From Washington State Department of Labor & Industries <[email protected]>
Subject Employer News for Workers' Compensation Washington State
Date September 6, 2022 6:15 PM
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Employer News email bulletin graphic
September 2022?
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two hands, one injured, filling out paperwork
*Things to do now*

*Register today for two days of training and education providing the latest tools, technologies and strategies for workplace safety and health.* The 71st annual Governor?s Industrial Safety and Health Conference is at the Greater Tacoma Convention Center on Sept. 28-29, 2022. The topic lineup includes: Fall Protection; Violence Mitigation in the Workplace; Heat Illness Prevention; and many more. Registration is $350 through 9/16. One-day pricing and student discounts are available. Learn more at www.gishab.org [ [link removed] ].

*Get help from the Early Return to Work Consultation (ERTWC) team to explore return-to-work opportunities for your injured workers and potentially receive financial incentives.* The new service, offered by the Department of Labor and Industries? (L&I) Early Return to Work program, aims to help employers build and implement a return-to-work program at their business. Go to the Prepare for Future Claims [ [link removed] ] web page today to schedule a no-fee consultation for your business.

*Compare L&I?s return-to-work incentives.* Print this handout. [ [link removed] ] to get a summary of the eligibility requirements and benefits available from Job Modification [ [link removed] ], Stay at Work [ [link removed] ], and Preferred Worker Program [ [link removed] ]. All of these programs support L&I?s goal to help injured workers heal and return to work, and you may be able to get assistance from more than one program!

*Safety and Health Consultation Program*. Safety or Industrial Hygiene consultants provide assistance with building your safety program, training, identifying and controlling hazards, and following applicable safety rules. No fines or penalties will result from issues uncovered during a consultation. However, consultants will ask you to correct any serious issues and offer assistance.
A consultation can help you:


* Stay compliant with WISHA rules
* Implement best practices
* Create and maintain an effective safety program
* Keep your workers? comp premiums as low as possible
* Prevent hidden costs of workplace injury claims

Our recommendations help you create a safer and healthier work environment and can enhance job performance and productivity. As a result, you may see reduced absences and avoid short or long-term disabilities. For more information, visit www.Lni.wa.gov/Consultation [ [link removed] ].



Teen worker stands in foreground looking forward at the camera as two adults in the background look at the teen
*Things to know now*

*Avoid penalties for not reporting workers? compensation*. A 1099 IRS tax form has no bearing on Washington state workers? compensation coverage. All workers in Washington are entitled to workers? compensation unless they fit L&I?s exemption definitions. Make sure you understand your business' requirements for covering workers, including independent contractors by visiting our Independent Contractor [ [link removed] ] webpage. You will find an?e-Learning [ [link removed] ] that goes through the basics for determining coverage as well as industry specific information such as remote or app based work [ [link removed] ].

*How can you help your worker when they suffer a workplace injury?* When a worker is hurt on the job, they may worry about a multitude of things. They could worry about being fired, never returning to work, letting down their coworkers, letting you down, or even just how they are going to pay their bills. How you deal with the workplace injury plays a big part in how your worker heals and returns to work. Go to Injured Worker? What You Need to Know [ [link removed] ] to learn about best practices to help your worker return to work and their full wages as soon as medically possible after a work injury.

*Overtime benefits to all agricultural employees.* Historically, agricultural workers were exempted from the protections of the Minimum Wage Act dealing with overtime pay for working in excess of 40 hours in a work week.

On Nov. 5, 2020, the Washington Supreme Court found this exemption to be unconstitutional and declared dairy workers to be eligible to receive the overtime protection under the Minimum Wage Act. The DeRuyter case didn?t go beyond the dairy worker plaintiffs. In 2021, the state legislature passed ESSB 5172 [ [link removed] ], which extended overtime benefits to all agricultural employees, phased-in over a 3-year period. This does not include dairy employees who gained their eligibility through DeRuyter.

More resources and information about agricultural worker overtime eligibility may be found on the Overtime web page.

*Be ?Heat Smart!? Emergency rules for outdoor heat exposure and wildfire smoke.* Through the end of September, employers in Washington are required to monitor temperature and air quality, provide training and information, and take steps to protect workers from heat and smoke hazards. Emergency outdoor heat exposure [ [link removed] ] and wildfire smoke [ [link removed] ] rules were developed to protect farm and construction workers, roofers, road crews, and anyone else whose job keeps them outside.

L&I?s Be Heat Smart [ [link removed] ] web page has complete details of the requirements, helpful resources, and additional steps employers and workers can take to prevent heat-related illnesses. Additional details and resources concerning wildfire smoke are available on L&I?s wildfire smoke [ [link removed] ] web page. There?s more information on the development of permanent rules for both heat and wildfire smoke exposures on L&I?s Rulemaking Process [ [link removed] ]page.

*The Stay at Work Program reimburses for expenses.* Employers can be reimbursed for tools and equipment (max $2,500), training (max $1,000), and clothing (max $400). For an expense to be eligible for reimbursement, it must be:


* Necessary for the worker to perform the light-duty work
* Purchased on or after the date you offered the light-duty job to the worker
If you have questions about an expense reimbursement, email us at [email protected].

*Got a Claim-Free Discount?* Don?t lose it! Employers with no compensable claims during the 3-year experience period can be eligible for a Claim-Free Discount [ [link removed] ] of 10% to 40% off your base rate. You no longer qualify for the discount when you have a claim with time-loss payments, loss of earning power (LEP), partial permanent disability (PPD), total permanent disability, or death benefits. If you have a claim with medical restrictions, consider light duty or kept on salary [ [link removed] ] to avoid time-loss payments.

*Self-insured employers can receive Preferred Worker Program incentives.* The Preferred Worker Program [ [link removed] ] has been enhanced to offer wage and expense reimbursements and continuous employment incentive. In addition, the program eligibility was expanded so that any employer ? including the employer of injury and self-insured employers ? can receive these benefits for hiring a preferred worker. To learn more, sign up for a Preferred Worker Program webinar at www.Lni.wa.gov/RTWwebinars [ [link removed] ].



two hands, one injured, filling out paperwork
Spotlight: Education & Training

Sign up for training on L&I topics. Are you in a new role at your company and need to get familiar with Washington?s workers? comp system? L&I offers free webinars every month on a variety of topics. Check out our webinar calendar at www.Lni.wa.gov/Training [ [link removed] ]

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Questions? Comments? Email us at [email protected] or call 360-902-4599.

________________________________________________________________________

? Washington State Dept of Labor & Industries
Employer Services







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? Washington State Department of Labor & Industries.

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Washington State Department of Labor & Industries ??7273 Linderson Way SW???Tumwater WA 98501
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