ExceptionsAre the Rule

Going & ComingFrom Work:

Recent SuccessCases at theMaryland WorkComp Commission

Helpful Guidance for Chesapeake Employers’ Policyholders & Maryland Employers Spring 2015

Understanding This Rule and its Exceptions in Determining Injury Compensability

Ask theChesapeakeEmployers’Specialists

Move Over Driving LawPull-out SafetyPoster Inside

Chesapeake Provides FreeSafety Training Materials & Posters

Steps to Conducting an Accident Investigation

8

enerally speaking, injuries an employee incurs while going to or coming from work are not compensable under the Maryland Workers’ Compensation Act. This rule of law is known as the “Going and Com-ing Rule.” There are several reasons for this rule. • First, going to or from work generally is con- sidered to be the employee’s own responsibility. • Second, the employer’s interests ordinarily are not advanced during these times. • Third, the hazards encountered by an employee while commuting to work are typically common to all workers, no matter what their job, and thus such risks cannot be attributable to a person’s particular employment. • Finally, workers’ compensation insurance does not insure workers against the common perils of life.

For all these reasons, the general rule is that injuries sustained by an employee while going to or coming from work are not considered to arise out of or in the course of the employment, and are therefore not covered under workers’ compensation.

One of the most frequent questions asked by an employer is whether an employee injured while going to or coming from work is entitled to workers’ compensation benefits in Maryland. As we discuss in greater detail in this article, the answer to that question will turn on the particular facts. Here is an overview of three of the eight exceptions.

Over the past 50 years; however, the courts have carved out several exceptions to this rule. As you will see, these exceptions have eroded the general rule to the point that the Going and Coming Rule is more the exception rather than the rule.

FACTS: The employer provides parking for its employees on its property. An employee who has parked there for work is injured while walking to the employee entrance.

Is that injury compensable? The answer is yes. Once an employee has arrived on the em-ployer’s property, presumably for the purposes of reporting to work, an injury will be deemed compensable, even if the employee has not yet begun to work.1

Likewise, the employee will also be covered after completing the work shift and returning to the lot to drive off, up until the car has left the employer’s property. This exception has often been referred to by the courts as “The Premises Exception.”

Going & ComingFrom Work Rule:

ExceptionsAre the Rule

G The Premises Exception

I heard Joewas injured inthe employee parking lot...

Work Comp Claims & Legal Information You Need to Know

2 Spring 2015

Authored by IWIF Legal Staff and originally published in the Spring 2007 IWIF policyholder newsletter. Updated February, 2015

FACTS: An employee who parks off site, in a lot next to the employer’s premises, is injured when she slips on ice in the parking lot while walking from her car to work.

Compensable? You would think not since the Premises Exception does not apply. However, there is another exception that may apply – the Proximity Exception – that will require us to obtain more facts.

The Proximity Exception has two elements: there is a special hazard at the off-premises site where the injury occurs, and there is a close as-sociation of the access route to the premises.2

In the scenario above, if the parking lot is controlled by the employer or the employer directs its employees to park there, the employee’s injury, although incurred off site and not during work hours, will be found compensable.

Here is another illustration: An employee is released early from work, punches out and begins walking to a parking lot maintained by the employer for the use of its employees. The employee, while walking along the tracks of a railroad line that is a shortcut to the parking lot, is struck by a train. The shortcut is customarily taken by employees going between the lot and the premises. The employer knows of the shortcut, or acquiesces in employees’ use of the shortcut. Because the railroad line presents a special hazard and the shortcut is associated with access be-tween parking and work, the two elements of the proximity exception are met and the claim for injuries is compensable.3

One scenario in which both the Proximity and Premises Exceptions were rejected involved an employee who had decided to scale a fence surrounding a parking lot, where he customarily parked, rather than walk or take a shuttle to the

The Proximity Exception

While the building is being remodeled, employees are asked to park in the public parking lot

across the street... main entrance. He was injured in the course of climbing the fence. The appellate court did not view the fence as a special hazard. Instead, the court reached the conclusion that the employee unnecessarily exposed himself to risks that were of his own making, and were neither known of, nor approved of, by his employer.4

What if the off-site parking is not owned or controlled by the employer, and parking there is not sanctioned in any way by the employer? Given these facts, an employee who is injured while en route to or from such a location is subject to a peril that is common to the public at large and not contemplated by the employment arrangement. Therefore, an injury occurring at that location would not fall within the Proximity Exception and would not be compensable.5

FACTS: An employer arranged with a bus company to transport its employees to and from work. Em-ployees could use their own transportation, but if they chose to use the bus service, they were charged a daily fee. An employee riding the bus is injured when the bus hits a curb.

Compensable? Yes. When an employer agrees to provide transportation for its employees to travel to and from work, that travel is part of the employment, and the employer bears the respon-sibility for the risks encountered in connection with that transportation.6

The Employer-ProvidedTransportation Exception

We offer a shuttle busfor employees from downtownto the manufacturing plant...

Spring 2015 3

For Safety Tips to help minimize these possible injury exposures, see the tip sheet on page 8.

continued on page 4

4 Spring 2015

A related exception is the Free Transporta-tion Exception. Where an employee, as part of his contract of employment, is furnished free transportation to and from work, and an injury occurs during the period of transporta-tion, the injury is deemed to have arisen out of and in the course of the employment and is compensable.7 The free transportation excep-tion applies whether the employee is provided with the transportation or is reimbursed for expenses incidental to the work-related travel.

Thus, if the employer provides a company-owned or -controlled vehicle, travel in that free transportation will be deemed part of the employment. In a decision from the Maryland Court of Appeals nearly 50 years ago, an employee who was on call 24 hours a day, who was given the use of a company truck with no restrictions, and who was involved in an accident while driving home from the local tavern on a Sunday evening, was found to have sustained an accidental injury arising in and out of the employment. The court found that the accidental injury arose out of and in the course of employment given that the arrange-ment between the employer and its employee for free use of the truck at all times was for the employer’s convenience. The fact that the em-ployee had stopped at a bar on the way home was immaterial.8

If the employer reimburses the employee for the entire cost of traveling to and from work, such as paying for a monthly public transit pass, an obligation is created that effec-tively brings travel by such conveyance within the scope of employment.9

However, if contractually provided travel expenses bear no relationship to actual expens-es, this exception may not apply.10

FACTS: An employee is injured while

driving his own car to work. Compensable?Ordinarily this would not be a compen-

sable claim under the Going and Coming Rule. However, what if the employer requires the employee to drive his car to work and have it available during the workday?

The Maryland Court of Appeals greatly expanded employers’ exposure under workers’ compensation by establishing the “own con-veyance exception” in a 1993 decision involv-ing an employee who was required, as a condi-tion of the employment, to bring with him his own vehicle for use during the working day. The court held that travel incidental to going to or coming from work under such a scenario constituted an extension of the employment. In that case, the employee was driving home from work in his own car when he was involved in a serious accident. While there was no em-ployment purpose evident from the commute home, the court focused on the employer’s requirement that the employee, an outside salesman, have his car available during the workday and reasoned that such a requirement encompassed his drive from home to work and back again.11

The Free Transportation Exception

...in additionto our benefits package, we will provide you with

a companycar...

The Own-ConveyanceException

We need you to be available to use your personal vehicle for

sales calls, small deliveries etc.

1 Saylor v. Black and Decker, 258 Md. 605 (1970)2 Wiley Manufacturing Co. v. Wilson, 280 Md. 200 (1977)3 Wiley supra4 Henville v. Southwest Airlines, 142 Md. App. 79 (2002)5 Board of County Commissioners v. Vache, 349 Md. 526 (1998)6 Lee v. BSI Temporaries, Inc., 114 Md. App. 1 (1997)7 Lee v. BSI, supra8 Rumple v. Henry Meyer Co., 208 Md. 350 (1955)9 Ryan v. Kasaskeris, 38 Md. App. 317 (1997)10 Tavel v. Bechtel Corp., 242 Md. 299 (1966)11 AlitaliaLinee Aeree Italiane v. Tornillo, 329 Md. 40 (1993)12 Reisinger-Siehler Co. v. Perry, 165 Md. 191 (1993)13 Fairchild Space Co. v. Baroffio, 77 Md. App. 494 (1989)14 Stoskin v. Board of Education, 11 Md. App. 355 (1971)15. Roberts v. Montgomery County, Md. 436 Md. 591 (2014)

Spring 2015 5

FACTS: An employee is injured while driving to

the worksite on a scheduled day off. Is this injury compensable?

While this would appear to fall within the Going and Coming Rule, another exception – the special errand exception – could apply.

We will need to obtain more facts.

Employees who find themselves traveling as a result of being “on-call” may come within this exception to the Going and

Coming Rule. A frequent scenario is when an employer requests that its employee come in to the workplace outside of normal work hours, such as a custodian summoned by his employ-er to respond to a police call that lights are on in a building at night.12 An injury that occurs while en route to or from the workplace for this purpose is viewed as a special errand or mission that would not have been undertaken except for the obligation of employment. In this case, the element of urgency may trans-form the trip from a regular commute into a special errand.

What if an employee is called in to work earlier than usual and is involved in an acci-dent en route? The Maryland Court of Spe-cial Appeals did not apply the special errand exception in this scenario, reasoning that the employee, who was a salaried Contracts Administrator, and occasionally performed some tasks outside of regular work hours, was not subject to a special inconvenience or sense of urgency by virtue of the fact that she had to report to work one half hour early.13

Need more information? Chesapeake Employers can help.As you can see, there are numerous exceptions to the Going and Coming Rule, and whether an injury occurring off site is compensable will depend in large part on the particu-lar facts of the case. Timely and thorough investigation of the facts will enable your Chesapeake legal and claims professionals to determine whether any of the exceptions may apply. We stand ready to assist you in evaluating these scenarios as your questions arise.

FACTS: An employee is injured while driving

home from work when books she has brought with her from work to review fall inside her car causing her to lose control.

Is this compensable? Perhaps. The question here is whether the employee was required as a part of her employment to take the books with her. If she was, there could be both a business and personal purpose to the commute, and thus the injury may be compensable.

An employee who is injured during the course of a trip to or from work that serves both a business and personal purpose is within the course of employment if the trip involves the performance of a service for the employer that would have caused the trip to be taken even if it had not coincided with the personal journey.14 For instance, the employer asks the employee to deliver an envelope filled with business documents to a particular location while en route home from work. An accident occurring at any point during the journey, even after completion of the requested task, may be compensable provided that there is no substantial deviation from the intended route.

FACTS:An employee is involved in a motor vehicle

accident while on duty, being paid, traveling between his employer-encouraged physical training session and the firehouse where he worked.

Is this compensable? Yes. The positional risk test is essentially a “but for” test. An injury arises out of the employment if it would not have occurred but for the fact that conditions and obligations of the employment placed the employee in the position where he was injured. The employee was determined to be traveling from one site where he was engaged in em-ployer-encouraged activities, to another site, where he was engaged in a work-related task, to which his employer acquiesced. 15 n

The Special ErrandException

With inventory going on, I need you to be on-call

this weekend.

The Dual PurposeException

The Positional RiskException

Can you drop this envelope off to our accountant on your way home

tonight?

lthough there are currently no specific OSHA standards for accident investiga- tion, Chesapeake Employers has devel- oped these tips based on best practices in this area. As a rule, all accidents and incidents should be investigated, regardless of their severity.

Ultimately, you are trying to determine the facts about the accident – who, what, when, where, why and how. Follow these eight steps to ensure a thorough accident investigation:

1. Respond to the emergency – • First, see that any injured person receives medical attention, if needed. • Second, secure the area; use barricades or caution tape to keep people from changing the

scene in any way. • Follow your company procedures to shut down

the involved equipment or area until it is safe.

2. Collect evidence and record data – • Begin gathering information to determine

what happened. • Inspect and record any physical characteristics

or conditions of the accident site. • Preserve any physical evidence, such as potentially defective equipment. • Take photos to help preserve the scene.

3. Conduct interviews and identify potential witnesses – • Find out whether any employees saw or heard

anything that may explain the incident. • Talk to individuals separately. Interviews should

be done as soon after the accdent as possible while the facts are still fresh in people’s minds.

• Obtaining signed statements as soon as possible following an accident, incident, or near miss ensures that you have an accurate account of how the event occurred.

4. Prepare the investigation reports – Fill out the appropriate Chesapeake Employers’

accident investigation form(s), giving an accurate accounting of all the facts. These forms are avail-able in English and Spanish at www.ceicwc.com.

Accident Investigation: Finding Fact, Not Fault steps to conducting an accident investigation

A

For Employers & Supervisors

On-demand Webinar: Conducting an Effective Accident Investigation FREE to view detailed information covered includes:• When to conduct an accident investigation• Conducting interviews and identifing potential witnesses• Preparing the investi- gation reports and root cause analysis View the Chesapeake Employers’ webinar by visiting the Safety University section of www.ceiwc.com. Training Presentations Section.

Continue the learning online.

8

6 Spring 2015

5. Review the data – Review all accident investigation documentation as soon as possible with the following in mind:

• Are all the facts consistent with each other? • Has all the documentation been completed

thoroughly? • What could have contributed to the accident? • What could have failed or did not occur that

could have caused the incident? • Has a previous action been taken to correct

this problem? If so, what was it? Why did it fail this time?

6. Root cause analysis – The supervisor or accident investigator should take care when de-

scribing the cause of the accident or incident to make sure it is described both accurately and

clearly. He or she should identify all possible causes, preventions and controls. Causal factors may include:

• equipment, • the environment, or • people.

7. Implement corrective actions – Determine how the information gathered in your

accident investigation can be used to implement corrective measures to prevent accidents and injuries from occurring in the future. Follow your organization’s protocol for making any necessary changes. Corrective actions can include:

• Eliminating the hazard (most effective); • Engineering solutions; • Administrative changes; • Training; • Personal protective equipment; • Labeling/warning signs (least effective).

8. Follow up – • Check back regularly with those who experienced the accident or incident to ensure

the appropriate remedies have been put in place and are working as intended.

• Be sure to update your organization’s safety policy with any changes that resulted from recommendations made as a result of your investigation.

REMEMBER to Complete the Accident Investigation FormsWhen You Have a Workplace Injury fter your injured worker has received medical treatment and you have reported the injury to Chesapeake, the next important step is to conduct the accident investigation using the three Accident Investigation Forms. The forms are included in your Employers’ Hand-book and can be downloaded from the Chesapeake Employers’ website. These forms are also available in Spanish.

Accident investigation forms/statements should be filled out by the: • injured employee • supervisor • and any witness(es) to the accident

Train your supervisors to conduct the preliminary investigation as soon as possible. Care must be taken to assure the investigation is fact finding, not fault finding. The injured worker’s memory of the details around the accident may change over time. Obtaining signed statements as soon as possible following an accident ensures that you, the employer, have an accurate account of how the injury occurred. The completed forms also help to spot possible third-party liability as well as possible fraudulent claims.

Q. After I have these forms completed, what do I do with them?Please mail or fax the completed and signed forms to your claims adjuster and keep a copy for your files. These completed forms can provide valu-able information in a claims investigation of an injury and for developing the defense in the event of a workers’ comp hearing.

Q. What if my employee refuses to fill out or sign an Employee’s Report of Injury?Of course, you cannot make an employee fill out the document. You can, however, stress the importance of getting his or her account of the accident to set the record straight and to help prevent the accident from happening again. Also, still obtain the supervisor’s report as well as any witness statements.

Q. What if my employee has retained an attorney? Can I still ask the injured employee to fill out an Employee’s Report of Injury?Yes. You, the employer, as part of your company’s accident management plan, can still ask the employee to fill out the report form.

Investigation Forms Q&A

FORMS Reminder Claims 101 Investigation

Visit www.ceiwc.com - publications section to download forms

Spring 2015 7

Employee

Supervisor

Witness

A

Accident Investigation Forms Also Available

in Spanish

For Employers & Supervisors

8 Spring 2015

• Make sure the employer-owned or provided parking and walking areas are well lit and in good repair.

• Be sure employee parking lot(s) are well con-trolled in terms of vehicle exposures. Be sure that traffic direction, pedestrian crosswalks, blind spots and other warnings are clearly marked. First-time vehicular visitors are

especially in need of this warning information.

• Remove snow and ice as soon as possible from walking and parking surfaces. Have a snow removal plan for your workplace.

• Escort with a witness all terminated employees to their vehicles and off the employer’s prem-ises. You don’t want a terminated employee having an unwitnessed trip or fall on your premises and possibly filing an injury claim.

• Know where your employees are parking, especially if you provide offsite parking areas owned or maintained by your company.

• Are there any special hazards the employees may encounter while walking to your place of business from the employer-owned park-ing areas? Railroad tracks, steep inclines or unpaved pathways, staircases, construction debris, alleys, etc. As an employer, are you controlling these special hazards effectively?

• If you have employees taking unsafe walk-ing shortcuts, issue regular reminders to all employees of the proper route/path to use while walking to your premises.

• If an employer provides a company-owned or leased vehicle to an employee, special safeguards need to be followed, regardless of the number of business miles driven. Driving records should be pulled on a regular basis and written acceptable driver record criteria (based on points and accidents) should be developed, documented and enforced.

These rules also apply to those employees who use their own personal vehicles for regular “business” use, whether or not they are reimbursed for mileage.

• Be careful in requesting “urgent” and/or special errands of your employees. The element of urgency may change the trip from a regular commute into a special errand. Even asking employees to pick up lunch for others on the way back from their lunch break could be construed as “in the course of employment.”

• Be cautious in asking disgruntled, poor per-forming or new employees to be on-call or to run urgent errands after hours. Their lack of focus and potentially negative attitude in running the errand may lead to an accident.

The “Going & Comingfrom Work” Rule:

Premises ExceptionSafety Tips

Proximity ExceptionSafety Tips

Special Errand Exception Safety Tip

Employer-Provided Transportation Exception Safety Tip

Chesapeake Employers = Vigilant Guardian

Recent Success Cases at the Maryland Workers’ Compensation CommissionChesapeake Employers’ legal and claims professionals work in tandem to successfully litigate numerous hearing cases in front of the Maryland Workers’ Compensation Commission. Our thorough case preparation, investigation and defense help to keep premium costs fair by limiting unnecessary and excessive awards or claim payments. Here are a few summaries of recent hearing cases in which the Commission ruled in our favor.

Successfully Defended

Spring 2015 9

Knee Deep in Confusion Chesapeake Employers had this case before the Com-mission on the issue of causal relationship to the left knee. Our argument was that there was no mechanism of injury in any record. The claimant testified that there was a “pop” in the back of his knee when a sofa was lifted. But there was no knee trauma [recorded] at that time. The claimant testified that there was always knee pain and was unsure why it never made its way into re-ports. The Commission was initially not persuaded by the defense argument but, with no causal relationship shown by the claimant, Chesapeake’s closing argument on the burden of proof swayed the court’s opinion in favor of the policyholder.

Middle Trigger Finger Case In this case, the claimant alleged to have suffered an occupational disease of the left middle finger (also known as the trigger finger). There was a prior left middle finger case in which the claimant had already received a permanency award and that claim had been settled. The current occupational disease was brought as a new claim. Multiple witnesses were brought by the defense. Defense counsel was able to show that the claimant’s work had not decreased and her treatment was consistent from the prior claim. Compensation was disallowed based on no disablement.

Falling Short of the StandardOur claims and legal professionals worked together to defend this contested claim on the issue of occupational disease. The claimant alleged to have developed carpel tun-nel syndrome due to employment. At the hearing, there was a submission of the medical reports with the legal argument. Chesapeake was able to successfully argue that the claimant had failed to produce any report that met the standard to a reasonable degree. The Commission agreed.

Poking Holes in the StoryThis claim of injury to the neck and back was successfully defended at the Commission. The claimant alleged that injuries to the neck and back were experienced while lifting a patient at an assisted living facility and later while stopping a patient from falling. The success of this defense rested on the cross-examination of the claimant. The defense counsel effectively poked multiple holes in the claimant’s story. There were inconsistencies, conflicting statements and evidence that this was a retaliatory claim.

Shaking Things Up at the Soda MachineThe legal team, with the help of claims adjusters, tried this case before the Commission on the issue of accidental injury. The defense counsel brought the claimant’s supervisor as a witness. The claimant testified that on a specific date in 2014, an injury happened to the left hand by falling into a soda machine while at work. Cross-examination showed that the claimant’s First Report of Injury described a fall involving steps and revealed nothing about a soda machine. Our witness helped provide evidence that there was nothing during that time that would have caused the claimant to fall into the soda machine.

Q. My injured employee received a permanency award and remains off work. What does Chesapeake Employers do to follow up and check on the worker’s condition?

A. Chesapeake Employers doesn’t just send out checks and forget about the claimants. Our Special Investigations Unit will schedule visits also known as “Alive and Well Checks.”

Alive and Well Checks serve multiple pur-poses. They allow Chesapeake to have face-to-face meetings with claimants to let them know that their treatment remains a priority for Chesa-peake and to make sure that they are receiving the appropriate benefits. We also ask them if they are interested in setting up direct deposit to receive their payments. The checks/visits

also serve to let the claims adjuster know if anything has changed in the claimant’s situation that would impact the claim, such as a return to work or a change in activity level. On average per year,

Chesapeake conducts hundreds of “Alive

and Well Checks” on claimants

living in Mary-land as well as out-of- state.

As Maryland’s leader in workers’ compensation insurance, Chesapeake Employers’ professionals are here to help answer your questions. We also encourage you to contact your agent partner and to visit our website, www.ceiwc.com, for more frequently asked questions and answers.

SpecialistsAsk the

Chesapeake Employers’

Q. I have been president of a distribu-tion warehouse for more than 25 years. Recently, I’ve experienced an increase in workplace accidents. I wrote a basic overview of company safety rules and regulations and I posted my commit-ment about safety on the bulletin board. I also mounted safety posters through-out the warehouse. Now it seems these tools are no longer effective in control-ling accidents. What else can I do?

A. No one can argue against the importance of maintaining a strong managerial commitment to promoting safety in the workplace. Posting safety posters and making employees abide by safety rules are fine. However these mechanisms may become stale after a while.

What is needed are more supervisory and employee “buy in” tactics. For instance, having regularly scheduled safety meetings and asking staff for its feedback on the effectiveness of the company’s safety policies can provide great insight into what is “wrong” and “right” with the program. This allows employees to have a great-er sense of ownership in developing innovative and practical safety solutions. Employee involvement tends to bolster compli-ance with safety rules and elevate overall morale.

Thus, it is this “buy-in” that is a major component of a successful safety program that enables employees to become “engaged” with man-agement in fulfilling the common objectives of providing a safe and healthy workplace.

Pete Holzberg, Safety Management

Specialist

Bob Treziak, Field Investigator

BobPete

Do you have a workplace safety question?

Visit the “Ask Pete” section under Safety University at www.ceiwc.com to submit your workplace safety question.

Ask your employees what fall protection equipment is. What are the different kinds and what do they do? Are they fall arrest or fall restraint – and what is the difference? For the OSHA standards on fall arrest and restraint equipment, click here.

Personal Fall Arrest Systems (PRAS) –equipment that stops a fall in progress

• Full-body harness with an energy absorbing connecting device and approved anchorage points • Safety nets • Self-retracting lifelines with

approved anchorage points

Fall Restraining Devices – equipment intended to keep a fall from happening in the first place

• Guardrails • Hole covers • Positioning devices

Ask your employees to identify specific work situations when fall protection is necessary. OSHA requires that workers use fall protection when working at a height of 6 feet or above dangerous equipment regardless of height.

Explain any company specific policies on when certain kinds of fall protection equipment must be used. Address any particularities about that equipment, including any concerns you have with how it has not been used safely in the past and any confusing points about set-up or use.

Ask if your employees have any questions. If not, quiz them on fall protection concepts. Sample question: A personal fall arrest system consists of:

(a) An anchorage and a body belt(b) An anchorage, lanyard and connectors, and a body belt(c) An anchorage, lanyard and connectors, and a full body harness(d) A well fitted harness

For a practical review of fall protection equipment, see OSHA’s Fall Protection e-Tool in English or Spanish.

VOCABULARYAnchorage points – Puntos de anclaje [POON-tohs day ahn-KLAH-hay]

Body belt – Cinturón de seguridad del cuerpo [seen-too-ROHN day say-goo-ree-DAHD dell KWAIR-poh]

Fall arrest – Detención de caídas [day-tain-SEE-OWN day kah-EE-dahs]

Fall restraint – Restricción de caídas [race-treek-SEE-OWN day kah-EE-dahs]

Guardrail system – Sistema de barandas [seese-TAY-mah day bah-RAHN-dahs]

Harness – Arnés de seguridad [ar-NACE day say-goo-ree-DAHD]

Hole cover – Cubierta protectora de huecos [koo-BYAIR-tah pro-taik-TOH-rah day WAY-kohs]

Lifeline – Línea de vida [LEE-nay-ah day VEE-dah]

Safety net – Red de seguridad [raid day say-goo-ree-DAHD]

USEFUL EXPRESSIONWork above 6 feet – Trabajo a más de seis pies de altura [trah-BAH-hoh ah mahs day sace pyace day ahl-TOO-rah]

3

OSHA reports that falls are the leading cause of deaths in the construction industry. Help keep your employees safe by reviewing when and how to use fall protection

equipment at your workplace in accordance with OSHA's safety standards.

2

4

5

1

FALL INTO SAFETY

In your training session:

Disclaimer: This information and any noted recommendations are advisory only: Chesapeake Employers' Insurance Company assumes no liability for identification or correction of conditions or hazards as the safety and health of employees remains the employer’s responsibility. Not all foreseeable hazards or conditions in need of correction, and not all possible controls to address them, may be listed. Use of all or part of this safety information does not relieve employers of their responsibility to comply with all current and applicable local, state and/or federal laws, regulations and codes. While the information herein is believed to be current as of the date published, the reader should rely upon the most current standards as laws, codes, and regulations are updated frequently. For more information on our safety services, go to www.CEIWC.com.

TRAININGfall preventionsafety training 1

© 2014 Chesapeake Employers’ Insurance Co., Rev. Jan. 2014

Free Safety Training Materials & PostersVisit Chesapeake Employers’ Safety University & the Publications page at www.ceiwc.com to download safety training & tip sheets or order safety publications and posters.

Safety Messaging & Training Tools

Spring 2015 11

• Wear PPE including:• Heat-resistant gloves

that protect the wrists

• Safety goggles

• A long sleevedcotton shirt

• Long, cuffless pants

• Non-slip work boots thatprotect the ankles

• Clear any trip-hazards in the work area.

• Drink water on hot days to avoidheat-related stress injuries that can be aggravated by hot tar and asphalt fumes.

• Be aware of electrical hazards in every worksite.

• Use barriers around the tar kettle.

• Keep all flammable materials away from the tar kettle.

• Keep the heated materialat a temperature at least 25° cooler than its flash point.

• Use a pump to transfer the hot tar or asphalt to the roof (instead of buckets if possible).

• If you do use buckets: • Don’t fill the buckets

more than ¾ full.

• Cover the buckets with lids or splash guards.

• Use a hoist to bring the tar or asphalt to the roof.

• Make sure that no one stands near or below the hoisted buckets.

• Be prepared for emergencies with:

• Cool water

• A multipurpose fire extinguisher

• First aid supplies

• Twist mops to get them out of buckets instead of pulling them.

Disclaimer: This information and any noted recommendations are advisory only: Chesapeake Employers' Insurance Company assumes no liability for identification or correction of conditions or hazards as the safety and health of employees remains the employer’s responsibility. Not all foreseeable hazards or conditions in need of correction, and not all possible controls to address them, may be listed. Use of all or part of this safety information does not relieve employers of their responsibility to comply with all current and applicable local, state and/or federal laws, regulations and codes. While the information herein is believed to be current as of the date published, the reader should rely upon the most current standards as laws, codes, and regulations are updated frequently. For more information on our safety services, go to www.CEIWC.com.

Preventing Hot Tar & Asphalt Burns

© 2014 Chesapeake Employers’ Insurance Co., Rev. April 2014

© 2013 Chesapeake Employers’ Insurance Co., Rev. Dec. 2013

Esta información y cualquier recomendación incluida son exclusivamente consultivas: Chesapeake Employers’ Insurance Company no asume ninguna responsabilidad por la identificación ni la corrección de condiciones o peligros porque la seguridad y la salud de los emplea-dos siguen siendo la responsabilidad del empleador. Es posible que no todos los peligros o las condiciones predecibles que necesitan ser corregidos, y no todos los medios para abordarlos, sean incluidos en este documento. El uso de todo o parte de esta información sobre la seguridad no libera los empleadores de su responsabilidad de cumplir con todas las leyes, las regulaciones y los códigos locales, estatales y/o federales que sean actuales y aplicables. Se cree que esta información aquí es correcta y actual a partir de la fecha de publicación, pero el lector debe confiar en las normas más recientes porque las leyes, los códigos, y las regulaciones se actualizan frecuentemente.

Hágase responsable y limpie los derrames. ¡Nunca se sabe quién puede venir detrás y resbalarse!

• Cableseléctricos– Mantenga los cables de alargue alejados de las zonas de paso. Use tapacables si es necesario.

• Repareoreemplace – Preste aten-ción a escalones que estén rajados o gastados. Use alfombrillas antidesli-zantes.

• Coloqueconosnaranjas de “adver-tencia” para alertar del riesgo de un posible resbalón, tropezón o caída.

• Materiales – No almacene materiales en vestíbulos, pasillos o escaleras.

Evite resbalones, tropezones y caídas

Nunca coloque un cable eléctrico en medio del paso.

• Pisosmojadosoencerados – Tenga cuidado con los pisos que han sido encerados pero no lustrados.

• Alfombras – Asegúrese de que ningún tapete o alfombra esté deshi-lachado y que estén bien colocados o tengan bases antideslizantes debajo.

• Pisosflojos – Tenga cuidado cuando camine sobre baldosas, ladrillos, cal-zada o pisos flojos.

• Superficiesmojadas – Limpie o in-forme cualquier derrame de inmedia-to. No espere que un derrame pequeño se seque por sí solo.

• Pisosconaceiteograsa – Tenga tra-pos y detergente a mano siempre que use materiales aceitosos. No deje que se acumule grasa o aceite en el piso de un negocio.

• Pisosdesordenados – Hasta un pequeño objeto en el piso puede causar un tropezón y una caída.

¡No lleve cosas si no puede ver por dónde camina!

• Busqueayuda – Lleve sólo lo que puede manejar. No se apure.

• Gavetas – Manténgalas cerradas.• Iluminación – Asegúrese de que las

escaleras y los pasillos estén bien iluminados.

• Nuncauseuna“escaleraimprovisa-da” – No use muebles o cajas como escaleras improvisadas. Use una escalera de tijera o banquito firmes y equilibrados fabricados específica-mente para ese fin.

• Presteatenciónalosdobladillosypuños – Deben ser lo suficientemente cortos para que no se enganchen cuando va caminando.

• Nosalte – Descienda con cuidado de plataformas, camiones o tarimas de trabajo.

Safety training tip sheets

Safety training flipbooks & brochures

Some itemsavailable in Spanish

8722 Loch Raven Blvd.Towson, MD 21286-2235

PRSRT STDU.S. POSTAGE

PAIDPermit No. 1962Baltimore, MD

WASHINGTON AREANEW AUTOMOBILE

DEALERS ASSOCIATION

Proud insurance partner with these associations and safety programs:

Main Number ........................... 410-494-2000Outside the Baltimore Area ... 1-800-264-4943www.ceiwc.com

This information tool is provided as a service by Chesapeake Employers and your agent

MHI MarylandHomeImprovement

Like us on Facebook & get more safety tips. Visit CEIWC.com and click on our Facebook icon link.

f

NEW Safety Flicks Streaming Video Titles Announced New video titles by WUMBUS include:• Blink! A Practical Approach to Workplace Stretching • A Better Way to Lift • The Safe Operation and Use of Ladders • Backing Accident Prevention for the Sanitation Driver • Understanding and Safely Using Fall Protection • Hazard Communication Safety

Visit www.wumbus.com to preview the new video titles. Chesapeake Employers’ policyholders with an eServices account can visit the Chesapeake Safety Flicks webpage to stream videos or request a DVD. Most safety training videos produced by WUMBUS are 10-15 minutes in length. Additionally, Safety Flicks training videos now include an interactive Question & Answer quiz feature.

IMPORTANT!OSHA Updates Recordkeeping RuleOSHA has updated its recordkeeping rule, expanding the list of severe injuries and illnesses that employers must report to OSHA. As of January 1, 2015, all employers under OSHA or MOSH jurisdiction must report: • ALL work-related fatalities within 8 hours.• ALL work-related inpatient hospitalizations within 24 hours.• ALL work-related amputations or losses of an eye within 24 hours.Maryland employers can report to OSHA at:• Maryland MOSH statewide: 1-888-257-6674• OSHA National Reporting Hotline: 1-800-321-6742• OSHA will be developing web-based reporting in the future.

OSHA has also updated the list of industries exempt from record keeping requirements. Visit www.osha.gov/recordkeeping2014 for more information.

NEW & FREE Smart Phone App Available From NCCI

A new smart phone look-up app for the Employer Work Comp Insurance Coverage Verification Service (CVS) is now available from NCCI. You can check coverage verfication for employers and subcontractors in Maryland and 30 other states plus Wash., D.C. Information and instructions are available on the Maryland Workers’ Compensation Commission’s website at www.wcc.state.md.us.

Tree CareExperts

SAFETY Program