The RISQ RECAP: August 29th – September 2nd, 2022
August 29th – September 2nd, 2022
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
Breaking Down Inflation’s $30B Impact on Insurers Line By Line
“Experts at McKinsey & Company estimate that inflation pushed loss costs for property/casualty insurers up roughly $30 billion last year, with nearly three-quarters of that figure coming through personal lines.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Federal Officials Revise Approach to Arbitration Under No Surprises Act “The final rule’s most significant change is elimination of the ‘rebuttable presumption’ in favor of the QPA, a part of the interim final rule that has been the subject of eight lawsuits from providers and two court decisions thus far…. The final rule … does not dictate which offer the IDR entity should select. It instead focuses on the process that IDR entities should use when choosing between two competing offers.” Full Article – Health Affairs
Inflation Reduction Act Indirectly Impacts Employer-Sponsored Group Health Plans – Thomson Reuters / EBIA
“Expanded eligibility for the premium tax credits could increase penalty exposure for ALEs that do not offer affordable, minimum-value coverage to all full- time employees. The improvement to Medicare Part D drug coverage may affect the analysis of whether employer-sponsored prescription drug coverage is ‘creditable,’ i.e., at least as good as standard Part D prescription drug coverage.” Full Article
Employers May Have to Pay More in 2023 as Affordability Threshold Hits New Low “For plan years beginning in 2023, a plan will meet the ACA affordability requirement under the FPL safe harbor if an employee’s required contribution for self-only coverage does not exceed $103.28 per month.” Full Article – Seyfarth
IRS Ignoring Clear Requirements of IRC Section 4980H When Issuing Employer Mandate Penalties – Violating Employers Due Process Rights “One issue that has been percolating since the IRS began enforcing the employer mandate penalties under Internal Revenue Code section 4980H in late 2017 is whether the IRS even had the authority to do so in light of the fact that very few section 1411 notices were ever provided to employers.” Full Article – Accord
HHS Again Proposes Nondiscrimination Regs Under Section 1557 of the ACA “While gender identity and sexual orientation protections are a primary focus of the proposed regulations, along with protections for disabled individuals and individuals with limited English proficiency (LEP), a number of other issues are addressed, including several for which HHS has requested comments.” Full Article – The Wagner Law Group
Two Recent Cases Provide Important ERISA Reminders “The reminders in one recent case are: [1] the DOL does audit many plans of many sizes, and [2] blatantly ignoring the requirements of ERISA when administering or amending an ERISA plan or the advice of your counsel and other advisors on the hope that you will not be audited is not prudent or smart.” Full Article – Foley & Lardner LLP
STATE & INTERNATIONAL COMPLIANCE
In addition to the RISQ Review, RISQ Consulting also provides a resource that features changes and updates to State and International Compliance measures. We’ve included brief summaries of each item below, and also provided links to the original articles if you’d like to read further.
COLORADO
Colorado Continues to Whittle Away at Non-Compete Agreements
“Effective August 10, 2022, Colorado’s laws governing restrictive covenants shall be amended to provide additional limitations and hurdles for employers who seek non-compete and non-solicit agreements with their employees, including compensation thresholds and notice requirements. The new law also sets forth steep penalties for any violations. This article provides the details of these new restrictions.” Full Article
– McDermott Will & Emery
MASSACHUSETTS
Massachusetts Appeals Court Says Home Inspectors Were Independent Contractors — Not Employees
“On August 11, 2022, Governor Hochul signed the Green CHIPS On July 13, 2022, the Massachusetts Appeals Court issued a decision in Tiger Home Inspection, Inc. v. Dir. of the Dep’t of Unemployment Assistance. The Appeals Court held that home inspectors were classified properly as independent contractors under the state Unemployment Insurance (“UI”) law. In so holding, the Appeals Court reversed both a state agency and a lower court that found the home inspectors at issue were misclassified employees.” Full Article
– Seyfarth Shaw LLP
CONNECTICUT
Connecticut’s Pandemic “Hero Pay” Program Goes into Effect
“Private-sector essential employees who worked in Connecticut during the pandemic may receive up to $1,000 in premium pay (i.e., “hero pay”), through a $30 million fund established under the state budget approved by the General Assembly and Governor Ned Lamont.” Full Article
– Jackson Lewis PC
CALIFORNIA
Cal/OSHA Releases Revised Draft of Workplace Violence Prevention Regulation
“The California Division of Occupational Safety and Health (Cal/OSHA) released a revised workplace violence prevention regulation draft. If Cal/OSHA adopted the regulation, it would become a part of the General Industry Safety Order (GISO) of the California Code of Regulations. Cal/OSHA seeks interested parties to submit written comments on the draft no later than July 18, 2022.” Full Article
– Hall Benefits Law LLC
WASHINGTON
Washington State Adopts Emergency Heat and Wildfire Rules
“This summer is shaping out to be another scorcher and Washington State employers should know about the Department of Labor & Industries (“LNI”) new emergency requirements for heat and smoke protections for outdoor employees effective June 15 through September 29.” Full Article
– Jackson Lewis PC
- Published in Blog
Prioritizing Wellness During The 2022-23 School Year
This article is from RISQ Consulting’s Zywave client portal, a resource available to all RISQ Consulting clients. Please contact your Benefits Consultant or Account Executive for more information or for help setting up your own login.
Many may be excited for school to start after a long summer. However, the new school year can come with new and recurring challenges. The 2022-23 school landscape looks different from previous years during the COVID-19 pandemic. Mask mandates are on the retreat, with many schools ending preventive measures such as quarantines and regular screening tests. Additionally, COVID-19 vaccines and boosters are available to school-aged children.
Although the school year seems to be back to normal, caregivers, parents and children will likely still face uncertainty, stress and other emotions. The return to school and its associated routine can impact everyone differently; therefore, it’s worth taking a proactive approach to approaching wellness during this transition.
This article explores ways to care for yourself and your children during the school year.
Checking In With Children
Although schools, playgrounds and lunchrooms may seem more normal this school year, children may experience stress and uncertainty. Children may even engage in more social situations than in previous years during the pandemic, which can create different environments.
As such, you should monitor your children for signs of anxiety or distress. Be on the lookout for changes in a child’s behavior and mood or physical symptoms, such as:
- Increased defiance or irritability
- Disturbances in sleep
- Loss of appetite
- Lack of concentration
- Less energy
- Sadness or crying
- Nausea, muscle tension or dizziness
- Refusal to go to school or engage in virtual schoolwork
If a child or others in the home shows any of these signs, they may have anxiety about their schooling situation. Children are resilient, but it’s still important to pay attention to signs of anxiety—and seek professional support if any warning signs persist.
Taking Care of Yourself
With school back in session, here are some healthy ways for working parents and caregivers to make the school year more manageable and balance their work and personal responsibilities:
- Set reasonable expectations. Establish realistic expectations about what you think you can accomplish each day or week. Don’t be hard on yourself. Cut yourself some slack and focus on completing high-impact items and responsibilities.
- Develop a schedule. Creating a routine that works around your work schedule and family needs is essential. Additionally, consider consolidating certain activities such as housework, chores or extracurricular activities to one or two specific days to help everyone stay focused.
- Set boundaries. If you feel stretched thin between being a good caregiver and an efficient employee, it may be helpful to set some boundaries. Remember that you’re in control of how you’re expending your energy and can free up mental space to allow yourself to be more present where and when it matters.
- Create healthy habits. Be sure to get plenty of sleep and eat well so you can be fully charged to take on the day. It’s also important to stay active and incorporate movement into your daily routine. It may help to schedule a workout first thing in the morning, during lunch or in the late afternoon so it will fit in around school.
- Make good use of weekends. If school and work both happen on weekdays, be sure to use the weekends to recharge, reduce stress and have fun as a family. If you prefer alone time, make that a priority. Everyone needs a break from responsibilities, whether that’s work or school.
- Ask for help. Lean on your networks for support if you need help getting through the workdays. With many extracurriculars and school programs back, don’t wait to ask others for help if you’re overwhelmed. Be honest and communicative with your family and co-workers if the current situation isn’t working well.
It’s also important to recognize your unhealthy coping methods and find alternatives such as meditating, exercising or talking with a friend.
Conclusion
Although school is back in session and starting to resemble the pre-pandemic days, caregivers and parents may still seem stretched thin balancing caregiving and working. Children may also feel overwhelmed with school and social aspects. You can explore healthy ways to cope with lingering uncertainty and make balancing all your personal and professional responsibilities manageable.
If you’re feeling stressed or experiencing burnout related to kids returning to school, talk to your manager about your situation and to learn more about employer-offered resources.
Additionally, talk to your doctor or a licensed mental health professional if you’re concerned about your or your child’s mental health.
- Published in Blog
Investing in On-site Health Care
This article is from RISQ Consulting’s Zywave client portal, a resource available to all RISQ Consulting clients. Please contact your Benefits Consultant or Account Executive for more information or for help setting up your own login.
Amid the rising cost of health care and current labor challenges, employers are increasingly investing in employee health and well-being as an essential part of their workforce strategy. Many organizations see a strong connection between employee health and well-being and their overall business performance. With this in mind, it should come as no surprise that employers are now investing in on-site health care to reign in medical costs and improve employee wellness.
What Is On-site Health Care?
On-site health care refers to employers bringing medical services directly to their employees by establishing health care centers at or near the workplace. On-site health care can provide a full range of services, including advanced primary care, chronic condition management, physical therapy, wellness coaching and behavioral and mental health support. It can also provide increased efficiency for routine services, such as wellness visits and blood draws, by reducing travel and wait times.
Many organizations, especially smaller ones, are unable to provide full-range on-site health care. These organizations, however, are making on-site health care services available to their employees by providing access to telehealth and offering routine or tailored services within the workplace. This allows even smaller organizations to better and more efficiently focus on employee well-being while addressing their rising health care expenses.
Why Organizations Invest in On-site Health Care
On-site health care attempts to remove employee barriers related to accessing high-quality health care. By eliminating scheduling, transportation and child care challenges, employees are more likely to utilize health care services, helping them to improve their health and organizations to reduce their overall health care expenses. Unlike traditional, one-size-fits-all approaches to health care, on-site health care allows employers to customize services to fit their employees’ needs, thereby providing benefits employees will utilize while also reducing expenses.
Benefits of On-site Health Care
On-site health care can help employers deliver high-quality health care to their employees while minimizing overall medical expenses. For many organizations, it can offer measurable health improvements for their workforce and provide a way to stand out among their competitors.
The benefits of investing in on-site health care may include:
- Convenient access to health care—On-site care tends to remove barriers that may prevent employees from seeking medical care and treatment. For example, employees do not need to take time off from work, travel or wait for open appointments with on-site health care. On-site providers primarily serve the employer and, as a result, see few patients. Employees can often schedule same- or next-day appointments, ensuring they receive prompt care. With fewer patients, providers can spend more time with individuals to better understand their needs. On-site health care centers may also dispense medications and perform lab work, allowing employees to save time by not having to travel to a pharmacy or testing center.
- Talent attraction and retention—On-site health care can give organizations a competitive advantage in attracting and retaining skilled workers. Employees generally rate on-site health care as a top benefit, so employers providing this service may see an increase in employee satisfaction and higher retention rates. Moreover, employers who invest in on-site health care send a strong message to employees and potential employees that they value employee health and well-being and are committed to supporting their workers.
- Improved understanding of employees’ health needs—On-site health care allows employers to be better informed about their employees’ medical needs. With traditional health care, workers generally see a variety of providers scattered throughout multiple facilities, whereas on-site health care providers typically serve a single employer. These providers tend to be embedded in a workplace’s culture, allowing them to better understand an organization’s employees and their unique needs. This understanding lets providers and employers offer more focused solutions. Providers can actively monitor employees, address real-time needs, optimize health care services and personalize employee outreach.
Deciding to Invest in On-site Health Care
Bringing health care services on-site has helped employers reduce their rising health care expenses and limit the time employees spend out of the office to visit the doctor; however, organizations need to weigh the costs and benefits of investing in on-site health care. On-site health care centers are a major investment, and employers may not see a return on this investment for many years.
For most organizations, providing full-range on-site health care is not feasible. However, as a result of flexible and innovative health care offerings, on-site health care is becoming more available to all organizations through outsourced services. For example, some employers are providing on-site health care services in the form of routine or tailored offerings, such wellness visits, preventive screenings, health coaching and lab work. Some employers are partnering with other organizations in shared health care centers to reduce expenses. Additionally, telehealth allows employers of all sizes to expand care options and improve employee health outcomes with convenient access. This allows organizations to focus on employee health and well-being, giving them an edge over their competitors.
Conclusion
Employee wellness is typically the foundation of any successful organization. Many employers are now taking a more active role in supporting the overall health and well-being of their employees. Finding innovative ways to keep employees healthy while reducing medical expenses is critical to an organization’s long-term success. For some employers, providing on-site health care may be one of the best ways to accomplish this feat.
For more health care resources, contact RISQ Consulting today.
- Published in Blog
The RISQ RECAP: August 22nd – August 26th, 2022
August 22nd – August 26th, 2022
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
Man-Made Crises Threaten P/C Markets, Says Joint Report From Trade Associations
“Several insurance industry trade associations used the 30th anniversary of Hurricane Andrew – a storm that upended and transformed insurance and the manner in which communities prepare for natural disasters – to broadcast their conclusion that man-made threats are today the “root causes of most market instability.”” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Have We Reached the New Normal? The CDC’s Revised COVID-19 Rules “As the COVID-19 pandemic continues to evolve, the Centers for Disease Control and Prevention (CDC) has once again issued new guidance on August 11, 2022. What has changed? The CDC has further loosened its COVID-19 guidance and, in particular, its guidance related isolation. The main change is that individuals, regardless of their vaccination status, are no longer recommended to quarantine after being exposed to the virus, as long as they don’t feel sick.” Full Article – Shawe Rosenthal LLP
Implementing Diversity, Equity, and Inclusion Initiatives in Hiring Without Running Afoul of Anti-Discrimination Laws – Venable LLP
“Promoting diversity in the workforce has become a key focus for many employers. Organizations have increasingly recognized the many benefits of employing a workforce with diverse backgrounds, perspectives, and experiences, and, more specifically, employees who belong to a variety of different characteristics protected by federal and state employment laws, including race, gender/sexual orientation, age, religion, and disability, among others.” Full Article
EEOC States Employers Must Show Business Necessity to Test Workers for COVID-19 “The U.S. Equal Employment Commission (“EEOC”) has recently updated its Technical Assistance Questions and Answers, ‘What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (Q&A),’ and taken the position that employers may only screen employees for COVID-19 if it is a business necessity that is justified by ‘current pandemic circumstances and individual workplace circumstances’.” Full Article – Hunton Andrews Kurth LLP
NLRB Awards Bargaining Expenses to Union “In a recent case, the Court of Appeals for the 9th Circuit (Court) enforced an order of the National Labor Relations Board (NLRB or Board) requiring an employer to reimburse the union for the expenses that the union incurred during collective bargaining negotiations. NLRB v. Ampersand Publishing, 9th Cir., No. 21-71060, 8/11/22. The bargaining negotiations expenses included the legal fees the union had paid to outside counsel for consultation during the negotiations.” Full Article – Snell & Wilmer LLP
With So Many Nonexempt Employees Working Remotely, What Should Be Our Key Wage and Hour Compliance Priorities? “A key priority with nonexempt employees working remotely is managing time and tracking hours worked. Employers need to clearly define what constitutes work – including checking email and managing non-work interruptions – and instruct employees when they can and cannot perform work. It’s important to train your supervisors on what to do when they have reason to believe an employee is not working during scheduled hours or working outside scheduled hours.” Full Article – Littler Mendelson PC
Nasty Language May Be Protected Concerted Activity, Court Says “Non-union employers, this goes for you, too! An employee’s use of bad language doesn’t necessarily mean that the employer can take action against him. Even if the language arguably violates the employer’s no-harassment policy. If the bad language concerns terms and conditions of employment, it may be protected by the Section 7 of the National Labor Relations Act. If so, and if there is a “causal relationship” between the protected concerted activity and the action taken against the employee, the employer’s action would be an unfair labor practice.” Full Article – Constangy, Brooks, Smith & Prophete LLP
STATE & INTERNATIONAL COMPLIANCE
In addition to the RISQ Review, RISQ Consulting also provides a resource that features changes and updates to State and International Compliance measures. We’ve included brief summaries of each item below, and also provided links to the original articles if you’d like to read further.
COLORADO
Colorado Continues to Whittle Away at Non-Compete Agreements
“Effective August 10, 2022, Colorado’s laws governing restrictive covenants shall be amended to provide additional limitations and hurdles for employers who seek non-compete and non-solicit agreements with their employees, including compensation thresholds and notice requirements. The new law also sets forth steep penalties for any violations. This article provides the details of these new restrictions.” Full Article
– McDermott Will & Emery
MASSACHUSETTS
Massachusetts Appeals Court Says Home Inspectors Were Independent Contractors — Not Employees
“On August 11, 2022, Governor Hochul signed the Green CHIPS On July 13, 2022, the Massachusetts Appeals Court issued a decision in Tiger Home Inspection, Inc. v. Dir. of the Dep’t of Unemployment Assistance. The Appeals Court held that home inspectors were classified properly as independent contractors under the state Unemployment Insurance (“UI”) law. In so holding, the Appeals Court reversed both a state agency and a lower court that found the home inspectors at issue were misclassified employees.” Full Article
– Seyfarth Shaw LLP
CONNECTICUT
Connecticut’s Pandemic “Hero Pay” Program Goes into Effect
“Private-sector essential employees who worked in Connecticut during the pandemic may receive up to $1,000 in premium pay (i.e., “hero pay”), through a $30 million fund established under the state budget approved by the General Assembly and Governor Ned Lamont.” Full Article
– Jackson Lewis PC
CALIFORNIA
Cal/OSHA Releases Revised Draft of Workplace Violence Prevention Regulation
“The California Division of Occupational Safety and Health (Cal/OSHA) released a revised workplace violence prevention regulation draft. If Cal/OSHA adopted the regulation, it would become a part of the General Industry Safety Order (GISO) of the California Code of Regulations. Cal/OSHA seeks interested parties to submit written comments on the draft no later than July 18, 2022.” Full Article
– Hall Benefits Law LLC
WASHINGTON
Washington State Adopts Emergency Heat and Wildfire Rules
“This summer is shaping out to be another scorcher and Washington State employers should know about the Department of Labor & Industries (“LNI”) new emergency requirements for heat and smoke protections for outdoor employees effective June 15 through September 29.” Full Article
– Jackson Lewis PC
- Published in Blog
Understanding How Habits Work to Influence Safety
This article is from RISQ Consulting’s Zywave client portal, a resource available to all RISQ Consulting clients. Please contact your Benefits Consultant or Account Executive for more information or for help setting up your own login.
As an employer, safety is your responsibility, and it’s important to identify workplace hazards and instill safe employee habits to ensure corrections remain permanent. One way to accomplish this is through behavioral observation, as it can help identify unsafe acts and conditions within a workplace, giving employers insight into potentially dangerous work habits. This article discusses how habits are created, how to change employee habits and ways to identify which behaviors need to change.
Understanding Habits
Habits can be formed in two ways: Through a traumatic psychological experience—such as accidentally touching a hot stove and learning never to do it again—or through repetitive actions the brain turns into automatic function. According to the Society for Personality and Social Psychology, habits make up approximately 40% of human behavior. In terms of workplace safety, it can be difficult to unlearn bad habits employees have formed.
One technique used for creating good habits is known as the “Habit Loop,” in which each behavior within the loop works to form a habit. There are three components that comprise the Habit Loop: A cue, a routine and a reward. For example, getting into a car (the cue), putting on a seatbelt (the routine) and not getting a ticket from the police (the reward) is an example of a Habit Loop. Managers can capitalize on this strategy to help employees form new habits or change old ones.
How to Change Employee Habits
Bad habits can easily become routine if previous outcomes of the action have not been negative. By the time a company notices, the unhealthy behavior may already be ingrained within the worker. To change unsafe habits and mitigate negative outcomes, it’s important to understand which Stage of Change a worker is in.
The Stage of Change theory suggests that a lack of motivation, willpower or confidence may not be to blame when it comes to someone’s inability to change—but rather that someone may not be ready to change or may not recognize that they need to. Understanding a worker’s readiness to change may be the key to determining how to approach moving them along the stages of change. The following are the stages of change and how employers can influence an employee at that stage:
- Pre-contemplation—At this stage, employees are unaware a problem or risk exists. To influence someone at this stage, it’s important to educate and bring awareness to the problem or concern.
- Contemplation—The contemplation stage refers to employees who are starting to consider or thinking about making a change. Continued education and ongoing opportunities for self-evaluation can help employees in this stage.
- Preparation—At this point, employees have decided to make a change in order to move into a new situation. This is an easy phase to get stuck as employees may be unwilling or unable to make the initial step to change. To help employees in this stage, it’s important to evaluate employees on an individual level and determine their intrinsic motivation. Focus on the person, not the company’s wants or needs.
- Action—Here, an employee may start to change their environment, behavior or experience. Managers should provide encouragement, recognition and ongoing positive reinforcement during this stage.
- Maintenance—Now that change has happened and become part of a normal routine, employees may be able to experience the positive outcomes of their actions. It’s important to continue to acknowledge and reinforce the positive change.
How to Identify Which Behaviors to Change
Unsafe behavior must first be identified in order to be corrected. Some ways to determine if behaviors should change include behavioral safety audits and accident investigation reports. After a problem is identified, the employer can work to adjust the behavior causing the safety issue. Once an issue is found and addressed, the employer should follow up to ensure the changes are being followed. By prioritizing follow-up on behavior issues, a workplace can start seeing improvements in practices and possibly a reduction in injuries.
Conclusion
Habits can be hard to break. However, with the proper approach, managers can alter unsafe workplace behavior and create a safer working environment. For more risk management guidance, contact us today.
- Published in Blog
Monitoring Snow Loads to Protect Structure
This article is from RISQ Consulting’s Zywave client portal, a resource available to all RISQ Consulting clients. Please contact your Benefits Consultant or Account Executive for more information or for help setting up your own login.
Major snow events can impact the integrity of a structure, making it imperative for commercial property owners to understand their building’s characteristics and structural system prior to the start of the snow season. Having familiarity with the building structure can help owners determine if any changes occurred during a major snow event and if repairs are necessary. This article discusses key building information owners should be aware of, what to look for during a pre-season inspection and warning signs of a building in duress.
Key Building Information
A commercial property owner’s knowledge of their building could be the difference between getting through a major snow event safely or experiencing structural failure. Property owners should know the following regarding the current condition of the structure:
- Applicable building codes
- Design snow load
- Structural framing system
- Thermal properties
- Renovation history
Pre-season Inspection
A proper commercial building inspection can reveal the actual condition of a property and give owners the opportunity to fix any problems before the snow season begins. To mitigate damage and identify any potential issues, commercial property owners should:
- Perform a detailed inspection. Check for cracks, split seams, buckling, loose parts, staining, mold and rot while inspecting:
- Surface membranes
- Roof vents
- Flashing
- Field tears
- Gutters
- Drainage pipes
- Clean debris. Ensure the roof is clear of debris, including fallen branches, leaves and garbage. Debris can prevent water from draining, allowing snow to buildup and cause water damage or add weight to the structure.
- Look for pooling water. Keep an eye out for areas where water pools, as this could be an indication of a clogged drain or slow-draining line.
- Check the flashing. Inspect the flashing—the thin material used to direct water away from certain areas on the roof—before winter for cracks or crevices that would allow water to enter.
- Inspect the downspouts. Ensure downspouts are properly attached to the gutters, clear of debris and that their termination bars are sealed.
While these can all be inspected regularly by the owner or an employee, utilizing a certified roof inspector who knows what to look for can help ensure the roof is in good condition before any major snow events occur.
Warning Signs of Duress
Roof decks or framing that is under duress from snow loads typically display warning signs. Commercial property owners should watch for the following signs in wood, metal and steel constructed buildings:
- Ceiling tiles or boards that are sagging or falling out of the ceiling grid
- Sprinkler lines and sprinkler heads that are sagging or deflecting below suspended ceilings
- Roof members, such as metal decking or plywood sheathing, that are sagging
- Doors or windows that no longer open or close
- Wood members that are cracked or split
- Walls or masonry that are cracked
- Truss bottom chords or web members that are bowing
- Popping, cracking and creaking noises
If any of these warning signs are observed, the building should be promptly evacuated, and a detailed structural inspection should be conducted by a qualified professional.
Conclusion
Major snow events can cause a lot of damage to a commercial structure, especially if it hasn’t been properly inspected and maintained. Therefore, commercial property owners should ensure that their building is prepared for winter weather by inspecting the structure and making any necessary repairs. For more information, contact us today.
- Published in Blog
The RISQ RECAP: August 15th – August 19th, 2022
August 15th – August 19th, 2022
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
Cal/OSHA Issues Heat Warning to Protect Outdoor Workers
“Cal/OSHA sent out heat warning for employers this week reminding them they are required to protect outdoor workers from heat illness following excessive heat watches being issued throughout California. The temperature is forecast to exceed 105 degrees in northern and inland parts of the state this week including areas around Sacramento, Fresno and the eastern parts of the Bay Area.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Benefit Plan Deadlines Extended Again for States of Emergency “Absent a further continuation or early termination, the National Emergency will end on February 28 2023. Absent a further extension, the Public Health Emergency will expire in mid-October 2022. When these emergencies do finally end, plan sponsors should be prepared to send communications to participants about the end of the extensions and review their plan documents to account for any changes after the end of the period.” Full Article – Graydon
Transparency Laws and Inflation May Strain Relationship Between Providers and Insurers “Insurers and plan providers may find that the valuable data they have been expecting from hospitals is already obsolete. Inaccurate data may lead to providers being unable to set appropriate reimbursement rates or offer accurate hospital rate information for their members. This phenomenon could lead to a strain on the historically close relationship between hospitals and insurers.” Full Article – Hall Benefits Law
Federal Court Approves BCBSA $2.67 Billion Settlement, Acknowledges Importance of ERISA Fiduciary Duties “Employers who made a claim should be aware that they may have fiduciary duties under ERISA with respect to the use of any proceeds from the settlement fund. In its approval order the court stated that all ERISA fiduciaries must comply with those duties…. [T]he court acknowledged that while the settlement funds are not ‘plan assets’ at the time of their distribution, the [DOL] may take the position that some of those settlement funds are ‘plan assets’ after distribution.” Full Article – Miller Johnson
Navigating Mental Health Parity Requirements for Travel Benefits “Many employers are considering implementing travel reimbursement options to assist employees who wish to seek abortions that might be restricted by the law in their home states. In this post, the authors take a deeper dive into the MHPAEA requirements, its limited exceptions, how employers might be able to comply with those rules when making a travel benefit available, and provide a brief overview of how employers might prepare for an MHPAEA audit.” Full Article – Dickinson Wright
White House Addresses Access to Reproductive Health Care, Including Abortion, in Second Post-Dobbs Executive Order “The White House executive order announces a policy of supporting women’s ability to access reproductive health care by traveling to seek abortion care in states where it is legal.” Full Article – Thomson Reuters Practical Law
Employer Violated Title VII by Revoking Health Coverage for Employee’s Same-Sex Spouse “A dependent audit performed by the plan’s administrator flagged the same sex spouse’s coverage. Consistent with the employer’s religious belief the HR executive informed the employee that the spouse’s coverage would be terminated at the end of the month. The employer argued that it was exempt from Title VII based on its status as a religious organization. Rejecting this interpretation, the district court concluded that religious organizations are not exempt from Title VII’s prohibition against discrimination based on characteristics other than religion.” Full Article – Thomson Reuters Practical Law
STATE & INTERNATIONAL COMPLIANCE
In addition to the RISQ Review, RISQ Consulting also provides a resource that features changes and updates to State and International Compliance measures. We’ve included brief summaries of each item below, and also provided links to the original articles if you’d like to read further.
CALIFORNIA
California Proposition to Raise Minimum Wage Delayed
“California voters almost had the opportunity to vote on an $18 minimum wage in November 2022. The State has a unique administrative process by which California citizens can propose laws and constitutional amendments without the support of the state government.” Full Article
– Jackson Lewis
PENNSYLVANIA
Pennsylvania Amends Overtime Rate Calculations for Salaried, Nonexempt Employees
“Pennsylvania employers with salaried, nonexempt employees working in the commonwealth may need to adjust how they calculate overtime premiums for these employees in light of amendments to the Pennsylvania Minimum Wage Act that will go into effect on August 5. The amendments codify that Pennsylvania employers cannot use the fluctuating workweek method of calculating overtime pay for salaried employees.” Full Article
– Morgan Lewis & Bockius
MASSACHUSETTS
Massachusetts Enacts CROWN Act Banning Discrimination Based on Natural or Protective Hairstyles
“On July 26, 2022, Massachusetts Gov. Charlie Baker signed into law the Creating a Respectful and Open World for Natural Hair Act (CROWN Act), prohibiting discrimination against employees, students and other individuals based on their natural or protective hairstyle. By enacting the CROWN Act, Massachusetts joins 17 other states that have enacted similar protections, and similar legislation is being considered at the federal level as well.” Full Article
– Holland and Knight
MICHIGAN
Michigan Employers May Soon Face Increased Minimum Wage, Expanded Sick Leave Requirements
“A Michigan court recently held that the current versions of the state’s minimum wage and paid sick leave statutes are unconstitutional due to legislative foul play, immediately voiding the existing laws. Mothering Justice v. Nessel, No. 21-000095-MM (July 19, 2022). Now, absent a stay pending appeal or further legislative action, the original form of the laws—which had a far broader scope—will take effect, leaving most employers’ current policies noncompliant.” Full Article
– Benesch Friedlander Coplan & Aronoff LLP
MISSISSIPPI
How Employers Can Keep Up as Mississippi’s Equal Pay Law Takes Effect
“House Bill 770, “Mississippi Equal Pay for Equal Work Act,” recently took effect. That means aggrieved employees can now bring gender-based pay claims in Mississippi state courts that can’t be removed to federal court.” Full Article
– Phelps Dunbar
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These Three Trends Could Have Big Implications for Workers’ Compensation
This article is from RISQ Consulting’s Zywave client portal, a resource available to all RISQ Consulting clients. Please contact your Benefits Consultant or Account Executive for more information or for help setting up your own login.
Legislation surrounding the gig economy, single-payer health insurance and marijuana legalization all have the potential to impact the U.S. workers’ compensation system, according to a National Council on Compensation Insurance (NCCI) report.
Digital platforms such as Uber ushered in a modern gig economy and renewed public discourse on worker classification. Proposals in numerous states would provide criteria for determining whether a worker in the gig economy should be classified as an employee or an independent contractor. For instance, California has a three-part test to determine the status of a worker; lawmakers in Rhode Island and Vermont have considered similar tests. Other states, including Alabama, South Dakota and Washington, have focused on workers using digital platforms.
The NCCI noted that proposals making it more likely for a worker to be classified as an employee would generally benefit an injured worker in the event of a workplace accident. “On the other hand, proposals that would make it more likely for a worker to be considered an independent contractor may reduce costs for employers,” the organization said.
No state has fully adopted a single-payer health insurance system, though several are studying the issue, according to the report. Most proposals that reference workers’ compensation would direct the board of new state single-payer programs to “develop a proposal for coverage of healthcare items and services covered under the workers’ compensation system.”
California, Kansas, New York and Rhode Island considered or are considering such proposals this year. Last year, Washington enacted legislation establishing a new commission to study universal health care, and Oregon extended the life of a previously created task force.
And while marijuana remains illegal at the federal level, numerous states took steps this year toward legalizing marijuana for medical or recreational use.
States are divided on whether to allow, require or prohibit medical marijuana reimbursement in workers’ compensation. State policymakers may need to consider adopting a fee schedule or another mechanism to address reimbursement, the NCCI said. The legalization of recreational marijuana “raises concerns about workplace safety, drug-free workplace issues, and drug testing issues, and may also challenge employers and insurers to provide reimbursement,” according to the report.
Federal legalization would mean insurers may no longer need to worry about conflicts between state and federal law.
“Claims could be reported, and appropriate data could be collected, which would assist in understanding the impact of the use of marijuana in treating workers’ compensation claims,” the NCCI noted. However, it would still be up to states to determine how to address workplace safety, reimbursement and other concerns.
For more articles on workers’ compensation topics, contact RISQ Consulting today.
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Peace of Mind
By Elva Perez, Employee Benefits Account Specialist
Peace. It’s a word much easier said than achieved. Inner peace, while completely within our own control, can feel especially hard to reach when there is a plethora of external factors constantly banging on our psyche’s door. In an effort to silence this constant bombardment I looked for a guide to help me truly manifest this word.
I found one.
The peace of mind I have created from these practices in my daily mindset has helped me achieve a level of peace that no one can disturb. Happiness is work, but the reward is a beautiful feeling that I can’t even begin to explain. The hardest practice for me was accepting what can’t be controlled. Once I learned this, life seemed so much simpler.
See if this guide is a good fit for your journey too. Finding Peace of Mind: 6 steps toward ting Serenity.
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