Risk & Safety Tips from the ILLINOIS PUBLIC RISK FUND IPRF.com ISSUES MAY 2020 Vol. 19, No. 3 • Bi-Monthly Issue
ILLINOIS PUBLIC RISK FUND 3333 Warrenville Rd. Cost Control Through Cooperation Since 1985 Lisle, Illinois 60532
INSIDE THIS ISSUE: FMLA & Workers’ Compensation ...... 2 Important Covid-19 Rule Rescinded ...... 3 IWCC Suspends Regular Operations ...... 3 IPRF Team Members Work From Home ...... 4 IPRF Members Work From Home ...... 5 Returning To Work After Covid-19 ...... 6 & 7 IPRF Legislative Watch List Update ...... 8 IPRF Risk Reminder: Emergency Planning . . . . . 9 Telemedicine: Medical Care Made Easy ...... 10 IPRF Announcements ...... 11 IPRF Claims & Loss Control Directory ...... 11
Midewin National Tallgrass Prairie, Wilmington, Illinois FMLA AND WORKERS’ COMPENSATION
The Federal Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job- protected leave for specified medical reasons. The Federal Family and Medical Leave Act and Illinois State Workers’ Compensation Act may both be triggered if an employee suffers a serious work-related health condition. IPRF considers it a best practice to initiate FMLA as soon as you believe the employee qualifies, but you may also be permitted to apply it retroactively, subject to FMLA guidance. COVERED EMPLOYERS Public entities and public/private elementary and secondary schools are considered a covered employer, regardless of the number of employees. EFFECTIVE COMMUNICATION Effective communication is key to a successful FMLA Program. Employers are required to provide employees with the following: • Post a notice on the rights and responsibilities ELIGIBLE EMPLOYEES under FMLA. An employee is eligible for FMLA leave if they meet • Provide FMLA information to new employees hired the following criteria: and include FMLA information in the employee handbook. • Works for a covered employer. • Notify employees concerning their eligibility status • Has worked for the employer for at least and rights and responsibilities under the FMLA. 12 months. • Notify employees whether specific leave is • Has at least 1,250 hours of service for the designated as FMLA leave and the amount of time employer during the 12 month period that will count against their FMLA leave entitlement. immediately preceding the leave.
For more information on FMLA go to: https://www.dol.gov/agencies/whd/fmla/factsheets
24/7/365 CLAIMS Illinois Public Risk Fund REPORTING 1-844-522-6082 Email: [email protected] STAY CONNECTED IPRF & SOCIAL MEDIA IPRF IS WAIVING ALL OVERTIME PREMIUM COSTS Illinois Public Risk Fund for at least the months of March, April & May! Join Us, You Are Always Welcome! www.iprf.com | @IllinoisPRF OUR BUSINESS IS AAA YOUR WELL BEING IPRF has continuously received the highest ILLINOIS PUBLIC Illinois’ largest self-insured pool for Workers’ Compensation, financial stability rating RISK FUND successfully serving public entities since 1985. “AAA” Unsurpassed.
Page 2 IMPORTANT COVID-19 RULE RESCINDED Following an emergency meeting on May 5, 2020, the Illinois Workers’ Compensation Commission has decided to withdraw its recently adopted Rule which created a rebuttable presumption for employees who are exposed to COVID-19. The Rule had created a great deal of concern among Illinois employers, who faced the difficult burden of proving that an employee’s positive COVID diagnosis was not related to a workplace exposure. The Illinois Manufacturers’ Association and Retail Merchants Association spearheaded a legal challenge to the Rule, and last week successfully obtained a temporary restraining order prohibiting enforcement of the Rule, pending further hearings. The Commission has opted to rescind the Rule, rather than trying to uphold it in Court. We believe the Commission will re-focus its efforts to create the rebuttable presumption by making substantive changes in the Workers’ Compensation and Occupational Diseases Acts through the legislative process. The Commission has indicated it will create a committee to consider further action on this issue. IPRF will continue to provide updated information as it is received.
ILLINOIS WORKERS’ COMPENSATION COMMISSION Suspending Regular Operations for the month of April Possibly Causing Continuances Based upon the continuing National Emergency and Worldwide Pandemic created by the COVID-19 virus, as well as the lack of technological resources, the Illinois Workers' Compensation Commission must suspend regular operations during the month of April 2020. The Commission will continue all cases to their next regularly scheduled 90-day continuance date. Matters pending on the Commission Review Calls for Oral Argument during the months of March and April will be decided by the members of the Panel, as assigned, if the parties waive Oral Argument. A representative of the Commission will contact the attorneys to determine whether they wish to waive Oral Argument. If Oral Argument is waived, a Decision on Review will be issued by the assigned panel as quickly as possible. The Commission will continue to conduct previously set Emergency Motion Calls for EMERGENCY motions, ONLY. An “Emergency Arbitrator” will be available at the locations and on the dates and times set in the below schedule (this will be updated on a weekly basis) for presentation of “valid” emergency motions only. “Valid” emergencies include issues involving the expiration of a statute of limitations, a party can reasonably be expected to suffer an unacceptable hardship, if not heard on an expedited basis. Motions which do not constitute “valid” emergencies will be stricken. Simply put, if the emergency basis of the motion is not a valid emergency that justifies the risk associated with holding an in-person hearing in the midst of a national emergency and global pandemic, the motion will be stricken. Access to the Emergency Motion Call will be limited to one individual per party. Parties Illinois Workers’ may be required to sign in and out of the facility. The Emergency Arbitrator is empowered to manage the Call in a manner he or she believes is reasonable to ensure Compensa on the administration of justice and minimize the health and safety concerns connected Commission to the COVID-19 pandemic. Refusal to follow the directions of the Emergency Arbitrator will be grounds for removal from the Call and striking of the motion.
USING IPRF RX CARDS FOR WORK INJURIES Did you know that you can use an IPRF Rx card to pay for prescription drugs related to a covered work injury? In order to provide the best claims experience to IPRF injured employees, IPRF partners with CastiaRx, to provide customized Rx cards for employees who require prescription drugs. The card can be used at all major retailers and will cover 100% of the work related prescriptions. When you file a claim with your employer, they will provide you with all the information needed to fill your first prescription. You will then receive a personal card in the mail a few days later. This card can then be used throughout the life of your claim to pay for all prescriptions, related to the work injury. Please contact your IPRF Claim Advocate with any questions on Rx cards or for any assistance with your claim.
Page 3 IPRF TEAM MEMBERS
Welcome to my cubicle! My home office. My home office. Lisa Spangler, Claims Advocate Pam Widule Thomas P. English
Home work station and my horrible I can’t remember...do I work from I am way overdue for a haircut attempt at growing a beard...ha! home or do I live at work? and shave to be in this photo! Kevin O’Rourke, Claims Supervisor Robert M. Buhs, Executive Director Daniel R. Stella, Claims Supervisor
Squirt bottle of water within reach in the event dog barks while I’m on a call. My home office. I am out of bed and I made it Sweat pants are the uniform of choice. Thalia Nevels, CCLS to my keyboard! Ryan R. Evers, Claims Advocate Claims Advocate Elena Lumbreras, Claims Supervisor
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Working from home with man’s (and woman’s) best friend. Work from home assistant proofreading Salt Creek Park District, Kelly Sisco dad’s work! City of St. Charles, Guy Hoffrage
Layla, our 2 year old Rottweiler is keeping me company Becky Tilton, Recreation Supervisor, while working from home. Lorraine Solimeno New Lenox Community Park District
New Lenox Community Park District Personnel
Our members are doing great things, and we want to share that IPRF information in our bi-monthly newsletter. Please send photos to [email protected] with a brief description of what is happening, then check the IPRF newsletter to see if you’re photo has been featured. WE WANT YOUR PHOTOS FOR If your photo is selected, you walk away with awesome IPRF gear, THE IPRF NEWSLETTER! so snap away!
Page 5 CORONA VIRUS: PREPARING FOR THE RETURN OF EMPLOYEES In response to the spread of COVID-19, many businesses 4. Have you developed policies and procedures for were forced to take significant action, including closing or prompt identification and isolation of sick people? having employees working from home. The Occupational 4 Develop a process to move potentially infectious Safety and Health Administration (OSHA) has developed a people to a location away from workers, customers planning guide for preparing workplaces for COVID-19, and other visitors. and the Centers for Disease Control and Prevention (CDC) 4 has developed an interim planning guide for businesses Designate areas with closable doors as temporary and employers. The following questions and checklist are isolation rooms until potentially sick people can be based on these resources to assist employers in preparing removed from the work site. for their employees' return to work. 4 Identify ways to limit spread of the respiratory As you prepare for your employees return, evaluate your secretions of a person who may have a respiratory efforts by answering the following questions: disease. 1. Has your organizations Infectious Disease 4 Provide face masks and ask the infected employee(s) Preparedness and Response Plans been updated? to wear them. Review your current Human Resources policies and For the healthcare industry/emergency responders: practices to make sure that they are consistent with public 4 Develop a process to isolate people suspected of health recommendations and with existing local, state having the disease separately from those with and federal workplace laws. Assess your essential confirmed cases to prevent further transmission – functions and the reliance that others and the community particularly in work sites where medical screening, have on your services or products. triage or healthcare activities occur, using either 2. Have you classified permanent (e.g., wall/different room) or temporary your worker exposure to VERY barrier (e.g., plastic sheeting). HIGH disease? 4 Restrict the number of personnel entering isolation HIGH RISK Conduct an employee risk areas. assessment and classify MEDIUM RISK 4 Protect workers in close contact with a sick person or your employees in one of LOWER RISK (CAUTION) who have prolonged/repeated contact with such four categories: Very High persons by using additional engineering and exposure risk, High exposure risk, Medium exposure risk administrative controls, safe work practices and PPE. & Lower exposure risk (caution). The higher the risk category, the more workplace controls needed. 3. Have you implemented basic infection prevention measures? 4 Establish policies and practices for social distancing. 4 Require workers to stay home if they are sick. 4 Provide workers with up-to-date education and training on specific disease risk factors and protective behaviors (e.g., cough etiquette and care of PPE). 4 Post hand washing signs in restrooms including proper methods. 4 Discourage workers from using other workers' phones, desks, offices or other work tools and equipment. 4 Maintain regular housekeeping practices including: PLEASE • Routine cleaning and disinfecting of surfaces and equipment. • Increased availability of hand sanitizer. WASH YOUR • Additional trash cans or providing non-touch HANDS trash cans and non-touch soap dispensers.
Page 6 CORONA VIRUS: PREPARING FOR THE RETURN OF EMPLOYEES, cont.
5. Have you developed, implemented and 4 Increase the percentage of outdoor air that circulates communicated about workplace flexibilities into the system. and protections? 4 Install physical barriers, such as clear plastic sneeze 4 Ensure that sick leave policies are flexible and guards. consistent with public health guidance and that 4 Install a drive-through window for customer service. employees are aware of these policies. 4 Provide Personal Protective Equipment (PPE). 4 Talk with companies that provide your business with contract or temporary employees about staying at 7. Are you following existing OSHA Standards? home if sick. Some of the more relevant standards related to diseases 4 Consider not requiring a healthcare provider's note for include Hazard Communication, PPE, Bloodborne employees who are sick to validate their illness or to Pathegins (BBP) and the General Duty Clause. return to work. 8. Have you developed a return to work or operation 4 Implement flexible policies that permit employees to procedures and protocols? stay home to care for sick family members. 4 Develop a memo or other communication for 4 Provide information to minimize workers' concerns distribution to employees outlining the return to about pay, leave, safety, health and other issues that work process. may arise during infectious disease outbreaks. 4 Establish criteria for allowing workers to return to 4 Contact insurance companies and state and local work based on guidelines from the CDC or local health agencies to provide information to workers and department of health agencies. customers about medical care. 4 Review disinfecting protocol and procedures at work 4 Provide information about the company's employee with all employees, contractors and guests. assistance program (EAP) and community resources. References 6. Have you implemented workplace controls? Occupational Safety and Health Administration (OSHA) planning Implement engineering controls: guide for preparing workplaces for COVID-19. 4 Centers for Disease Control and Prevention (CDC) has developed an Determine if high-efficiency air filters are needed. interim planning guide for businesses and employers. 4 Increase ventilation rates in the work environment. Lies, M. (2020, March 24). Seyfarth Shaw LLP (Partner, Chicago) PPE
Page 7 ILLINOIS GENERAL ASSEMBLY (IGA) 2020 SPRING SESSION IPRF LEGISLATIVE WATCH LIST (UPDATED 04/08/20) The House and Senate have not been in session since April 3, 2020. Under the original session calendars, both chambers were not scheduled to be in session until a date in May yet to be determined. As of the writing of this update, it is very unclear when the General Assembly will return to Springfield. Chamber leaders have said to expect a very limited agenda when they do return, one that focuses on the budget and COVID-19 relief. Further, the legislative leaders also extended the committee deadline (the deadline for moving House bills out of the committee to the floor) to April 24. The Senate has extended the third reading deadline for Senate bills to May 7. The House has extended the third reading deadline to May 8, which will be a scheduled session day. GENERAL ASSEMBLY April 24, 2020 (Revised Date) Substantive Bills Out Of Committee May 7, 2020 (Revised Date) Third Reading of Substantive Bills (Senate) DEADLINE DATES May 8, 2020 (Revised Date) Third Reading of Substantive Bills (House)
Currently, we have 14 bills on our legislative watch list that we will be tracking over this legislative session. As we take an official position of these bills, IPRF will disseminate to our members Legislative Updates and when necessary, Call to Action Alerts to our Members. IPRF LEGISLATIVE WATCH LIST BILL SPONSOR SHORT DESCRIPTION LOCATION COMMITTEE ASSIGNMENT WORK COMP – Assigned to Labor and HB4151 Jay Hoffman COMMISSIONER SALARY House Commerce Committee INC TAX – WORKERS HB4859 Michael T. Marron COMPENSATION House Referred to Rules Committee FIRE MARSHALL – HB4901 Joyce Mason CANCER PREVENTION House Referred to Rules Committee UNEMP INS – HB5178 Michael Halpin WORKER COMP RATES House Referred to Rules Committee WORKER COMP Assigned to Labor and HB5366 Lawrence Walsh, Jr. CLAIM DEMOTION House Commerce Committee FIRST RESPONDER – Assigned to Human HB5485 Bradley Stephens PTSD House Services Committee WORK COMP PTSD Assigned to Labor and HB5569 Lindsey LaPointe FIRST RESPONDER House Commerce Committee WORKERS’ COMP SB1422 Laura M. Murphy REPETITIVE INJURY Senate Re-assigned to Judiciary WORKERS’ COMP – PTSD – SB2530 Michael E. Hastings EMS – POLICE Senate Assigned to Judiciary FIRST RESPONDER – Placed on Calendar SB3333 Robert F. Martwick MENTAL HEALTH DATA Senate 2nd Reading WORK COMP IMPAIRMENT Referred to Subcommittee SB3433 Donald P. DeWitte STANDARD Senate on Cannabis WORKERS’ COMP SB3560 John F. Curran SHOULDER – ARM Senate Assigned to Judiciary WORKERS’ COMP SB3561 John F. Curran APPEALS BOND Senate Assigned to Judiciary WORKERS’ COMP SB3689 David Koehler CLAIM DEMOTION Senate Assigned to Judiciary
Page 8 ILLINOIS PUBLIC R I S K R E M I N D E R RISK FUND
Emergency Planning
ELEMENTS OF THE PLAN A wri en emergency ac on plan must be developed to protect employees during foreseeable emergency situa ons. Elements of the Emergency Ac on Plan (EAP) must include at least the following items: Emergency Escape Procedures to include when to evacuate, how, and to where. TRAINING Procedures for remaining employees shu ng down The employer must designate and train sufficient equipment or cri cal processes. numbers of employees to implement various aspects A means to account for all employees and visitors on of the EAP. site a er evacua on has occurred. Employee rosters of Employers must review with each employee upon those working each day will need to be known or ini al job assignment those parts of the plan which the available. employee must know to protect the employee in the ALARM SYSTEMS event of an emergency. Employers must also create an audible alarm system. The wri en plan must be kept at the work place and The alarm system, or means of no fying employees made available for employee review. that an emergency situa on exists, must have BASIC TIPS dis nc ve signals for each type of alarm or emergency Know the loca ons of all exits and where emergency situa on, such as a fire evacua on or a tornado plans are posted within your facility. Evacua on warning. diagrams showing the loca on of fire ex nguishers, EVACUATIONS firefigh ng equipment, fire alarms and egress routes Evacua on types must be specified within the EAP and should be posted in each work area. under what emergency situa ons they are to be used. The purpose of an emergency plan is to avoid panic Refuge loca ons must be iden fied for each type of through an organized approach. All employees should emergency. know how to func on in an emergency.
Par cipate in emergency evacua on drills and review responsibili es for an emergency evacua on beforehand so that you know what to do during an actual emergency evacua on. The Federal Government provides the following internet web sites that offer informa on for Emergency Opera ons Planning: • Guide for emergency opera ons planning: www.fema.gov/ • Domes c Terrorism by Homeland Security: www.dhs.gov/topic/preven ng-terrorism
There are no second chances during a real emergency! IPRF Reminds You To Think Safety, Work Safely and Be Safe!
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ANNOUNCEMENTS DIRECTORY? Look no further!
IPRF Team Member Birthdays Sharita Bridges May Soo Hoo Thalia Nevels Jen Wagner Pamela Widule
Celebrating IPRF Anniversary Kevin O’Rourke 9 Years IPRF is privileged to have such a collective group of experienced and ambitious leaders to guide our organization. Their mastery efforts surrounding insurance has truly driven us to great heights. 24/7/365 CLAIMS REPORTING All contact information for the IPRF Claims and 1-844-522-6082 Loss Control Departments can be found by clicking here Email: [email protected]
ILLINOIS PUBLIC RISK FUND Cost Control Through Cooperation Since 1985 HOW CAN WE BETTER SERVE YOU? ILLINOIS PUBLIC RISK FUND The Illinois Public Risk Fund (IPRF) Cost Control Through Cooperation Since 1985 is dedicated to its members and is always working toward higher levels of service. TOLL FREE: 1-888-532-6981 We need your input on: Toll Free Fax: 1-888-223-1638 • Safety Concerns • Claims • Loss Control 3333 Warrenville Rd., Ste. 550, Lisle, Illinois 60532 • Timeliness of Claims Processing • Helpfulness & Courtesy of Our Claims Team Back issues available online at: www.IPRF.com The information contained in this newsletter has been obtained from Please contact Robert M. Buhs sources believed to be reliable, and the editor has exercised reasonable IPRF Executive Director care to assure its accuracy. However, the Illinois Public Risk Fund (IPRF) does not guarantee that the contents of this publication are correct, and the (708) 935-9979 or statements attributed to other sources do not necessarily reflect the email: [email protected] opinion or position of IPRF.
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