SEDGWICK CORNER: Industrial Commission update

Contractor safety

Contractors provide a number of services for companies including building renovations, electrical work, machine

maintenance, new building additions and machine installation. With these services, it is paramount that both the

contractor and host employer take the necessary precautions to keep all employees safe during these activities.

The Occupational Safety and Health Administration (OSHA) suggests that safety is a two-way street when working

with contractors. This means the responsibility falls on both parties. Safety is elevated when employers and

contractors establish systems to coordinate their efforts and communicate to provide all workers equal protection

against hazards. Whether contractors are new to your organization, or you’ve been working with them for years,

consider the following practices:

Pre-Qualification and Selection

One way to determine a contractor’s safety level is to evaluate their safety records. Safety records will help

identify a company’s commitment to safety and may uncover some dangerous practices. Request injury and illness

records, injury rates, safety certifications and safety training programs.

Safety Orientation and Training / Worksite Hazard Identification / Emergency Procedures

Collaborate with contractors to identify and assess workplace hazards. Conduct site inspections and risk

assessments to mitigate potential risks and ensure a safe work environment. Provide thorough safety orientation

and training to contractors before they begin work. It is essential they understand workplace hazards, emergency

procedures and proper safety protocols within your facility.

Personal Protective Equipment (PPE):

Once a worksite hazard evaluation is complete, ensure contractors use appropriate PPE for their tasks. Perform

periodic inspections to validate the proper usage of PPE. Promptly address any concerns to your contact if there

are issues.

Safety Meetings and Communication:

Depending on the length of the contractor’s project, conduct regular safety meetings. Safety meetings are a great

way to discuss safety concerns, updates, changes and best practices. Always encourage open communication

channels to address safety issues promptly.

Incident Reporting and Investigation:

Establish clear procedures for reporting and investigating safety incidents involving contractors. Encourage prompt

reporting of near misses, injuries or hazardous conditions to prevent future incidents.

Documentation and Record-Keeping:

Maintain accurate records of safety training, orientation, inspections, incidents and contractor compliance

documentation. This information is valuable for audits, regulatory compliance and future references. Review the

information with your leadership team to discuss potential changes on upcoming projects.

Some other considerations when working with contractors include security / access control, restricted areas,

understanding written obligations within the contract / agreement and performance evaluation.

Ensuring contractor safety in the workplace is essential for maintaining a secure and healthy environment for

everyone involved. By implementing these measures and fostering a culture of safety, organizations can

effectively manage contractor safety in the workplace, protect the well-being of all individuals and mitigate risks

associated with contractor activities.

If you need help identifying potential hazards in your workplace, please contact Andy Sawan, risk services

specialist at Sedgwick at andrew.sawan@sedgwick.com or 330.819.4728.


Industrial Commission update

Temporary total compensation (TT) and

maximum medical improvement (MMI)

The Ohio Supreme Court recently issued a decision that relates to the date that temporary total compensation (TT)

should be terminated when the Industrial Commission deems that an injured worker has achieved maximum

medical improvement (MMI). In the case of State ex rel. Dillon v Industrial Commission, it was determined that

employers are now permitted to request that the Industrial Commission (IC) terminate TT effective the date of the

medical exam that determined the injured worker to be at MMI.

Prior to this decision, the date of TT termination typically would be designated as the date that the IC hearing took

place to address this issue. With the implementation of Dillon, the IC will now have to determine if TT is payable

beyond the date of the MMI exam, which typically takes place one to two months prior to the Industrial

Commission hearing that determines whether an MMI finding is appropriate.

So what does this decision really mean for you, as the employer? From a financial perspective, if there is a finding

of MMI by the Industrial Commission effective the date that the examination took place and there was temporary

total compensation paid beyond that exam date, the Bureau of Workers’ Compensation will need to review to

determine if an overpayment exists. If the IC uses a date other than the date of the exam to render an MMI

finding, then you will want to review this with your assigned claims team to determine what appeal options may

be available to you.

It is important to remember that this change is a legal change and therefore any presentation to the Industrial

Commission asking that they apply Dillon to MMI date should be made by your legal counsel. Your claims team at

Sedgwick is here to assist you with the financial implications of the result so that you can make an informed

decision on your next steps in either accepting the IC decision or filing an appeal.

If you have any questions, contact our Sedgwick program manager, Julia Bowling at julia.bowling@sedgwick.com

or 513-218-4062

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