How Technology Can Boost Workplace 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.
More than 14 people per day died while doing their jobs in 2016, highlighting the need for safety and procedural enhancements in the workplace. Employers are starting to embrace new technology in an effort to improve worker safety, including the following:
- Exoskeletons—Workers can wear exoskeletons to transfer weight from repetitive tasks and use less energy when moving objects. The result is a reduced risk of injuries as well as increased strength, dexterity and productivity.
- Virtual reality—This technology replicates physical environments and presents training opportunities for employees. It also allows workers to simulate hazardous tasks and identify safety needs. More benefits are expected as technology matures.
- Wearables—Wearable devices offer real-time monitoring of workers’ vital signs and can alert workers to the presence of environmental dangers. They can also cut health care costs by reducing health risks such as respiratory problems, cancer, dermatitis and hearing damage. An added bonus to employers is that wearables can provide an idea of what may have caused an employee’s injury before filing a workers’ compensation claim.
- Hand-held mobile devices—Although the use of mobile devices can be a distraction and safety liability, there are useful apps that detect safety hazards, log safety incidents, track OSHA requirements and even determine when the heat index is too high on job sites. The key to improving worker safety with hand-held mobile devices is using them responsibly.
- Drones—Sending drones into high-hazard areas instead of humans helps safely assess damage and plan emergency response.
INCORPORATING DATA SCIENCE
Aside from new devices, data science has enabled companies to analyze photos from job sites and then scan them for safety hazards, using an algorithm that correlates those images with their accident records.
Although the technology still needs some fine-tuning, companies can use such algorithms to rate project risks. As a result, the technology could prove extremely helpful in detecting elevated threats and then intervening with safety briefings.
TIME TO GET ON THE CLOUD
By using the cloud, companies have been able to completely overhaul the way they interact with each other and with their workers. The cloud consists of multiple networks of servers that allow apps to be accessed anywhere through the internet instead of confined to a particular computer or network.
Businesses that have projects and crews in multiple locations especially appreciate the benefits of the cloud, since it is efficient and allows for the seamless transfer of information and monitoring of workers’ safety.
SUCCESSFULLY DEPLOYING NEW TECHNOLOGY
New technology can be a waste of money if it is not deployed properly. It’s easy to get caught up in the “wow factor” of technology and lose sight of what the intended improvements are. Without a plan in place for deployment, this technological investment may be wasted.
Before seeking out new technology, consider ways to improve workplace processes. After improving these processes, it is easier to identify gaps that new technology can address. No amount of technology will help if it is processes that need to be fixed.
- Published in Blog
Endpoint Detection and Response Explained
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.
Endpoint detection and response (EDR) is a cybersecurity solution that continuously monitors security-related threat information and endpoint data to detect and respond to ransomware and other kinds of malware. It provides visibility into security incidents occurring on endpoints—such as mobile devices, desktop computers, laptops, embedded devices and servers—to prevent damage and future attacks. This article discusses the importance of EDR solutions, how they work and the types of threats they can detect.
The Importance of EDR Solutions
According to the Identity Theft Resource Center, nearly 294 million people were impacted by 1,682 data breaches at U.S. corporations in 2021. As cyber threats grow more sophisticated and frequent, and remote work more common, these advanced attacks have become more difficult to identify in real time. Therefore, it’s important for organizations to prioritize cybersecurity measures that can deflect, analyze and respond to the constant barrage of cyberattacks. EDR solutions can provide a number of features that improve an organization’s cybersecurity risk management, including:
- Improved visibility—EDR solutions continuously collect data and analytics before compiling them into a single, centralized system. These insights can give security teams full visibility into the state of a network’s endpoints from a single console.
- Rapid investigations—Since EDR solutions automate data collection and processing, security teams can gain rapid context regarding incidents and take steps to quickly remediate them.
- Remediation automation—Security teams can allow EDR solutions to automatically perform certain incident response activities based on predefined rules, enabling them to block or rapidly remediate incidents.
- Contextualized threat hunting—The continuous data collection and analysis provided by EDR solutions can allow threat hunters to identify and investigate potential signs of an existing issue.
How Do EDR Solutions Work?
EDR solutions offer advanced threat detection, investigation and response capabilities—including incident data search and investigation triage, suspicious activity validation, threat hunting, and malicious activity detection and containment—by constantly analyzing events from endpoints to identify suspicious activity. These tools provide continuous and comprehensive visibility into what is happening in real time by recording activities and events taking place on endpoints and all workloads. By generating alerts, security teams can uncover, investigate and remediate issues. The primary functions of an EDR security system include:
- Monitoring endpoints and collecting activity data
- Analyzing data to identify threat patterns
- Using behavioral analysis to detect anomalies
- Removing or containing identified threats
- Notifying security personnel
- Researching identified threats and searching for suspicious activities
Overall, EDR solutions can be used to shorten response times for incident response teams and eliminate threats before damage is done.
What Types of Threats Do EDR Solutions Detect?
EDR is an integral part of an organization’s complete information security posture. It can detect the following threats to a network:
- Malware, including spyware, ransomware, viruses and bots
- Misuse of legitimate applications
- Stolen user credentials
- Suspicious user activity and behavior
- Fileless attacks during which malicious software is not installed and therefore more likely to be missed by anti-virus tools
Conclusion
EDR solutions are helpful in protecting both the enterprise and the user while also adding value to a company’s integrated approach to cybersecurity.Furthermore, they are frequently required by insurance underwriters in order to obtain cyber insurance. For more risk management guidance, contact us today.
- Published in Blog
The RISQ RECAP:
June 19th – June 23rd, 2023
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
Young Plaintiffs’ Attorney Closes Montana Climate Change Trial with Call for Action “An attorney for 16 young plaintiffs urged a judge Tuesday to strike down as unconstitutional a Montana law that prohibits state agencies from considering the environmental effects when it weighs permits allowing the release of greenhouse gases. Attorney Nate Bellinger made the plea in his closing argument at the end of a seven-day trial. Plaintiffs say state officials violated their right to a clean and healthful environment, part of the Montana Constitution, by allowing companies to build power plants and expand coal mines, among other things.” Full Article – Insurance Journal
McKinsey Creates New Ethics Role After $641 Million Opioid Fallout “McKinsey & Co. is beefing up its ethics department after a series of high-profile controversies, including helping Purdue Pharma LP “turbocharge” opioid sales. The management consulting giant is hiring for a newly created position with its global “ethics allegations management team.” The “specialist” will be responsible for “intake and triage of matters” that could present a risk to the firm. McKinsey is also looking to replace its ethics director, a position that helps “ensure we uphold a distinctive culture of integrity and ethical behavior across our firm,” according to the job description, with a salary that ranges from $235,000 to $314,000.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
The Undiscovered Country, Sort Of: Washington Employers Must Begin Collecting CARES Employee Premiums Starting July 1 “The new statute establishes a mandatory state-run insurance fund to help Washington residents pay for certain long-term care services, such as assisted living facilities, after retirement.” Full Article – Fisher & Phillips LLP
North Carolina Court Certifies Nationwide Class in Healthcare Fee Challenge “With the increased scrutiny on healthcare plan practices and the uptick in ERISA healthcare litigation in recent years, plan participants and fiduciaries are increasingly challenging fees and costs associated with their healthcare plans. [This] decision is a good example of this trend.” Full Article – Kantor & Kantor LLP
Circuit Considers Whether ERISA Preempts State PBM Regulation “The 10th Circuit’s coming decision in Mulready could signal whether federal courts will continue to rethink the boundaries of ERISA preemption. At oral arguments held on May 16, 2023, the 10th Circuit panel appeared skeptical of Oklahoma’s comparison of this case to Rutledge, given the significantly farther reach of the Oklahoma law into plan design and administration.” Full Article – Slevin & Hart, P.C.
Schlichter Exclusive: Does a New Wave of Fiduciary Litigation Loom? “ERISA litigation lawyer Jerry Schlichter has taken to social media to hunt for potential employee plaintiffs for a new brand of fiduciary litigation…. Failing to comply with the requirements of the CAA leaves employers at risk of fines and class-action lawsuits. But most employers are still in the dark, believing their broker or TPA will handle compliance on their behalf or that it’s simply ‘no big deal.” Full Article – American Retirement Association
Proposed Legislation Offers Guidance on Filing Requirements Under Affordable Care Act “The Employer Reporting Improvement Act (HR 3801) would change tax identification number (TIN) requirements, as well as set definite response times and limitations periods for IRS enforcement of ACA filing requirements. The Paperwork Burden Reduction Act (HR 3797) would extend the use of the alternative furnishing method to all Forms 1095-C instead of just those that report only enrollment in Part III of the Form 1095-C or Forms 1095-B.” Full Article – Ernst & Young LLP
The ERISA Edit: ACA Preventive Services Mandate Remains in Effect Through Appeal “The government stipulated that it would not seek penalties or take enforcement action against Braidwood for its refusal to cover the PSTF- recommended preventive care at issue (HIV- related preexposure prophylaxis (PrEP) drugs) through the time the Fifth Circuit issues a decision on the merits. The government also agreed that, until the Fifth Circuit issues its decision, it would not take any enforcement action against any Texas-based insurance issuer for offering to the individual plaintiffs a plan that excludes PrEP drugs or against the individual plaintiffs themselves for purchasing such a plan.” Full Article – Miller & Chevalier Chartered
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.
ILLINOIS
Illinois Poised to Become Latest State to Mandate Pay Transparency
“On May 17, 2023, House Bill 3129 passed both houses of the Illinois legislature. The bill is expected to be signed into law by Gov. J.B. Pritzker and go into effect on Jan. 1, 2025. Illinois will then join a growing number of states that have enacted or are currently considering pay transparency laws that are intended to address discrimination and eliminate pay disparity.” Full Article
– Barnes & Thornburg LLP
OREGON
Oregon to Assess Highest-in-Nation OSHA Penalties of up to $250,000 Per Violation
“Effective May 24, 2023, Oregon passed a new law (SB 592A) turning its workplace safety penalties on their head, taking Oregon from the state with some of the lowest OSHA penalties to the highest in the country.” Full Article
– Seyfarth Shaw LLP
WASHINGTON
New Growth of State and Local Paid Leave Developments in the Evergreen State
“Washington Paid Family and Medical Leave Act has been amended to, among other changes, provide employers with access to claim information that may be helpful in administering concurrent leave and supplemental benefit programs.” Full Article
– Littler Mendelson P.C.
MINNESOTA
Minnesota Enacts Omnibus Jobs Bill With Major Changes for Minnesota Employers
“The Bill has significant implications for employers with employees in Minnesota and includes numerous changes to Minnesota state law, including a sweeping ban on non-compete agreements; a ban on mandatory employer
-sponsored meetings; newly mandated statewide paid sick leave; and expanded protections for parental leave and pregnant employees, among others.” Full Article
– Proskauer Rose LLP
NEW YORK
New York City Joins Growing Effort to Ban Body Size Discrimination
“This new law, which goes into effect Nov. 22, adds weight and height as protected classes under the city’s Human Rights Law. This law is part of a growing national movement to curtail body size discrimination at work.” Full Article
– Phelps Dunbar LLP
- Published in Blog
KFF Survey Provides Insights Into Consumer Experiences With Health Insurance
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.
A recent health care consumer experiences survey by Kaiser Family Foundation (KFF) found that most insured adults feel positively about their health insurance, with 81% rating their insurance as either “excellent” or “good.” Individuals with fair or poor health rated their insurance lower (68%). Medicare received the highest positive ratings at 91%. The survey relied on interview data from 3,605 U.S. adults with employer-sponsored health care, Medicare, Medicaid or Affordable Care Act (ACA) Marketplace coverage.
While most adults rated their insurance positively, 58% reported encountering at least one problem using their coverage in the past year, with a larger percentage of individuals (67%) with the greatest health care needs reporting similar issues. Problems included denied claims, difficulty finding in-network providers, and delays or denials of care due to preauthorization issues. Nearly 17% of insured adults said they were unable to receive their recommended care because of these problems, with 15% reporting a decline in their health and 28% paying more than expected.
Other key findings include the following:
- Adults with worse physical or mental health were more likely to report having problems with their health insurance. Of individuals who received mental health treatment in the past year, 74% reported a problem. Additionally, 78% of individuals with more than 10 health care provider visits in the past year said they experienced problems using their health insurance.
- Many insured adults did not receive needed mental health services or medication. Nearly 43% of insured adults who reported being in “fair” or “poor” health stated they did not receive mental health services or medication they needed in the past year, with 45% rating their insurance negatively when it came to available mental health providers. Approximately 40% of individuals skipped or delayed care in the past year due to costs.
- More than one-third (36%) of insured adults struggle to understand their health insurance. About half (51%) of adults said they find at least one aspect of their health insurance at least somewhat difficult to understand. Moreover, approximately 90% of adults support public policies to make health insurance simpler to understand—such as easier-to-read explanation of benefits, disclosures of claim denial rates and advance notice of whether care is covered and out-of-pocket costs—and help individuals avoid or resolve insurance problems.
“The survey shows that the sheer complexity of insurance is as big a problem as affordability, particularly for those with the greatest needs.”
– KFF President and CEO Drew Altman
Employer Takeaways
This survey confirms what many employers already know: Most employees value having health coverage. However, it also reveals that many individuals have issues when trying to use their coverage. These problems are more pronounced among individuals with poorer health, high utilizers of health care and people who receive mental health care.
The survey also uncovers potential barriers that may prevent adults from receiving needed physical and mental health care services, such as in-network provider issues, difficulties understanding health insurance policies and high costs related to care. While the U.S. Congress has taken steps in the last few years to make health insurance more affordable and easier to understand, employers are uniquely positioned to help employees understand and effectively use their health plans. A better understanding may help employees increase their health care literacy and improve their health and well-being.
Contact RISQ Consulting for more health care resources.
- Published in Blog
Heat-related Illnesses
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.
Heat-related illnesses can cause serious conditions or death as a person’s natural cooling mechanisms may not be able to keep up with the temperature. It’s essential for workers in the agriculture sector to be familiar with the signs and symptoms of heat illnesses and techniques to prevent them, especially during the hot summer months.
Types of Heat-related Illnesses
In addition to sunburns and heat rash, there are several types of heat-related illnesses, including:
- Heat cramps—These consist of muscle pain or spasms. Heavy sweating may also occur. Individuals suffering from heat cramps must stop physical activity, move to a cool place, and hydrate with water or a sports drink. Medical personnel should be contacted if the cramps last more than one hour or if the affected individual is on a low-sodium diet or has heart problems.
- Heat exhaustion—This can occur when an individual doesn’t intake enough fluids during hot weather. Signs of this illness include heavy sweating, dizziness, headache, fainting, weakness or tiredness, cramps and nausea or vomiting. An affected person may also exhibit cold, pale and clammy skin and a fast or weak pulse. If an individual displays the symptoms of heat exhaustion, they need to sip water, loosen their clothes and move to a cool place while cool, wet cloths are placed on their body. Medical personnel must be called immediately if the person is vomiting or if their symptoms worsen or last longer than one hour.
- Heat stroke—If heat exhaustion is not treated, it can lead to heat stroke, a medical emergency that can cause permanent disability or death. Symptoms of heat stroke include hot, dry, red or damp skin and a body temperature of 103 degrees Fahrenheit or higher, as well as headache, dizziness, confusion, nausea and dizziness. The affected individual may also have a fast, strong pulse and may be passing out. If these signs are present, 911 must be called immediately and the person needs to be moved to a cooler location. Cool cloths or a cool bath can also help lower their body temperature. Due to their altered state of consciousness during a heat stroke, it may not be safe for them to drink liquid.
Heat Illness Prevention Tips
There are several techniques to help prevent the above heat-related illnesses, including the following:
- Ease into work and follow the 20% rule. According to OSHA, nearly 3 out of 4 heat illness fatalities occur during the first week of work. Easing into work allows workers to build a tolerance to heat. The 20% rule allows for needed acclimatization by permitting no more than 20% of the first day’s shift to be at full intensity in the heat. The time at full intensity then may not be increased by more than 20% a day until the workers are used to the hot conditions.
- Hydrate. Workers need to hydrate before their shift and continue to drink water or electrolyte-rich beverages even when they are not thirsty. Alcoholic and caffeinated drinks should be avoided.
- Rest. It is vital for employees to take breaks from the heat in cool or shady locations.
- Dress appropriately. Wearing proper attire, such as light-colored, breathable and loose-fitting clothing, can help reduce heat-related risks.
Knowing proper first aid and when to call emergency personnel can also improve safety. For more information, contact us today.
- Published in Blog
The RISQ RECAP:
June 12th – June 16th, 2023
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
Cyber Insurance Premiums Surge by 50% as Ransomware Attacks Increase “US cyber insurance premiums surged 50% in 2022 as increased ransomware attacks and online commerce drove demand for coverage. Premiums collected from policies written by insurers reached $7.2 billion in 2022 and tripled in the past three years, ratings firm AM Best said in a study released this week. “Systematic risk is an ongoing concern,” Fred Eslami, an AM Best associate director, said in a statement. ‘Ultimately, the coverage provided to insureds may be decided by the risk appetite of the insurer, and to a certain extent, the coverage that reinsurers are willing to provide.’” Full Article – Insurance Journal
Nationwide to Take Actions to Limit Risk in Personal, Commercial Portfolios “Add Nationwide to a growing list of insurers making changes to deal with losses in some areas of the country. In a June 12 “business actions update” Nationwide announced moves “to mitigate risk and manage the personal and commercial lines portfolios in the current environment.” “Strong headwinds brought on by the economic environment, catastrophe weather events, and the impact of inflation continue to impact the entire insurance industry,” according to the statement from the insurer, which did not specify lines of business or regions affected by the actions.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
No Playing Around with Pay Rates to Avoid Overtime Liability! “Employers may explore creative ways to reduce staffing costs; however, changing an employee’s pay rate to avoid overtime liability is not a legal one, as the U.S. Court of Appeals for the Eleventh Circuit recently emphasized.” Full Article – Shawe Rosenthal LLP
The DOL Has A New Website to Provide Workplace Mental Health Resources “In recognition of Mental Health Awareness Month, the U.S. Department of Labor has announced a new website with resources to assist employers in legal compliance and in creating supportive workplaces.” Full Article – Shawe Rosenthal LLP
High Times: Marijuana Positivity in Workplace Drug Tests Reaches 25-Year Record “Impairment and related safety hazards have been disrupting the workplace resulting in lost time, absenteeism, safety hazards, and serious industrial accidents. We track annual positivity test reports from Quest Diagnostics, one of the country’s largest drug testing laboratories.” Full Article – Seyfarth Shaw LLP
The Department of Labor Issues Guidance for Employers Concerning the PUMP Act “On December 29, 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP”) was signed into law. PUMP further amends the federal Fair Labor Standards Act (“FLSA”) by extending protections for employees who need to express breast milk at work.” Full Article – Sheppard, Mullin, Richter & Hampton LLP
No Fun in the Summertime: Employer Obligations for Preventing Employee Heat Stress “As summer approaches, employers with employees potentially exposed to high temperatures should ensure that they have taken the necessary steps to protect their employees from heat-related illnesses. Employees who might be exposed to high temperatures include not only employees working outdoors, but also employees working in indoor environments with high temperatures, such as warehouses without air conditioning.” Full Article – Venable LLP
NLRB Signals Challenge to Noncompete Agreements for Non-Supervisory Workers “On May 30, 2023, the General Counsel (GC) of the National Labor Relations Board (NLRB) took a step toward the federal regulation of employee noncompetition agreements. The GC published a memorandum (the Memo) in which she expressed her opinion that “the proffer, maintenance, and enforcement of such agreements violate Section 8(a)(1)” of the National Labor Relations Act (the Act).” Full Article – Greenberg Traurig 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.
ILLINOIS
Illinois Poised to Become Latest State to Mandate Pay Transparency
“On May 17, 2023, House Bill 3129 passed both houses of the Illinois legislature. The bill is expected to be signed into law by Gov. J.B. Pritzker and go into effect on Jan. 1, 2025. Illinois will then join a growing number of states that have enacted or are currently considering pay transparency laws that are intended to address discrimination and eliminate pay disparity.” Full Article
– Barnes & Thornburg LLP
OREGON
Oregon to Assess Highest-in-Nation OSHA Penalties of up to $250,000 Per Violation
“Effective May 24, 2023, Oregon passed a new law (SB 592A) turning its workplace safety penalties on their head, taking Oregon from the state with some of the lowest OSHA penalties to the highest in the country.” Full Article
– Seyfarth Shaw LLP
WASHINGTON
New Growth of State and Local Paid Leave Developments in the Evergreen State
“Washington Paid Family and Medical Leave Act has been amended to, among other changes, provide employers with access to claim information that may be helpful in administering concurrent leave and supplemental benefit programs.” Full Article
– Littler Mendelson P.C.
MINNESOTA
Minnesota Enacts Omnibus Jobs Bill With Major Changes for Minnesota Employers
“The Bill has significant implications for employers with employees in Minnesota and includes numerous changes to Minnesota state law, including a sweeping ban on non-compete agreements; a ban on mandatory employer
-sponsored meetings; newly mandated statewide paid sick leave; and expanded protections for parental leave and pregnant employees, among others.” Full Article
– Proskauer Rose LLP
NEW YORK
New York City Joins Growing Effort to Ban Body Size Discrimination
“This new law, which goes into effect Nov. 22, adds weight and height as protected classes under the city’s Human Rights Law. This law is part of a growing national movement to curtail body size discrimination at work.” Full Article
– Phelps Dunbar LLP
- Published in Blog
Preparing for the Pregnant Workers Fairness Act
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.
The Pregnant Workers Fairness Act (PWFA), which was signed into law on Dec. 29, 2022, will be in effect as of June 27, 2023. Under this law, employers with at least 15 employees must provide reasonable accommodations to workers with known limitations related to pregnancy, childbirth or related medical conditions unless the accommodation will cause the employer an “undue hardship.”
The U.S. Equal Employment Opportunity Commission (EEOC) will start accepting charges under the PWFA on the day the law becomes effective for situations complained about having happened on June 27, 2023, or later. However, according to a recent survey by leave and accommodation management solutions provider AbsenceSoft, 43% of HR leaders are either not at all or only somewhat familiar with the PWFA. Nearly half said their HR department is not at all prepared or just starting to prepare for the June 27 deadline. Therefore, to avoid the risks of fines and lawsuits, employers should take steps now to prepare for the PWFA.
This article provides a general outline of the PWFA and actions employers can take now to prepare for the new law.
What Is the PWFA?
The PWFA amends the Americans with Disabilities Act (ADA) to require reasonable accommodations for a qualified individual’s limitations related to pregnancy, childbirth or related medical conditions. This law only applies to accommodations since existing laws the EEOC enforces make it illegal to terminate or otherwise discriminate against workers on the basis of pregnancy, childbirth or related medical conditions.
Importantly, the PWFA does not replace federal, state or local laws that are more protective of workers affected by pregnancy, childbirth or related medical conditions. Currently, more than 30 states and localities have laws providing accommodations for pregnant workers.
Who Does the PWFA Protect?
The PWFA protects employees and applications of covered employers who have known limitations related to pregnancy, childbirth or other related medical conditions. Covered employers include private- and public-sector employers with at least 15 employees, including federal agencies, employment agencies and labor organizations.
Additionally, covered employers cannot:
- Require an employee to accept an accommodation without a discussion between the worker and the employer about the accommodation
- Deny a job or other employment opportunities to a qualified employee or applicant based on the person’s need for a reasonable accommodation
- Require an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working
- Retaliate against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding, such as an investigation
- Interfere with any individual’s right under the PWFA
What Can Employers Do to Prepare for the PWFA?
Since the EEOC will accept PWFA complaints on the day the law becomes effective, it’s vital to review and become familiar with the law before June 27, 2023.
Employers can also prepare by reviewing their existing accommodation policies and revising them according to the PWFA’s requirements. Employers can even start engaging in the interactive process with covered employees and applicants who may need accommodations before the PWFA becomes effective. “Reasonable accommodations” are changes to the work environment or the way things are usually done at work. Employers are required to provide reasonable accommodations unless they would cause an “undue hardship” on the employer’s operations. An undue hardship is a significant difficulty or expense for employers.
Industry experts expect an increase in accommodation requests by pregnant employees once the PWFA becomes effective. Although the PWFA is modeled after the ADA, there are some critical differences. For example, under the ADA, employers aren’t required to modify the essential functions of a job to accommodate an employee. However, the PWFA allows employers to reevaluate a job’s essential functions in light of pregnancy, childbirth and other related medical conditions and make changes. Therefore, employers can prepare by becoming familiar with all reasonable accommodations outlined in the PWFA. For example, the House Committee on Education and Labor’s report on the PWFA provides several examples of possible reasonable accommodations, including the ability to:
- Sit or drink water
- Receive closer parking arrangements
- Have flexible hours
- Obtain appropriately sized uniforms and safety apparel
- Receive additional break time to use the bathroom, eat and rest
- Take leave or time off to recover from childbirth
- Be excused from strenuous activities that involve exposure to compounds not safe for pregnancy
Moreover, although the ADA, the Family and Medical Leave Act, the Pump Act and Title VII of the Civil Rights Act safeguard the rights of pregnant workers and new parents to equal employment, the PWFA mandates that employers take further steps to accommodate employees. Therefore, organizations can prepare for the PWFA by training HR personnel and managers on the law’s requirements and proper handling of PWFA accommodation requests.
Takeaway
Since time is limited, employers should take steps now to ensure their organizations are sufficiently prepared for the PWFA. This can help employers to avoid fines and lawsuits and prepare to make needed accommodations that allow their employees to be productive and comfortable at work.
This article provides a general overview of the PWFA and is not intended to be exhaustive. Due to the complexities of complying with PWFA requirements, employers are encouraged to seek legal counsel to discuss specific issues and concerns.
Employers can explore the EEOC’s What You Should Know About the Pregnant Workers Fairness Act for more information.
Contact RISQ Consulting today for additional PWFA resources.
- Published in Blog
Travel Essentials
By Alison Nelson, Employee Benefits Account Manager
With the gloomy weather we’ve been having lately, you may find yourself with the hankering to travel to warmer destinations. This past Spring, I found myself chasing the sunshine across the world and, in preparation for my travel, I found myself overwhelmed with all the products touted as a “must have”. Some items were lackluster while others are newfound staples on my to-pack list. To ease you of the same trial-and-error turbulence, below is a list of items I found to be worth it, and hopefully you do too.
- Travel Insurance with Petersen International
- Travel Insurance is a must when visiting overseas. There are so many unknowns that can come up when traveling and this will help give you immense peace of mind. Deductibles are flexible and expenses such as hospital stays, medical evacuation, trip cancellation and even lost luggage are eligible for coverage. I highly recommend contacting RISQ for a quote.
- My Favorite Carry On Bag
- This carry on bag not only conveniently attaches to rolling carry-ons or suitcases, but it expands as needed. I always keep the bag smaller as I head to my destination and then I expand it on the way back to fit anything I may bring back with me.
- Memory Foam Neck Pillow
- I don’t know about you, but sometimes I use my neck pillow and sometimes I don’t. This often leaves me with the conundrum of not wanting to waste precious space in my carry-on, which is why I love this portable neck pillow! It’s super comfy and fits in a convenient bag.
- Cord Organizer
- Since it seems like every device needs its own charger, this cord organizer has spared me from having to detangle all my charging cords and makes them easier to find.
- Portable Charger
- I like this portable charger since it has two USB ports so I can charge two devices at once. Since most places wont ship portable chargers to Alaska, this one has the added bonus of usually being in-stock at Target.
- Eye Mask
- While I don’t have this exact pair, I have a very similar one and love it. Not having the fabric touch my eyes makes it so I forget I’m even wearing them.
- Compression Packing Cubes
- These packing cubes are a lifesaver when I inevitably pack too many clothes or buy too many souvenir shirts. I can pack them in a cube then compress out the air to ensure everything still fits in my suitcase!
- Luggage Scale
- If you’re not an over-packer you can probably skip this one. But if you’re like me, this nifty device has saved me from having to repack my suitcase in the luggage drop-off line on more than one occasion.
- Laundry Bag
- Keeping dirty and clean clothes separate while travelling can be a pain so this laundry bag is a good way to keep things organized.
- Travel Mirror
- I have found that often times the only mirror is in the bathroom, so getting ready is just a lot easier with access to another mirror with good lighting.
- Toiletry Bag
- My favorite toiletry bag is a convenient way to make sure all your toiletries are in one spot and that they don’t spill in your suitcase. Need I say more?
Enjoy and safe travels! 😊
- Published in Blog
The RISQ RECAP:
June 5th – June 9th, 2023
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
Survey: Younger Generations More Tolerant of Fraud “A significant number of Americans ages 44 and younger show a high level of tolerance for insurance fraud, according to a new survey of insurance consumers by Verisk and the Coalition Against Insurance Fraud. The accompanying study found that while nearly all Americans over age 55 view insurance fraud as a crime, about 75% of those between 25 and 44 consider it a crime – and the percentage skewed down to 64% for those between ages 18 and 24.” Full Article – Insurance Journal
Climate Change and Homeowners’ Insurance Are on a Collision Course “A summer that has already seen water crises and wildfire smoke is rapidly becoming an inflection point in the pitched battle between climate change and the price of homeowners’ insurance in the US. American International Group Inc., which has already pulled back from new California business, is now set to curb home-insurance sales for affluent customers in around 200 ZIP codes across the US, including New York, Delaware, Florida, Colorado, Montana, Idaho and Wyoming.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Can Your Plan Clear Mental Health Parity Compliance Hurdles? “Hidden Hurdle 1: Equality does not equal parity. Hidden hurdle 2: When you don’t (and can’t) know how your plan is run. Hidden hurdle 3: Didn’t we exclude that?” Full Article – International Foundation of Employee Benefits Plans [IFEBP]
Denials of Health Insurance Claims Are Rising — and Getting Weirder “Companies appear increasingly likely to employ computer algorithms or people with little relevant experience to issue rapid-fire denials of claims. A job title at one company was ‘denial nurse.’ The ACA tasked HHS with monitoring denials both by health plans on the Obamacare marketplace and those offered through employers and insurers.” Full Article – KFF Health News
Can the HIPAA Privacy and Security Official Position Be Held by a Third Party? “Although there is language in the preamble to the privacy rule that seems to assume that the privacy official will be an employee of the covered entity, there is no explicit requirement to that effect. And because some covered entities (e.g., most group health plans) will not have employees, the privacy official’s duties will have to be performed by a third party (for a group health plan, usually an employee of the plan sponsor).” Full Article – Thomson Reuters / EBIA
Employee Benefits Plans: Applying the ERISA Controlled Group and Affiliated Service Group Rules in the Health Care Industry “The friendly-PC model involves a professional service corporation conducting a medical practice in affiliation with a management services organization. Although the friendly-PC model may be a solution to the corporate practice of medicine doctrine, it can create unintended consequences for employee benefit plans sponsored by the PSC and MSO.” Full Article – Foley & Lardner LLP
Seventh Circuit Affirms Plan Sponsor’s Discretion for Severance Benefits “The decision affirms that, if the plan so provides, discretionary eligibility criteria for severance benefits is permissible under ERISA. However, plan sponsors should be aware that the exercise of discretion in certain ways can cause issues under other federal laws intended to protect against discrimination and in the context of a voluntary severance plan, the exercise of discretion with respect to eligibility could negate the voluntary nature of the plan.” Full Article – Groom Law Group
First Gag Clause Attestations Due December 31, 2023 – What Groups Health Plan Sponsors Need to Know “Plan sponsors and carriers of fully insured plans are both required to submit a Gag Clause Prohibition Compliance Attestation. FAQs Part 57 provide that if the insurance carrier submits the GCPCA on behalf of the plan, the Departments will consider the plan (and insurer) compliant. Sponsors of fully insured plans, however, should confirm that the carrier will be submitting the GCPCA on the plan’s behalf.” Full Article – Hunton Andrews Kurth 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.
CALIFORNIA
Court Provides Guidance Regarding Employer Vaccine Mandates
“A California Court of Appeal has ruled that a hospital’s decision to terminate an employee for failing to comply with its flu vaccine mandate did not violate California’s Fair Employment and Housing Act (FEHA) prohibition on disability discrimination. Hodges v. Cedars-Sinai Medical Center.” Full Article
– Seyfarth Shaw LLP
FLORIDA
Florida’s New Law Overhauls Public Sector Labor Laws Related to Dues Deduction and Labor Organization Registration
“On May 9, 2023, Governor Ron DeSantis signed into law Senate Bill 256, which overhauls Florida’s Public Employees Relations Act, implementing significant changes to procedures related to dues authorization and deduction, registration requirements, and certification procedures for public employers and public sector labor unions.” Full Article
– Ford Harrison
MINNESOTA
Minnesota Set to Ban Noncompete Agreements on July 1st—What Companies Need to Know (and do)
“In a lightning-fast move, the Minnesota Legislature just passed a bill that voids all future covenants not to compete, with limited exceptions for agreements entered into in connection with the sale or dissolution of a business.” Full Article
– Benesch
ILLINOIS
Illinois Gender Violence Act to Specifically Apply to Employers
“Illinois employers should be aware that they will likely be subject to liability under amendments to the Illinois Gender Violence Act (GVA) proposed by recent legislation. HB1363 is one of a number of bills that recently passed both houses of the Illinois Legislature and should soon be sent to the governor for signature.” Full Article
– Ford Harrison
NEW YORK
New York City Holds Roundtable on the Use of Automated Employment Decision Tools (LL144)
“The stated purpose of this roundtable was to revisit the requirements under the law and to address questions that remain with the intention of releasing FAQ-type guidance to assist employers prior to Local Law 144’s July 5, 2023 enforcement date.” Full Article
– Seyfarth Shaw LLP
- Published in Blog