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With the introduction of the Pregnant Workers Fairness Act (PWFA), a monumental shift has been made in U.S. labor laws. Designed to offer stronger protections for pregnant workers, the Act stipulates several crucial employer requirements. Let's delve into these obligations, exploring what they mean for businesses and employees alike. At its core, the PWFA mandates that employers provide "reasonable accommodations" for workers affected by a pregnancy, childbirth, or related medical conditions unless these accommodations cause "undue hardship" to the employer. But what exactly does this mean? A "reasonable accommodation" can include anything from temporary adjustments in work hours or duties, to providing additional breaks, a stool or chair for sitting, or time off to recover from childbirth. In essence, any alteration that allows a pregnant worker to perform her job safely and comfortably could fall under this umbrella. The PWFA introduces an 'interactive process' requirement. The employer and employee must engage in a good-faith dialogue to find suitable accommodations that meet the worker's needs. This process aims to ensure accommodations are individualized and effective rather than one-size-fits-all. The concept of "undue hardship" is defined as an action requiring significant difficulty or expense. Factors such as the cost of the accommodation, the employer’s size, financial resources, and the nature of the employer's operations are all considered in determining whether an accommodation would impose an undue hardship. The PWFA prohibits employers from discriminating against pregnant workers by denying job opportunities, failing to reinstate the employee to her original position or an equivalent one when the need for accommodations ceases, or forcing employees to accept unnecessary accommodations. It also explicitly forbids employers from retaliating against employees for requesting accommodations. Importantly, the PWFA stipulates that employers cannot force a pregnant worker to take paid or unpaid leave if another reasonable accommodation can be provided. This sets the PWFA apart from many prior laws and is essential for working women who can’t afford to take extended unpaid leave or want to continue working. Employers also need to be aware that the law protects all employees and job applicants, regardless of whether they work part-time or full-time. This is a significant advance over previous laws that often did not extend protections to part-time workers. Furthermore, the PWFA demands that employers inform all employees, including job applicants, of their rights under the Act. They should post notifications detailing PWFA rights in conspicuous places at the worksite and include such information in employee handbooks or other distribution channels used to circulate personnel policies. Summary In summary, the PWFA's requirements represent a significant paradigm shift in how employers accommodate pregnant workers. While this might seem challenging at first, it's important to remember that these regulations are in place to foster a more inclusive and equitable work environment. Employers should view compliance not as a burden but as an opportunity to demonstrate their commitment to the welfare of their employees, thus nurturing a more diverse, compassionate, and productive workplace. By implementing and adhering to the PWFA, businesses can play a critical role in driving societal progress and breaking down barriers for pregnant workers today and future generations. Work Comp Associates can help your company. Contact us to make your policy easy to manage and help you save money.

Balancing school, work, and personal life can be challenging for teenagers. While working during the school year can teach responsibility and provide valuable experience, it’s essential to ensure that teen workers remain safe and focused on their education. To protect teens, there are strict laws and guidelines that regulate the number of hours they can work, the types of jobs they can perform, and the conditions under which they work. Understanding these rules is crucial for employers, parents, and the teens themselves to maintain a healthy balance between school and employment.   Federal and State Labor Laws In the U.S., the Fair Labor Standards Act (FLSA)  governs the employment of minors. Additionally, many states have their own laws, which can impose even stricter limits on teen employment. If federal and state laws differ, the stricter law applies. Here’s a breakdown of work limitations based on age: Teens under 14 : In most cases, children under 14 are not allowed to work, except for jobs like babysitting, delivering newspapers, or working in a family-owned business. Teens aged 14-15 : During the school year, teens in this age group have limited hours they can work. They may work: No more than 3 hours on a school day No more than 18 hours during a school week Between 7 a.m. and 7 p.m. (extended to 9 p.m. from June 1 to Labor Day) Teens aged 16-17 : Although they have fewer restrictions than younger teens, those aged 16-17 still cannot work in hazardous environments. They can work unlimited hours, but local school attendance laws may influence their work schedules. Employers need to be aware of the rules set by both federal and state laws and ensure they comply to avoid penalties and fines.   Safety on the Job In addition to work-hour restrictions, safety in the workplace is a top concern. Teens are often new to the workforce and may not have the experience needed to identify potential hazards. Here are some guidelines for maintaining a safe work environment for teen employees: Job Restrictions : Certain hazardous jobs are off-limits to teens, such as operating heavy machinery, working with power-driven tools, or handling hazardous chemicals. Employers must be aware of these restrictions and assign tasks that are age-appropriate. Proper Training : Employers should provide thorough training on workplace safety, job duties, and emergency procedures. This training should be reinforced with clear instructions and supervision. Adequate Supervision : Teens must have adult supervision while on the job, especially when they are new to the role. Supervisors should ensure that teens are following safety protocols and not overexerting themselves. Breaks and Rest Periods : Teens are more susceptible to fatigue, which can increase the risk of accidents. Employers should ensure that teen workers receive proper breaks and do not overwork during their shifts. The Importance of Education Education should always take priority for teens working during the school year. Research shows that working more than 20 hours per week can negatively impact a teen’s academic performance. Balancing work and school is crucial for their long-term success. Employers, parents, and teens should collaborate to ensure that work schedules are manageable and do not interfere with academic responsibilities. Here are some tips for maintaining balance: Flexible Scheduling : Employers should offer flexible hours to accommodate school activities and homework. Communication : Parents should regularly check in with their teens to ensure they are not feeling overwhelmed by the demands of work and school. Focus on Goals : Teens should remember that work is a stepping stone, but their education is key to future career opportunities. Encouraging them to stay focused on school can prevent them from taking on too many hours at work. Conclusion While part-time work can be a valuable experience for teens, it’s essential to strike a balance between work, school, and personal well-being. By adhering to labor laws, ensuring a safe work environment, and prioritizing education, teens can gain valuable skills while staying healthy and safe. Employers and parents play an essential role in supporting teen workers during the school year, ensuring that their work experience is positive and contributes to their growth rather than overwhelming them.

September 19, 2024 What to know – and do – to be prepared. Workplace emergencies can occur anywhere, at any time.   “Whether you’re a small-business owner or a large-business owner, it’s important to start thinking about the plans that you have in place to prepare for both natural and man-made disasters as soon as possible,” said Jaclyn Rothenberg, director of public affairs and planning for the Federal Emergency Management Agency.   Here’s what you need to know to build an effective workplace emergency readiness plan.   Know the risks “Your safety plan could be the difference between chaos and control,” OSHA says. A risk assessment is a crucial first step.   “You need to know what threats you’re planning for, the likelihood of them and their potential impact,” said Amy Seymour, chief port security and emergency operations officer at Port Houston. “Whether it’s a hurricane, flood, tornado or winter weather, knowing what your organization is up against is key before you create your emergency plan.”   Ready.gov offers risk assessment resources for numerous potential events and hazards, including flooding, earthquakes, hurricanes, landslides and even volcanic activity.   As you begin to envision the potential hazards, think about building-related factors such as construction, processes and possible deficiencies. For example, does your building have a sprinkler system? If not, it’ll be more susceptible to fire damage.   “Each hazard could have many possible scenarios happening within or because of it,” the website states.   Seymour recommends including a diverse group of departments when forming and conducting the risk assessment to boost its thoroughness.   Rick Vulpitta is environmental, health and safety manager at Trialco Aluminum LLC and co-author of the National Safety Council’s “On-Site Emergency Response Planning Guide.” He encourages employers to develop charts related to each possible emergency.   “You want to plan for emergencies before they happen,” Vulpitta said. “Do your research. Contact your fire department and local county government emergency response agency and get a history of the disasters and emergencies during the last 50 years.   “They can assist, too, in learning what happened in the past to help you plan for today and tomorrow. Rate the type, frequency, length and impact it would have on your business’s operation, and then you can start planning how to mitigate each disaster and emergency. You’ll find weather emergencies, electric power, water, food and transportation disruptions will need to be addressed and considered because they’ll cause issues lasting several days to a couple of weeks to return to normal operations.”   Create procedures OSHA’s standard on emergency action plans (1910.38) requires employers to designate and train workers to assist in safe evacuations. Employers also must review the emergency action plan with all workers covered by it.   Organizations with more than 10 employees must develop a written plan, while those with fewer workers can communicate it orally.     Start with simple and clear procedures so that “everybody understands what they need to do,” Seymour said. “Make sure everyone understands their role and responsibilities, and make sure it’s easy to follow. And as an organization grows or as the program itself develops, you can introduce more complexity to it.”   Ready.gov directs employers to form a team to “direct the evacuation of the building and account for all employees outside at a safe location.”   Teams should include a leader, wardens and searchers for each floor, stairwell and elevator monitors, aides for workers with disabilities, and monitors for the assembly area. Additional team members are required for organizations with multiple shifts.   Rothenberg notes that some severe-weather emergencies – such as tornadoes – require workers to shelter in place. Ensure an emergency kit with a flashlight, water and other essential supplies is available. Also, designate a person to monitor news reports for any updates to emergency instructions.   Whether the scenario requires workers to evacuate or move to a designated onsite shelter, employees need regular retraining, Vulpitta stressed. Workers should understand their role in an emergency and how to exit the building in multiple different ways.   They should also know to stay in the designated assembly area so they can be accounted for. Vulpitta said the fire department, before fighting a fire, will conduct a search and rescue if anyone is missing during a roll call. If a worker has evacuated the building but wandered from the assembly site, this could mean additional damage to the facility.   If visitors or contractors are onsite, assist them in evacuating to the assembly area, NSC’s planning guide states.   Communication and training OSHA 1910.38(d) requires employers to maintain an employee alarm system that uses a “distinctive signal” for each emergency.   Experts recommend supplementing alarm systems with additional backup communication, whether through public-address announcements, phone trees, or email or text alerts.   “Communication is critical in any type of emergency,” Seymour said. “Having a person who is in charge of that communication is the most important thing that you can do.   “It’s important to have different approaches so that you can reach more people. If you have a large facility, you’re going to want to have a multifaceted alert system that will help you get that messaging out.”   Experts stress that the communication process must be ongoing throughout the emergency.   “To many people, the fortune is in the follow-up,” Seymour said. “Making sure that you’re communicating the before, the during and the after of the event. Sometimes, people just want to know everything is fine. If there’s something that’s not fine, then you’ll want to make sure that you’re communicating to people the timeline for the recovery and an estimation of when normal operation is estimated to resume.”   Seymour adds that “your communication is only as good as your training.” She recommends employers conduct emergency response training at least annually or as people change key roles or responsibilities. Seymour also supports regular refresher training, including short video clips that allow workers to sharpen their awareness yet keep their attention.   Drills will help keep employees sharp as well, Vulpitta said, as they allow workers an opportunity for repetition and familiarization.   Vulpitta recommends asking the fire department to observe drills and offer input. He also encourages employers to simulate different situations. Hold an evacuation drill without the use of the alarm. This will help develop a stronger plan and give workers the confidence to continue to exit if an alarm goes down.   “The better you can prepare employees, the better they’ll respond in an actual event,” Vulpitta said.

September 18, 2024 Orlando, FL — Although OSHA remains largely a regulatory and enforcement agency, it’s recently started prioritizing safety culture.   Why?   “It’s where the rubber meets the road on how organizations live in the real world,” Andrew Levinson, director of OSHA’s Directorate of Standards and Guidance, said Monday during a presentation at the 2024 NSC Safety Congress & Expo. “We recognize that we can’t get what we need out of safety and health programs without talking about safety culture.”   OSHA is again focusing on safety as a core value. (It was also the theme of agency leader Doug Parker’s keynote presentation on Tuesday.)   Agency efforts aimed at reinforcing the idea include the launch of the Come Home Safe video series, which looks at workplace fatalities and the people affected by them.   “When we talk about safety,” Levinson said, “it’s not usually what’s going on in the workplace that motivates people. It’s, ‘I want to get home to my wife, to my kids, to my husband, to my parents or to my loved ones.’ There are some really gut-wrenching stories. The statistics matter, but they’re not the story.”   In addition, OSHA is developing a leadership toolkit on safety culture and starting “Safety in 5” – essentially a series of toolbox talks.     “There are a lot of industries that don’t use that term (toolbox talks),” Levinson said. “We’re hoping to build out a library of hundreds of these.”   During the session, Levinson also provided a few regulatory updates. It’s a “safe bet,” he said, that OSHA will extend its comment period deadline (Dec. 30) for its proposed rule on heat illness prevention.   He added that the agency’s proposed rules on infectious diseases, tree care, and workplace violence in health care and social settings might appear in four to six months, at the earliest.

September17, 2024 Orlando, FL — For the 14th consecutive fiscal year, Fall Protection – General Requirements is OSHA’s most frequently cited standard, the agency and Safety+Health announced during the 2024 NSC Safety Congress & Expo.   Scott Ketcham, director of OSHA’s Directorate of Enforcement Programs, presented the preliminary list – which represents OSHA Information System data from Oct. 1, 2023, to Sept. 5 – and S+H Associate Editor Kevin Druley moderated the session from the Learning Lab on the Expo Floor.   “OSHA takes falls very seriously,” Ketcham said during the presentation. “We’re trying to curb this hazard and make inroads to help people understand the standard and requirements.   “Too many lives are lost each year from workers who fall to their death.”   The standards that comprise the Top 10 remained unchanged from FY 2023. However, movement occurred within the ranking. Respiratory Protection, which ranked seventh in FY 2023, climbed three spots to No. 4. Scaffolding, meanwhile, fell four spots to No. 8.   “What’s more precious than our lungs?” Ketcham asked the audience.   The full list: Fall Protection – General Requirements (1926.501): 6,307 violations Hazard Communication (1910.1200): 2,888 Ladders (1926.1053): 2,573 Respiratory Protection (1910.134): 2,470 Lockout/Tagout (1910.147): 2,443 Powered Industrial Trucks (1910.178): 2,248 Fall Protection – Training Requirements (1926.503): 2,050 Scaffolding (1926.451): 1,873 Personal Protective and Lifesaving Equipment – Eye and Face Protection (1926.102): 1,814 Machine Guarding (1910.212): 1,541   “While incredible advancements are made in safety each year, we continue to see many of the same types of violations appear on OSHA’s Top 10 list,” said Lorraine M. Martin, president and CEO of the National Safety Council. “As a safety community, it’s critical we come together to acknowledge these persistent trends and identify solutions to better protect our workforces.”     Immediately after Ketcham’s presentation, Mark Chung, executive vice president of safety leadership and advocacy at NSC, and Ken Kolosh, the council’s statistics manager, presented “The Injuries Behind the Fines.”   Kolosh emphasized that the Bureau of Labor Statistics data be presented   isn’t a one-to-one relationship, that it’s provided for illustrative purposes – not benchmarking. He went on to say that the “injuries and fatality events are provided as examples that may be associated with the violation.”   Using the Top 10 list, Chung said the BLS data shows that falls accounted for 865 workplace fatalities in 2022. Of those, 700 were the result of a fall to a lower level.   Other reported causes of death in 2022, per BLS: Transportation incidents: 2,066 Workplace violence: 865 Overdose: 525 Exposure to electricity: 145 Forklift, order picker, platform truck – Powered: 73 Caught in running equipment or machinery during maintenance or cleaning: 54 Caught in running equipment: 35   “There have been increasing numbers of overdoses,” Chung said. “We need to keep an eye on this and deploy proper countermeasures.”

September 13, 2024 New long-term injury data collected across multiple companies revealed significantly reduced muscle fatigue and strain complaints when exosuits were worn according to manufacturer HeroWear.   Exosuits are a type of exoskeleton — wearable devices that augment, enable, assist, and/or enhance physical activity — made primarily from soft, flexible materials.   After deploying its Apex 2 exosuits at multiple distribution centers in the United States, worker injury data from over 280,000 hours of work were collected and analyzed. The dataset is equivalent to 140 full-time employees working for one year while regularly wearing exosuits, encompassing an estimated 50-60 million lifts by workers.   The study found that zero back injuries were reported among workers wearing exosuits.   Additionally, exosuit users reported a 25 percent decrease in work-related bodily discomfort and a 20 percent reduction in work-related fatigue on average.   Before the exosuit rollout, the distribution centers estimated 10.5 back injuries throughout this period based on historical injury rates.   “These are exciting results for companies looking to reduce injury risk for their workers. Our clients are committed to both protecting their people and saving healthcare costs,” said HeroWear Chief Executive Officer Mark Harris. “We are encouraged to see our users are not just safer at work, but their quality of life is improving. Users report they are less sore at work and less tired at the end of the day, with many describing that they are using this additional energy to spend more time doing things they love.”   Previously, there was little long-term injury data regarding industrial exoskeleton or exosuit use even though use of the device is rapidly emerging across industries to reduce back strain.   Academic and industry studies have validated the effectiveness of HeroWear’s exosuits, which typically take 20-40 percent of the load off the user’s back muscles as they perform repetitive bending and lifting motions.     “People have been asking for longitudinal data on exosuits for years, so we were excited to gather and share this injury data reported by clients,” said Dr. Karl Zelik, HeroWear co-founder and chief scientific officer.   “These and other clients seeing success are expanding and rolling out exosuits with more workers and at additional sites. We are very data-centric and plan to keep collecting data for millions of hours. We will keep learning, sharing, and focusing on how exosuits impact injury rates over time, across different sites, and industries.   So far, results have been outstanding, and we’re thrilled this technology can help people do their jobs safely and without sacrificing their bodies.”