Page 50 - MetalForming July 2014

You and The Law
By Douglas B.M. Ehlke
Development of Injury and Illness Prevention Programs—Part 1
Employers can find and fix workplace hazards prior to any employee being hurt by adopting an Injury and Ill- ness prevention program (I2P2). Such programs seek to reduce the rate of injuries, illnesses and fatalities in the workplace. California, Washington and now Federal OSHA promote the use of I2P2 programs.
These six core elements appear in any effective I2P2 program: • Management leadership
• Worker participation
• Hazard identification and assessment
• Hazard prevention and control
• Education and training
• Program evaluation and improvement
When an employee becomes injured or ill, the employer
often must pay the direct costs of that worker’s injury or ill- ness, which can be significant. A worker’s lost wages and med- ical expenses, usually paid through worker’s compensation insurance, can drive up an employer’s insurance premium. In 1998, the costs for U.S. employers for most disabling workplace injuries approached $37.1 billion. That number soared to $53.4 billion in 2008. According to the National Association of Social Insurance (NASI), in 2009 worker’s compensation benefits for all compensable injuries and ill- nesses rose to $53 billion.
In addition to direct costs associated with an employee’s injury or illness, employers also face several indirect costs, such as:
• Wages paid for absences that worker’s compensation did not cover;
• Work stoppages (stopping work to assist an injured/ill employee);
• Training of replacement employees;
• Administrative work (filing of claims and reports, inves- tigations, assisting families of the injured party);
• Lost productivity due to new employees’ inexperience and/or accommodation for injured employees; and
• Damage to material, machinery or property during the incident.
Doug Ehlke, a national board-certified civil trial lawyer, has for more than 30 years represented met- alforming companies in OSHA litigation and in labor- union elections. His law practice emphasizes labor law, personal injury, product liability, probate, estate planning and environmental and employment discrimination law.
Ehlke Law Offices
28840 11th Avenue South, Federal Way, WA 98003-3705 tel. 253/839-5555
fax. 253/874-5475
dehlke@ehlkelawoffices.com
How can an I2P2 program help? Research shows that effective implementation of an I2P2 program can:
• Revolutionize the workplace safety and health culture; • Reduce injuries, illnesses and deaths;
• Lower workers’ compensation and other costs;
• Improve company morale and communication between
management and workers;
Stay informed of the latest occurrences within a• Enhance the company’s image; and
• Improve company processes, and the products and services provide to customers.
I2P2 programs have been shown to reduce workplace injuries by 15 to 35 percent. Just a 15-percent reduction level
would save $9 billion annually in workers’ compensation costs.
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Next month we’ll discuss the voluntary I2P2 proce- dures OSHA is pushing for in-settlement agreements to enforce these procedures as mandatory (since I2P2 pro- grams are not currently required). We also will discuss documentation hurdles and implementation costs asso- ciated with I2P2 programs. MF
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