps to take before execution, how to manage
the program and implementation recommendations.

Step 1: Know the Facts


Supporting your Return to Work Program with evidence that it will help save GDI Insurance Agency,
Inc. money is the best way to convince upper management to get on board. Obviously, injured
employees drive up company costs in the form of lost work days and compensation costs. Studies
clearly demonstrate that employees who are off work because of injury for more than 16 weeks
seldom return to the workforce, and companies get stuck paying hundreds of thousands of dollars each
year in unnecessary costs.

Step 2: Gather Data


Before you institute a program, research your company culture to understand what current employee
attitudes are toward injury and returning to work. That way, after you create an official Return to Work
Program, it will be easier to evaluate and determine whether there has been a positive mindset shift.
Get to know your company culture at all levels and from a range of perspectives. Visit worksites and
talk to employees to understand how your current Return to Work Program – or lack thereof –
functions. Develop a needs assessment to determine how much work you need to do to shift company
culture and practice.

Step 3: Demonstrate a Commitment to Early Return to Work


Make sure all levels of employees recognize that early return to work after an injury speeds up the
recovery process and reduces the likelihood of permanent disability. Everyone from upper
management to hourly employees should understand the goals, purpose and background on the
program. There is no use taking large strides to enact a program if management does not support and
recognize the need.

These elements are the foundation and support for your Return to Work Program. Take plenty of time for
these steps before moving on to create your program.

RETURN TO WORK PROGRAM ELEMENTS

Steps 4 through 7 of this guide will go straight into your written Return to Work Program, as
they are the elements that will help you take action and establish a plan.

Step 4: Create Goals


State GDI Insurance Agency, Inc.’s purpose in creating the program and emphasize management’s
commitment to making it work. Keep it positive, but be sure employees understand the Return to
Work Program is a serious initiative. This is also the place in your written program to define what
type of duty you offer or require – your program can revolve around transitional duty, alternate
duty or both.

Example Goal Statement: GDI Insurance Agency, Inc.’s Return to Work Program is in place to
accommodate injured workers by identifying new duties or modifying jobs to meet their physical
capacities and respect doctors’ restrictions. The goal is to return our employees to productive work,
regular schedule and full wages as soon as possible, as they are the essential livelihood of GDI
Insurance Agency, Inc.. Because our employees are so valuable, we have both a Transitional Duty
Program, which is designed as a therapeutic tool to accelerate return to work by addressing
physical and emotional limitations, and an Alternate Duty Program, which is a placement service

4|RETURN TO WORK PROGRAM GUIDE


for workers deemed unable to perform the functions of their pre-injury job by a medical
professional.

Step 5: Create a Return to Work Team and Define its Responsibilities


A Return to Work Team is crucial to the program’s success because it provides leaderships, sets
expectations for injured employees, acts as a communication channel between all involved parties
and ensures the Return to Work program is being administered correctly. This team should consist
of a representative from each of the following areas, and you may want to use these role
descriptions directly in your written program:
- Senior Management
o Ensures implementation; promotes and supports the program
- Vocational Rehabilitation Specialist**
o Serves as expert on physical and psychosocial aspects of disability, can testify in
court as vocational expert, understands job analysis and physical capacities
forms, supervises Return to Work Program administration
- Workers’ Compensation Professional (either an in-house representative or someone from
your insurance company or TPA)
o Provides medical information, problem-solving skills and general support
- Supervisor(s)
o Directly supports the injured worker’s return to work by giving out the modified
assignments, facilitating communication and ensuring the employee does not
exceed the assigned physical restrictions
- Union
o Promotes the GDI Insurance Agency, Inc. Return to Work Program to union
membership; advocates for employees and assists in return to work planning for
specific employees when requested
- Panel Physicians
o Prepares a medical treatment plan that is safe, promotes early return to work
and keeps GDI Insurance Agency, Inc.’s aggressive program in mind
- Human Resources Department
o Coordinates with Return to Work Program Manager on employee benefits, wages,
Family Medical Leave and workers’ compensation issues
**the best candidate for team lead or Return to Work Program Manager

The Return to Work Team should also be responsible for creating and maintaining a transitional
duty job bank, which is discussed in greater detail in Step 6.

Step 5: Develop a Work Flow Chart Outlining the Return to Work Process
A crucial part of the Return to Work Program is the process and steps involved in administration. A
good flow chart will eliminate confusion about the program and identify proper actions for all levels
of employees, and this flow chart should serve as your action plan. Request a sample Work Flow
Chart to use with your Return to Work Program from GDI Insurance Agency, Inc. at 209-634-2929.

Step 6: Develop and Maintain a Job Bank


Again, the Return to Work Program Manager should be the owner of the job bank; however, he or
she should meet with supervisors and managers to identify adequate transitional tasks. You could
also encourage all employees to submit ideas for transitional duty tasks as they come up – the
tasks in the job bank can, and should, range in levels of physical strain required to complete them.
This job bank can be as formal or informal as necessary, but it is essentially a laundry list of tasks
or assignments across all departments that ideally should get done but often get overlooked
because of lack of staff, time, funds, etc. It might be helpful to organize the job bank both by work
location and by physical demand level to find the most appropriate task for an injured employee.

5|RETURN TO WORK PROGRAM GUIDE


Keep in mind that while safety of the employee is the most important, it is also essential to the
success of your Return to Work Program that the tasks are productive. Make every effort to keep
work hours and days off consistent with the injured employee’s work schedule, but also make sure
he or she is aware that the transitional task may require an altered schedule. If the transitional
duties in the job bank are considerably less skilled than the employee’s pre-injury job, consider
paying less than full-duty rate if your state laws allow. You will pay less in payroll taxes and, at the
same time, you will motivate the worker to return to full duty.

Step 7: Create a Communication and Education Plan


To make your Return to Work Program a success, you should have full cooperation with all parties
involved. This includes the injured worker, his or her supervisor, union officials, medical providers
and workers’ compensation professionals. If any of these parties is not fully committed to the
program, your success will be limited.

To maximize the program’s communication efforts:


- Provide written program descriptions and definitions – make these items readily
available, accessible and readable
- Keep job descriptions and job analyses on file for each employee in case he or she ever
becomes injured
- Review the Return to Work Program with employees during new hire orientation and
periodically throughout the year
- Provide one-on-one sessions with injured employees to reiterate expectations and assign
transitional tasks

FINAL STEPS

The last step in implementing a Return to Work Program is to include a way to measure your
progress. Step 8 will offer suggestions on how you can manage your Return to Work Program.

Step 8: Recordkeeping
Put simply, the best way to measure the success of your program is to collect return to work data.
Financial savings may be difficult to quantify, but one thing you can do is track the money you save
on an individual basis for each injured employee who goes on transitional duty. Also, it will be
helpful to keep a Transitional Duty Database. Use this to chart:
- The number of employees assigned to transitional duty
- The average duration of transitional duty assignments
- The percent of employees filing new claims each month who are placed in transitional
duty
- All receipts of work release to transitional duty assignments from a medical professional

Step 9: Distribute the Plan


After you create your written Return to Work Program using these guidelines, distribute it to
employees at every level. In your written Return to Work Program that you distribute, in addition
to all of the steps included in this guide, be sure to include:
- Your Return to Work Policy, which should have a section to be signed, dated, returned to
Human Resources and filed for each employee
- The Return to Work Flow Chart
- Other relevant material that may be helpful to employees experiencing work related
injuries or illness, including workers’ compensation information

You might also consider holding a meeting to build support for the program and so that employees
can ask questions. Revisit the Return to Work Program annually to re-evaluate the written
procedures and policies and analyze its success.

6|RETURN TO WORK PROGRAM GUIDE


If you have further questions about writing or implementing your Return to Work Program, GDI
Insurance Agency, Inc. can assist you.

7|RETURN TO WORK PROGRAM GUIDE


Return to Work Policy
Prepared by: GDI Insurance Agency, Inc.
GDI Insurance Agency, Inc.
Location: _________________
Effective Date:
Revision Number: 2

PURPOSE
This policy is in place to ensure GDI Insurance Agency, Inc. provides meaningful work activity for employees
who are temporarily unable to perform all, or portions, of their regular work assignments or duties. This policy
applies to employees suffering from either work or non-work related injury or illness. The goal is to allow
valued company employees to return to productive, regular work as quickly as possible. By providing
temporary transitional or modified work activity, injured employees remain an active and vital part of the
company. Studies show that a well-constructed Return to Work Policy reduces lost time days, allows workers
to recover more quickly and makes for a more positive work environment.
SCOPE
All active employees who become temporarily unable to perform their regular job due to a compensable work
related or non-work related injury or illness may be eligible for transitory work duties within the provisions of
this program. Return to work tasks may be in the form of:
- Changed duties within the scope of the employee’s current position
- Other available jobs for which the employee qualifies outside the scope of his or her current position
- An altered schedule of work hours
DEFINITIONS
- Transitional duty is a therapeutic tool used to accelerate injured employees’ return to work by
addressing the physical, emotional, attitudinal and environmental factors that otherwise inhibit a
prompt return to work. These assignments are meant to be temporary and may not last longer than
90 days, though GDI Insurance Agency, Inc. permits multiple 90-day assignments back-to-back if it is
medically warranted.
- Alternate duty is a part of GDI Insurance Agency, Inc.’s Return to Work Policy that is designed as a
placement service for individuals who have reached maximum medical improvement and are still
unable to perform the essential functions of their pre-injury job.
APPLICABILITY
Length of Duty
If work is available that meets the limitations or restrictions set forth by the employee’s attending
practitioner, that employee may be assigned transitional or modified work for a period not to exceed
90 days. Transitional or light duty is a temporary program, and an employee’s eligibility in these
reduced assignments will be based strictly on medical documentation and recovery progress.

Daily Application
An employee’s limitations and restrictions are effective 24 hours a day. Any employee who fails to
follow his or her restrictions may cause a delay in healing or may further aggravate the condition.
Employees who disregard their established restrictions, whether they are at work or not, may be
subject to disciplinary action up to and including termination.

Qualification
Transitional or modified duty will be available to all employees on a fair and equitable basis with
temporary assignments based on skill and abilities. Eligibility will be based upon completion of the
Return to Work Evaluation Form by the employee’s attending medical professional. An employee on
modified duty will be considered part of the regular shift staffing, with recognition of the employee’s
limitations within the department.
RESPONSIBILITIES
The following responsibilities apply to various levels within the company.
- Senior management will ensure the policy’s enforcement among all levels at GDI Insurance Agency,
Inc. and will actively promote and support this policy and the Return to Work Program as a whole.
- Supervisors will support the employee’s return to work by identifying appropriate modified
assignments and ensuring the employee does not exceed the physician’s set restrictions. Supervisors
will also stay in regular contact with absent employees and communicate GDI Insurance Agency, Inc.’s
attendance expectations clearly. They are also responsible for reporting any problems with employees
and this policy to the return to work manager or program supervisor.

8
- Injured workers will notify their supervisors in a timely manner when their condition requires an
absence. They will closely follow their physician’s medical treatment plan and actively participate in
GDI Insurance Agency, Inc.’s Return to Work Program, which includes following all the guidelines of
this policy. Injured employees will also help supervisors identify potential options for transitional
duties that they discover. While supervisors are responsible for maintaining constant communication
with the injured employee, the worker also has the obligation to maintain contact with GDI Insurance
Agency, Inc. about their condition and status. The injured worker will complete all the required
paperwork in a timely manner.
- Return to Work Program Manager will be trained in understanding the physical and psychosocial
aspects of disability and will also understand the nuances of GDI Insurance Agency, Inc.’s Return to
Work Program, policies and all associated forms. This individual will also be able to testify in court as a
vocational expert if necessary. He or she will provide program leadership by facilitating communication
between union officials, employees, managers and medical providers. This manager will own the
responsibility of creating the GDI Insurance Agency, Inc. Job Bank and will assist supervisors with on-
site problem solving.
PROCEDURE
Work Schedule
GDI Insurance Agency, Inc. will do everything in its power to tailor the restricted work schedule to the
injured employee’s normal, pre-condition work schedule. However, depending on the job limitations, it
may be necessary for the employee to take on a specifically designed, temporary schedule to
accommodate these restrictions.

Payment of Wages
If qualified authorities determine an employee’s injury is work related, GDI Insurance Agency, Inc. will
pay benefits and wages in accordance with the state workers’ compensation statute and with the
company’s human resources policies. If an employee on modified duty is unable to report to work, the
employee may then be charged for up to eight hours of sick leave per shift.

Employees performing modified duty on a restricted work week (during the first 90 days of workers’
compensation leave) will receive payment for hours worked from the company, while hours not
worked will be reimbursed according to workers’ compensation guidelines.

An employee performing transitional duty for a non-work related injury or illness on a normal work
schedule shall receive an hourly rate for all time worked that may not necessarily equal the full-duty
hourly rate.

Employees performing transitional duty on a restricted work week following a period of Short Term
Disability (STD) may receive a combination of regular pay and partial disability benefits. The employee
and the GDI Insurance Agency, Inc. Human Resources Department will work out this combination on a
case-by-case basis.

If employees take vacation or there is a holiday during restricted duty, they are entitled to their
regular vacation selection or holiday pay as it would apply to normal, non-restricted duty.

Communication Expectations
If an employee is unable to work in any capacity and the company approves of the absences, the
employee must stay in constant communication with the Return to Work Program Manager and the
direct supervisor. Each must receive an update of the employee’s medical status on at least a weekly
basis. Failure to do so may result in a reduction in available benefits and discipline up to and including
termination.

Medical Appointments
GDI Insurance Agency, Inc. does not allow employees to schedule medical appointments that interfere
with working hours. Employees may use time off for medical appointments if they have it available
and if they coordinate the absence in advance with their supervisor. Non-emergency medical
appointments not scheduled in advance may be cause for denial of time off.

The employee’s physician must complete the GDI Insurance Agency, Inc. Return to Work Evaluation
Form for each visit to evaluate the impairment. It is the employee’s responsibility to inform GDI
Insurance Agency, Inc. of his or her medical status after each doctor visit. This applies to both work
related and non-work related injuries and illnesses that interfere with assigned.

Employee Procedures

9|Return to Work Policy


1. In the event an injury or illness is work related, report it to your supervisor immediately, or no
later than the end of the shift on which the injury occurs.
2. Complete and sign a Report of Injury Form.
3. Let your supervisor know that you are seeking medical treatment and obtain a Return to Work
Evaluation Form. The Return to Work Evaluation form must be completed for each practitioner
visit regardless of your choice of physician and regardless whether the condition is work related or
not.
4. Participate in the Return to Work Program on temporary transitional work for up to 90 days while
your physician and supervisor continuously review your condition.
REFUSAL TO PARTICIPATE
If you are unable to return to your regular job but are capable of performing transitional duty, you
must return to transitional duty. Employees who choose not to participate in the GDI Insurance Agency,
Inc. Return to Work Program or follow all regulations in this Return to Work Policy may become ineligible for
state workers’ compensation benefits and, in some cases, refusal to participate may be a basis for
termination. Unpaid Family Medical Leave will apply upon refusal and disability benefits will cease.
FAMILY MEDICAL LEAVE
In the case of reduced work time, the Family Medical Leave and Partial Disability programs may apply to
compensate for lost wages due to fewer hours. Contact the Human Resources Department for further details.

10 | R e t u r n t o W o r k P o l i c y
GDI Insurance Agency, Inc.
Return to Work Policy

GDI Insurance Agency, Inc.’s primary goal is to accommodate injured workers by identifying or
modifying jobs to meet their physical capacities and allowing them to return to work as quickly and
smoothly as possible. The company is committed to individualizing return to work programs based
around the individual’s physical capabilities and will review all task assignments regularly to ensure
duties are appropriate.

We are committed to early return to work and recognize that it speeds up the recovery process and
reduces the likelihood of permanent disability. GDI Insurance Agency, Inc. employees are expected
to show the same commitment to the program by following the Return to Work Policy and all
guidelines of the Return to Work Program. The Return to Work Program requires a team approach,
so employees are expected to cooperate with the management team, supervisors and medical staff
should they ever become injured and unable to perform your full job duties.

Prior to working on any GDI Insurance Agency, Inc. job site, each employee is expected to have
read the entire Return to Work Policy, which includes the following sections:

 Purpose
 Scope
 Applicability
 Responsibilities
 Procedure
 Refusal to Participate
 Family Medical Leave

If you have any uncertainty or questions regarding the content of these policies, you are required
to consult your supervisor. This should be done prior to signing and agreeing to the GDI Insurance
Agency, Inc. Return to Work Policy.

I am aware of and have read GDI Insurance Agency, Inc.’s Return to Work Policy, and I understand
the requirements and expectations of me as an employee. Should I become injured or ill and
unable to carry out my regular duties, whether it happens inside or outside the workplace, I fully
recognize GDI Insurance Agency, Inc.’s expectations of me during my recovery. I also know that
GDI Insurance Agency, Inc. reserves the right to pay less than my full-duty rate during transitional
work if it is justified.

I understand that if I choose not to participate in the Return to Work Program or follow this policy’s
guidelines, I may become ineligible for state workers’ compensation benefits and, in some cases,
my refusal may be grounds for termination.

Employee Signature: __________________________________________

Date: ____________________________

11 | R e t u r n t o W o r k P o l i c y
GDI Insurance Agency, Inc.
RETURN TO WORK EVALUATION FORM
To Be Completed by Medical Practitioner

Ple
Employee Name: ase
co
Date of Birth: Date of Impairment: mpl
ete
Diagnosis: the
follo
Prognosis: win
g
items based on your estimated clinical evaluation. Any item that you do not believe you can answer should be
marked N/A. GDI Insurance Agency, Inc. has a return to work program for eligible employees, and this evaluation
form will help us determine this employee’s return to work availability.

In an eight-hour workday, patient can: (circle or X next to full capacity of each activity)

A. Sit 1 2 3 4 5 6 7 8 (hours)
B. Stand 1 2 3 4 5 6 7 8 (hours)
C. Walk 1 2 3 4 5 6 7 8 (hours)

Note: In terms of an eight-hour workday: Occasionally = 1 to 33 percent of the day


Frequently = 34 to 66 percent of the day
Continuously = 67 to 100 percent of the day

Not at All Occasionally Frequently Continuously


Bend/Stoop
Squat
Crawl
Climb
Reach Above Shoulder Level
Crouch
Kneel
Balance
Push/Pull
Carry:
Up to 10 lbs.
11-24 lbs.
25-34 lbs.
35-50 lbs.
51+ lbs.

12
Lift: Not at All Occasionally Frequently Continuously
Up to 10 lbs.
11-24 lbs.
25-34 lbs.
35-50 lbs.
51+ lbs.

Patient can use hands for repetitive action, such as: (indicate YES or NO)

Simple Grasping Firm Grasping Fine Manipulation


Right YES NO YES NO YES NO
Left YES NO YES NO YES NO

Patient can use feet for repetitive movements, as in operating foot controls, walking, etc. (circle YES or NO
and total number of hours repetitive movements are allowed in each workday)
Right YES NO 1 2 3 4 5 6 7 8
Left YES NO 1 2 3 4 5 6 7 8
Both (simultaneously) YES NO 1 2 3 4 5 6 7 8

Restriction of Activities
None Mild Moderate Total
Involving:
Unprotected Heights
Operate Moving Machinery
Temperature Changes
Operating Forklifts
Driving Automobiles
Dust, Fumes & Gas Exposure

Can the patient perform some type of work? YES NO


If so, how many hours per day? 1 2 3 4 5 6 7 8
How long is the patient’s impairment expected to last?
Do these restrictions apply to activities outside of working hours? YES NO
If no, explain:

Physician Name/Date Completed (Print): /

Physician Signature/Phone Number /

13
RISK
GDI Insurance Agency, Inc.: Your risk management partner

INSIGHTS GENERAL INDUSTRY

Five Steps to Reducing Workers’ Compensation Costs


When a company experiences significant increases in workers’ Many of the OSHA standards require some type of written
compensation costs, it usually triggers internal activities aimed program be developed and then communicated to employees.
at reducing insurance costs and spending. The key to Experience shows that companies with thoroughly developed
spending fewer dollars is more than just stopping a few OSHA-compliant programs have fewer accidents, more
accidents; it is having a sound safety program designed to productive employees and lower workers’ compensation costs.
continuously improve. This is where a safety program that, at a
minimum, is compliant with the Occupational Safety and Health Integrate Programs into Daily Operations
Administration (OSHA) standards can yield significant savings Policies alone won’t get results; the program must move from
for GDI Insurance Agency, Inc. by paper to practice to succeed. Putting
reducing injuries and illnesses, a policy into practice requires a
saving workers’ compensation
dollars. The key to spending fewer strategic plan clearly communicated
to key participants, good execution

Building a Solid OSHA Program WC claims dollars is more than of that plan based on developed
competencies, and a culture that
There are five entry-level steps GDI
Insurance Agency, Inc. can take to
just stopping a few workplace inspires and rewards people to do
their best.
have a well-rounded safety program
that produces a safe work
accidents; it’s having a sound When developing any business
environment, achieves OSHA safety program designed to initiative, there must be an emphasis
compliance, reduces accidents and on frontline supervisors and helping
ultimately reduces workers’ continuously improve. them succeed. Every good business
compensation costs. person knows that any new program
1. Develop the various - safety, quality or anything else -
programs required by the lives and dies with the frontline
OSHA standards. supervisor. If the frontline supervisor knows the program and
2. Integrate those programs into the daily operations. wants to make it happen, the program succeeds; if not, the
3. Investigate all injuries and illnesses. program is a source of constant struggle, and an endless drain
4. Provide training to develop safety competence in all on resources and energies. Providing supervisors with
employees. knowledge and skills through training is critical to the success
5. Audit your programs and your work areas on a regular of any program.
basis to stimulate continuous improvement.
A solid OSHA program, integrated into the daily operation and
Develop Programs Required by OSHA Standards led by competent supervisors is just the beginning. Successful
Aside from being a requirement for general industry, the OSHA safety programs focus on being proactive instead of always
standards provide a good pathway to incident reductions. A reacting to issues. Accident investigations provide an excellent
good number of accidents stem from poorly developed, trained source of information on real or potential issues present in the
or implemented OSHA programs: slips or trips may come from workplace.
poor housekeeping efforts or not keeping walking and working
surfaces clear, not using personal protective equipment may Investigate All Injuries and Illnesses
result in excessive lacerations, and poor lifting techniques can Workers’ compensation is designed to recompense employees
result in strains. for injuries or illnesses that arise from or out of the course of
employment. This should not come as a surprise, but
increasing claims drive up workers’ compensation costs. To

14
RISK INSIGHTS GENERAL INDUSTRY

reduce those costs, you must simply reduce your accidents. reviewed on a regular basis to make sure they are still relevant
And the ability to reduce accidents is significantly enhanced and effective.
when those accidents are fully investigated instead of simply
being reported. This might require a significant change in how you manage
Accident reports are historical records only citing facts, while your safety program, but if your workers’ compensation rates
accident investigations go deeper to find the root cause and are high, it may be time to make this leap.
make improvements. Businesses that stop rising workers’
compensation costs have an effective accident investigation Tangible Benefits
process that flushes out the root cause of the problem. Unless 1. Studies indicate there is a return on investment and
the root cause is discovered, recommendations for that companies see direct bottom-line benefits with a
improvement will remain fruitless. Again, training proves properly designed, implemented and integrated safety
beneficial because a supervisor skilled in incident analysis is a program.
better problem solver for all types of production-related issues, 2. A competency-based safety program is compliant with
not just safety. OSHA requirements and therefore reduces the threat
of OSHA fines.
All accidents should be investigated to find out what went 3. A competency-based safety program lowers
wrong and why. Some may suggest investigating every accidents, and fewer accidents lower workers’
accident is a bit over the top and only those that incur compensation costs. When incidents do occur, a
significant costs are worthy of scrutiny. But ask yourself this competency-based safety program fully evaluates the
question: If you only investigated serious quality concerns issue and finds the root cause to prevent
instead of every little deviation, would your quality program still reoccurrence and provides a workplace that is free
be effective? Companies with solid quality programs from recognized hazards.
investigate and resolve every deviation from quality standards. 4. A safer workplace creates better morale and improves
employee retention. Auditing keeps your programs
If your emphasis is only on those incidents that have to be fresh and effective and drives continuous
recorded on the OSHA 300 log, you close your eyes to the improvement.
biggest accident category: first aid-only incidents. Many 5. A competency-based program produces people who
companies get upset about recordables or lost time accidents are fully engaged in every aspect of their job and are
because of the significant costs involved, but they don’t realize satisfied and fulfilled producing high-quality goods
that the small costs and high numbers of first aid-only incidents and services.
really add up.
How Can We Assist You?
Statistics show that for every 100 accidents, 10 will be At GDI Insurance Agency, Inc., we are committed to helping
recordable and one a lost-time incident. If you investigate only you establish a strong safety program that minimizes your
recordables or lost time accidents, 89 go unnoticed. Would you workers’ compensation exposures. Contact us today at 209-
consider a quality program that allows an 89 percent failure 634-2929 to learn more about our OSHA compliance, safety
rate successful? Reducing serious accidents means you must program, and accident investigation tools and resources.
reduce your overall rate of all accidents – including first aid-
only incidents. That only happens when every incident is fully
investigated to find the root cause, and remedial actions are
identified and integrated into the daily operation.

Training and Auditing for Continuous Improvement


The final steps focus on training and auditing your program for
continuous improvement. Training plays a significant role in
safety and in reducing workers’ compensation costs. The goal
of training is to develop competent people who have the
knowledge, skill and understanding to perform assigned job
responsibilities. Competence, more than anything else, will
improve all aspects of your business and drive down costs.
Supervisors must have the knowledge and ability to integrate
every safety program into their specific areas of responsibility.
Every employee must know what is expected of them when it
comes to implementing safe work procedures. Once the
programs are developed and implemented, they must be

This Risk Insights is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance
professional for appropriate advice. Content © 2007-2010 Zywave, Inc. All rights reserved.
15
Coverage Insights

Understanding Your Workers’ Compensation Experience


Modification Factor
The key to calculating a workers’ compensation premium is the experience modification factor,
also known as your mod. Understanding your company’s mod and the data used to obtain it
provides you with the information necessary to determine how to keep your workers’
compensation premium under control.
Who calculates the mod factor?
Most states use the National Council on Compensation Insurance (NCCI) to collect data and
calculate the experience modification factor. NCCI is a private corporation funded by member
insurance companies. However, the following states have their own government-run rating
bureaus that are separate from the NCCI: California, Delaware, Indiana, Massachusetts,
Michigan, Minnesota, New Jersey, New York, North Carolina, Pennsylvania, Texas and
Wisconsin.
How is a mod calculated?
Calculating the experience modification factor is complex, but the underlying theory and purpose
of the formula is straightforward. Your company’s actual losses are compared to its expected
losses by industry type. The formula incorporates factors that take into account company size,
unexpected large losses and the difference between loss frequency and loss severity to achieve
a balance between fairness and accountability
How does my mod affect my premiums?
The mod factor represents either a credit or debit that is applied to your workers’ compensation
premium. A mod factor greater than 1.0 is a debit mod, which means that losses are worse than
expected and a surcharge will be added to your premium. A mod factor less than 1.0 is a credit
mod, which means the losses are better than expected, resulting in a discounted premium.

What is the experience rating period?


The mod is calculated using loss and payroll data for an experience rating period. The
experience rating period typically includes data for three policy years, excluding the most
recently completed year. For example, for a mod factor calculated on January 1, 2010, data
would be used for the January 1, 2006-2007, January 1, 2007-2008 and January 1, 2008-2009
policy periods. The data for the January 1, 2009-2010 would be excluded.

Time period used in Workers’ Compensation Experience Rating

Experience Rating Period Data Excluded Rating Year


1/1/2006 1/1/2007 1/1/2008 1/1/2009 1/1/2010
 Claims Costs For Each Policy Period Mod Calculated Mod Applied
 Payroll data by state and class code

Three years of data is used to provide a more accurate reflection of the losses, smoothing out
the impact of any bad or good year of losses.

The actual loss data is separated into primary and excess pools. Primary losses, which are the first
$5,000 of every loss, measure frequency. Excess losses — or amounts more than $5,000 —
measure severity. The formula penalizes loss frequency by including all loss amounts in the
calculation. The reason for this is that these types of claims can be controlled through proactive
loss control programs. Losses in excess of $5,000 are capped at levels that vary by state. This
minimizes the impact that any single claim can have on your premium. In approved states,
medical-only claims figures are reduced by 70 percent.
Expected losses are then calculated by using your payroll data by state and class code, and
applying the Expected Loss Ratio (ELR). The ELR is provided by each state rating bureau. These
figures are also broken down into expected primary losses and expected excess losses.

16
How do your losses compare?

The final mod calculation compares your actual primary and excess loss figures to those expected
for a company of the same size and industry type. To understand how workers’ compensation
losses to your business compare to state industry averages, contact GDI Insurance Agency, Inc. to
review your experience modification worksheet.

How can you control your mod?

Your mod factor has a direct impact on your workers’ compensation premium. The key to
controlling your insurance costs is through accident prevention.

- The mod is calculated based on data reported to the rating bureau by past insurers. Incorrect
or incomplete data can cause incorrect mod factors. Review the loss and payroll data to make
sure the calculation is complete and accurate.
- Losses remain in the experience rating formula for three years. The experience modification
factor is influenced more by small, frequent losses than by large, infrequent ones.
- Develop a sound safety program, return to work program and prevention procedures to reduce
loss frequency.
- An effective self-inspection and accident investigation program are critical to managing claim
frequency.
- Implement an active claims management program to manage outstanding reserves and focus
on efficiently resolving open claims.
- Report all claims to your carrier immediately.
- Take an aggressive approach to providing light duty to all injured employees upon their release
from treatment.
- Set safety performance goals for supervisory roles. Success in achieving safety goals should
be used as one measure during performance appraisals.
- Train employees on their responsibilities for safety, and enforce conformance with these
responsibilities.
- Frequently communicate with employees, on a formal and informal basis, regarding the
importance of safety.
How can your experience rating save you money?

Establishing a proactive safety program is an effective way to reduce losses, which impacts your
mod and workers’ compensation premium. Contact us today at 209-634-2929. We have the loss
control experience to help you advance safety and control your workers’ compensation premium.

This Coverage Insights is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers
should contact legal counsel or an insurance professional for appropriate advice.

Photography © Outdoor Office V154 Getty Images, Inc. Source: Insurance Information Institute. Reprinted with permission.

17
15 Warning Signs
of Workers’
Compensation Fraud

The WC (workers' compensation) insurance system is a no-fault method of paying workers for medical expenses
and wage losses due to on-the-job injuries. While the majority of WC claims are truthful, the National Insurance
Crime Bureau reports that billions of dollars of false claims are submitted each year. To help you detect possible
WC fraud, experience shows a claim may be fraudulent if two or more of the following factors are present:

1. Monday Morning: The alleged injury occurs either “first thing Monday morning,” or late on a
Friday afternoon but not reported until Monday.
2. Employment Change: The reported accident occurs immediately before or after a strike, a
layoff, the end of a big project or at the conclusion of seasonal work.
3. Job Termination: If an employee files a post-termination claim:
- Was the alleged injury reported by the employee prior to termination?
- Did the employee exhaust his/her unemployment benefits prior to claiming workers’
compensation benefits?
4. History of Changes: The claimant has a history of frequently changing physicians, addresses
and places of employment.
5. Medical History: The employee has a pre-existing medical condition that is similar to the
alleged work injury.
6. No Witnesses: The accident has no witnesses, and the employee's own description does not
logically support the cause of injury.
7. Conflicting Descriptions: The employee's description of the accident conflicts with the
medical history or First Report of Injury.
8. History of Claims: The claimant has a history of numerous suspicious or litigated claims.
9. Treatment is Refused: The claimant refuses a diagnostic procedure to confirm the nature or
extent of an injury.
10. Late Reporting: The employee delays reporting the claim without a reasonable explanation.
11. Hard to Reach: You have difficulty contacting a claimant at home, when he/she is allegedly
disabled.
12. Moonlighting: Does the employee have another paying job or do volunteer work?
13. Unusual Coincidence: There is an unusual coincidence between the employee’s alleged
date of injury and his/her need for personal time off.
14. Financial Problems: The employee has tried to borrow money from co-workers or the
company, or requested pay advances.
15. Hobbies: The employee has a hobby that could cause an injury similar to the alleged work
injury.

GDI Insurance Agency, Inc. ■ 801 Geer Road Turlock, CA 95380


Tel: 209-634-2929 ■ Web: http://www.gdiinsurance.com/

Remember, these warning signs are simply indicators. If you are suspicious of a claim, alert your insurance carrier.

Content © 2007-2010 Zywave, Inc. All rights reserved.

18
Drug Testing Proves Positive Results in Decreasing
Workers’ Compensation Mods
Study revealing the results of drug testing and
its impact on in reducing workers' compensation
experience-rating modification factors

Provided by: GDI Insurance Agency, Inc.

19
Introduction
From international corporations to small local at 71 companies responded. Gerber examined
contractors, construction companies that test the data on injury incident rates and workers'
for drugs appear to be successfully reducing compensation experience-rating modification
workplace injuries, according to a new Cornell factors compiled over a five-year period and
University study. "While drug testing is supplied by National Council on Compensation
controversial, the study provides useful data on Insurance.
a readily measurable outcome," says its author,
Jonathan Gerber, a May 2000 graduate of The study's findings
Cornell's School of Industrial and Labor On average, those companies in the study
Relations. The study was part of his three-year sample that tested workers and job applicants
independent research project. ILR Professor of for drugs experienced a 51 percent reduction in
Labor Economics, Robert S. Smith served as injury rates within two years of implementing a
adviser to the study, which has caught public drug-testing program, compared with only a 14
attention and is pending publication in a percent decline in injury rates in the average
national journal. construction company in general during the
same two-year period. Specifically the injury
In the past 15 years, drug testing in the U.S. rate at construction companies that tested for
workplace has gone from ground zero to drug use dipped from 8.92 incidents per
widespread employer acceptance. In 1983, less 200,000 work-hours before the drug-testing
than 1 percent of employees were subject to program was put in place to 4.36 incidents
drug testing. Today, about 49 percent of full- afterward.
time workers are subject to some form of
workplace drug testing, according to the Construction companies that test for drugs may
Substance Abuse and Mental Health Services save substantially on their workers'
Administration, a division of the U.S. compensation premiums. As a result of fewer
Department of Health and Human Services. job site accidents and injuries, the average
drug-testing company in the study sample
This growth is particularly evident within the experienced an 11.41 percent reduction in its
construction industry. High rates of drug and workers' compensation experience-rating
alcohol abuse in the industry, coupled with the modification factor. At the same time,
high-risk, safety-sensitive nature of the industry companies in the study sample that did not
for workers and the general public, have employ drug testing saw no such decline.
prompted many companies to implement a Experience-rating modification factors are part
variety of safety strategies, including drug of a program to help insurance companies
testing. establish workers' compensation premiums
based on company safety records. Companies
In his study, An Evaluation of Drug Testing in with an average safety record within their
the Workplace: A Study of the Construction industry and state have an experience-rating
Industry, Gerber proposed to test how effective modification factor of 1.0, while companies
drug-testing programs at construction with a better than average safety record have a
companies were in making the workplace safer. modification factor of less than 1.0.
He developed a survey that he sent in
December 1999 to a randomly selected national Drug testing is most effective in reducing
sample of officials at 405 construction workers' compensation experience-rating
companies. Officials modification factors in the first three years
following the implementation of a program.
20
The vast majority of respondents, whether or is warranted, "people should bear in mind that
not their companies tested for drugs, believed the data used [in Gerber's study] were from
substance abuse was a "moderately serious firms willing to participate," said Smith,
problem" in the construction industry. Gerber's adviser.
However, most believed workplace drug and
alcohol abuse dropped between 1994 and 1999. Managing your mod
As this study indicates, the positive effects of a
Seventy-two percent of the respondents at drug-free workplace policy are many — and it
companies with drug-testing programs in place all starts with proper screening of job applicants
said they believed the benefits of drug testing and periodic random testing of employees.
outweighed the costs.
GDI Insurance Agency, Inc. has the expertise to
Respondents generally believed that their assist your company in developing or enhancing
company's drug-testing programs had had a your current drug and safety policies. Contact
positive impact in virtually every respect. They us today at 209-634-2929 to learn how we can
cited better overall safety of the work assist you in reducing your injury rates and mod
environment, reductions in workers' to impact your bottom line.
compensation costs and improved quality of job
applicants.

The number one reason why officials at the


construction companies surveyed tested
employees and job applicants for drugs was to
promote worker and customer safety. This document is for information purposes only. It is not intended to be
Respondents believed that drug testing exhaustive nor should any discussion or opinions be construed as legal
advice.
contributed positively to a company's image
and was an effective deterrent to workplace
drug abuse. *REPRINTED WITH PERMISSION FROM JONATHAN
GERBER, CORNELL UNIVERSITY. CORNELL'S SCHOOL OF
INDUSTRIAL AND LABOR RELATIONS
The number one reason why some employers
did not test employees and job applicants for
drugs was concern of increased legal liability:
other reasons included high cost and restrictive
state legislation.

The study also revealed that larger construction


companies were significantly more likely to test
workers for drugs and alcohol. That finding
suggests small firms are particularly vulnerable
to substance abuse problems, as drug users
may intentionally seek out employment at
companies where their substance abuse is not
likely to be detected.

While the study's results are interesting and


suggest that further examination of the subject
21
Top 10 Ways to Control Your Mod

Your experience modification factor, or mod, is an important


component used in calculating your workers’ compensation
premium. If you can control your mod, you can control your price
— so we’ve gathered some top tips designed to positively impact
your bottom line.
1. Investigate accidents immediately and thoroughly. Take corrective
action to eliminate hazards. Be aware of fraud.
2. Report all claims to carrier immediately. Alert carrier to any
serious, potentially serious, or suspect claims. Frequently monitor
the status of the claim and communicate with the adjuster to
resolve as quickly as possible.
3. Take an aggressive approach to providing light duty to all injured
employees upon their release from treatment. Supervise light duty
employees to assure their conformance with restrictions
4. In serious cases that involve lost time, communicate with the
claims adjuster so that they recognize your interest in returning
the injured employee back to gainful employment.
5. Set safety performance goals for persons with supervisory
responsibility. Success in achieving safety goals should be used as
one measure during performance appraisals.
6. Develop a written safety program and train employees in their
responsibilities for safety. Incorporate a disciplinary policy into the
program, one that holds employees accountable for breaking the For more information,
rules or rewards them for correctly following safety procedures. contact:
7. Frequently communicate with employees, on a formal and informal GDI Insurance Agency, Inc.
basis, regarding the importance of safety. 209-634-2929
8. Make safety a priority. Senior management must be visible in the
safety effort and must support improvement.
9. Evaluate accident history and near-misses at least monthly. Look
for trends in experience and take corrective action on worst
problems first, as soon as the problems manifest themselves.
10. Hire GDI Insurance Agency, Inc. to ensure success.

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Presented by GDI Insurance Agency, Inc.

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Presented by GDI Insurance Agency, Inc.

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Presented by GDI Insurance Agency, Inc.

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GDI Insurance Agency, Inc.
Comprehensive Safety & Health Inspection Checklist
Prepared by: GDI Insurance Agency, Inc.
Date:
This inspection checklist is designed to help facilitate a walking inspection of your area(s) of
responsibility. Answer each question as it pertains to your area. Negative answers indicate a
potential safety concern and must be addressed and corrected as necessary.

Safety Administration
Employee Postings
Yes No Inspection Point
Is the required OSHA workplace poster displayed in a prominent location?
Are emergency telephone numbers posted where they can be readily found in case of emergency?
Where employees may be exposed to any toxic substances or harmful physical agents, has
appropriate information concerning employee access to medical and exposure records and Material
Safety Data Sheets been posted or otherwise made readily available to employees?
Are signs concerning various hazards, such as room capacities, floor loading, biohazards,
exposures to x-ray, or other harmful substances posted where appropriate?

Recordkeeping
Yes No Inspection Point
Is the company required to maintain an OSHA 300 Log?
Is there a log that tracks all injuries and illnesses, including ―first aid only‖ situations?
Are all recordable injuries or illnesses posted on the OSHA 300 Log within six days of the incident?
Is there an OSHA 301 (or suitable alternative) for every entry on the OSHA 300 Log?
Is the OSHA 300A Annual Summary posted between February 1st and April 30th each year?
Are employee medical records kept confidential?
Are training records for employees maintained and accessible for review when required?
Have arrangements been made to maintain required records for the legal period of time for each
specific type record? (Some records must be maintained for 40 years.)
Are operating permits up-to-date for such items as elevators, air pressure tanks and LPG tanks?
Are operating permits posted in their proper locations?

Safety & Health Program Management


Yes No Inspection Point
Do you have an active safety and health program in operation that deals with general safety and
health program elements as well as the management of hazards specific to your worksite?
Is one person clearly responsible for the overall activities of the safety program?
In your department, does everyone clearly understand their responsibility toward safety?
Do you have a safety committee that meets regularly and reports back on its activities?
Do you have a working procedure in place for handling in-house employee complaints or concerns
regarding safety and health issues?
Are you keeping your employees informed of various safety improvements made within the
company?

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Medical Services and First Aid
Yes No Inspection Point
Is there a hospital or clinic in close proximity to the workplace?
Are there people within your department who are trained in first aid procedures?
Do those employees who are expected to provide first aid as part of their job responsibilities
receive the necessary training and vaccinations as outlined in various OSHA standards?
When employees have an exposure incident involving bloodborne pathogens, do you provide an
immediate post-exposure medical evaluation?
Are medical personnel readily available for advice on matters of occupational health?
Are first aid kits easily accessible to each work area, with necessary supplies available?
Are first aid kits maintained and replenished when necessary?
When employees may be exposed to corrosive materials, such as acids, are means provided for
quick drenching or flushing of the eyes and body?

General Work Environment


General Conditions
Yes No Inspection Point
Are all worksites clean and orderly?
Are machines and work areas swept clean at the end of each shift or workday and are debris,
scrap, and other waste picked up and removed from the work area?
Are work areas adequately illuminated?

Walkways
Yes No Inspection Point
Are aisles and passageways kept clear and passable?
Are aisles and walkways marked as required?
Are working surfaces kept dry and free of wet or otherwise slippery conditions?
Are wet or slippery surfaces, inherent to the production operation, covered with non-slip material
or otherwise made safe?
Are holes in the floor, sidewalk, or other walking area repaired properly, or otherwise covered to
prevent slips, trips or falls?
Is there safe clearance for walking in aisles where motorized equipment is used?
Are materials or equipment stored in such a way that sharp objects will not project into the aisle
and create a hazard?
Are spilled materials cleaned up immediately?
Are changes of direction or elevation in walking or working surfaces readily identifiable?
Are aisles or walkways that pass near moving or operating machinery, welding operations or
similar operations arranged so employees will not be exposed to hazards?
Is adequate headroom provided for the entire length of any aisle or walkway?
Are standard guardrails (42 inches high with a 21-inch mid-rail and 4-inch toeboard) provided
whenever aisles, walkways, or working surfaces are elevated more than 30 inches off the floor or
work area?
Are bridges or crossovers provided over conveyors or similar hazards at strategic locations to
prevent people from crawling over or onto conveyor systems or similar hazards?

Floor or Wall Openings


Yes No Inspection Point
Does a cover, guardrail, or equivalent provide protection on all sides of guard floor openings?
Are toeboards installed around the edges of permanent floor openings?
Are grates or similar type covers over floor openings designed so foot traffic or rolling equipment
will not be affected by the spacing or construction of the grate?
Are unused portions of service pits and pits not actually in use either covered or protected by
guardrails or equivalent?

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