Tuesday, March 27, 2012

March 26, 2012


The U.S. manufacturing recovery continues on track and should outperform overall GDP growth through 2013, according to analysis of 27 industries ...   continue

RESPONDING TO A WORKERS' COMPENSATION PENALTY
Industrial Accidents Division—Utah Labor Commission

In difficult economic times, an employer may decide to cut costs by cancelling their workers' compensation (WC) Coverage. As a small employer, you may not realize you are required to have workers’ compensation insurance. However, having WC coverage is always a good idea. Not only is it the law, workers compensation coverage provides the exclusive remedy for work-related injuries.

This means that except under very limited circumstances, workers' compensation insurance protects you as the employer from being sued for remedies other than what is provided under the Workers Compensation Act. While Utah has one of the smallest groups of compliance officers in the U.S. who investigate cases to determine if employers have the required Workers’ Compensation insurance, is also one of the best. Last year alone over 23,000 employers were flagged in our monitoring system as not having workers’ compensation coverage, with an estimated 4,700,000 employees at risk. Some of these were resolved by a simple “clean up” of
the employer data, but a large number still needs further investigation.

The Division places a strong focus on educating employers about the process which officers use to determine whether an employer is in compliance with the law. Initially, a notice of non-compliance is sent to them advising the employer that we cannot locate evidence of workers’ compensation coverage for their business. Typically this problem is quickly resolved by providing the Division with the proper employer’s workers’ compensation policy coverage information or other verification that the company has no employees.

At times, we find employers actively operating a business without the required WC coverage for their employees. In those instances, penalties are assessed. The minimum penalty is $1,000; penalties are deposited into the Uninsured Employers Fund. This fund assists with payments to employees who are injured on the job, and whose employer is uninsured and either insolvent or bankrupt.

If you have received a non-compliance notice, the outcome regarding the penalties will vary greatly depending on various factors. Protocols are in place which includes the possibility of waiving or reducing fines based on your payroll information. Some of these factors include but are not limited to:
1. If required, do you now have workers' compensation coverage in place?
2. Is this your 1st non-compliance offense?
3. What is the length of time without workers compensation coverage?
4. How many employees were employed at the time you were without coverage?

The Division will consider other lapses in coverage and well as previous violations (penalties) in its determination. The Division strives to maintain timely communications with employers regarding their penalties, potential penalty reductions, and allowing payment schedules, often resulting in many employers resolving their penalties prior to going to collections.

The Division works with the Office of State Debt Collections (OSDC) for accounts that needed to be sent to Collections. In 2011, the Division collected $1,150,000 in-house and $995,000 through OSDC efforts.

Often non-compliance notices are a result of incomplete information about your company in our system, so ensuring that the Department of Workforce Services (DWS), your insurance carrier and the Division receive prompt notification of any important changes regarding your company’s coverage status, number of employees, changes of address and more, will prevent these problems from occurring.

Employers and employees can find answers to frequently asked questions about workers' compensation by visiting our Division page at: www.laborcommission.utah.gov.


UOSH LEAN SIX SIGMA PROJECT – A YEAR OF POSITIVE CHANGE
UOSH Lean Six Sigma Team

Utah OSHA (UOSH) has jurisdiction over 1.3 million workers in the private and public sector and an estimated 80,000 workplaces in Utah. Last year, over 30,000 workers were seriously injured and 10 workers were fatally injured. UOSH is comprised of only 32 full time employees so one of the challenges faced by the Division is optimization of the current compliance case management process, as well as reducing the time officers currently spend in non-value related activities.

In February 2012, UOSH implemented a new evaluation process designed to improve the quality and efficiency of inspections and case management protocols by using Lean Six Sigma (L6S) program methodology. To undertake this complex task, an seven member project team was created comprised of five UOSH employees and two representatives from private industry (Christina Ross, Western Human Resource Manager for Morton Salt and John Hymel, Safety Director for Jacobsen Construction Company, Inc.) who provided valuable contributions to the
analysis of the existing process and feedback regarding process improvement.

The first phase of the project was to map out the existing compliance process in detail, develop a description of boundaries for the inspection process, identify waste and their root causes, develop solutions, and provide communication and feedback to the Steering committee for review and approval. The team quickly identified three major bottlenecks which caused the majority of delays: 1) the report review process, 2) multiple and redundant forms, and 3) lengthy inspection reports with unnecessary details.

Next, the project team began working on recommendations for improvement. This included major revisions to the Division’s Standard Operating Procedures manuals, a complete revamping of the review process for compliance reports, and a new streamlined method of information gathering and case file management.

In August 2011, the team conducted a successful field test of the new process, which was then expanded to include all compliance officers and continued through February 2012. At the end of the field test period, the challenges were evaluated and compared to the significant benefits acquired with the new process.

During the L6S field trial period, the following measurable benefits were identified:
1. Considerable improvement in time lines for case completion: 52% of cases were completed in 20 days or less, and only 21% took over 40 days to complete. This essentially cut the time to process cases in half.
2. All of the Standard Operating Procedures manuals and review processes were completely re-written.

So what is the positive impact of this new more efficient process for the workers and employers in the State of Utah? The Division is able to conduct more inspections, as well as better understand where UOSH can have the most impact on worker safety. We seek to increase support services to employers and workers, and this new process will allow staff to spend more time providing compliance assistance to employers, conducting more safety interventions with workers exposed to hazardous situations and working more efficiently on preventing serious injuries and fatalities.

The complete involvement, commitment and participation of the UOSH staff, and the continued support and contributions of Steering Team members Chris Bardin, Director of Safety and Health for The Layton Companies; D. Paul Riley, Global Safety Manager for the Risk Management Division of The Church of Jesus Christ of Latter-Day Saints; Thomas E. Bingham, President of the Utah Manufacturers Association, and Labor Commission Division Directors and Management has been fundamental to the success of this project.

What is the future of L6S in UOSH? The future implementation of an integrated enterprise-wide management system for all functions in the UOSH Division. And this is just the beginning.



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