Archive for November, 2004

Environment, health & safety benchmark survey

Sunday, November 7th, 2004

Wondering how your health & safety department compares with those in other organizations? An environemnt, health & safety (EHS) benchmarks survey, recently released by the Bureau of National Affairs reports on a number of trends, including salaries, outsourcing trends, budgets and expenditures, and areas of responsibilities. The survey was conducted in conjunction with the National Association for Environmental Management. A free report on the EHS survey highlights is available in PDF. Among the findings:

  • More than half the EHS managers will have earnings of between $70,000 and $101,000 in 2004
  • There is about one EHS staffer for every 300 employees in the work force
  • The per worker median budgeted expenditure was $268, with roughly half of the respondents indicating projected outlays of $106 to $790 per employee.
  • Nearly 6 out of 10 respondents reported responsibility for EPA compliance, but fewer reported responsibility for OSHA compliance; nearly 25% reported that they had no responsibility for OSHA compliance.

More on the ADA

Friday, November 5th, 2004

Michael Fox from Jottings by an Employer’s Lawyer points us to a useful resource from the EEOC: How to Comply with the Americans with Disabilities Act: A Guide for Restaurants and Other Food Service Employers. And if ADA compliance has slipped off your radar screen lately, you may want to read Michael’s report about a recent $1.3 million jury judgment in a Louisiana disability case which involved the ADA.
And speaking of the ADA, Rafael Gely at LaborProf Blog pointed us to the National Bureau of Economic Research’s Digest. The current issue of the Digest features an article entitled Did the ADA Reduce Employment of the Disabled? This study refutes the notion that declines in employment of the disabled in the 1990s is related to the ADA as has been suggested:
“Jolls and Prescott infer that, apart from a short-term effect of the ADA’s requirement of special accommodations, the ADA was not causally linked to declining disabled employment over much of the 1990s. This conclusion, based on the relative effects of the ADA across states with different pre-ADA state-level regimes, stands in contrast to recent empirical work using national-level data. In light of their findings, Jolls and Prescott conclude that that the apparent negative employment effect of the ADA through much of the 1990s plausibly reflects not the impact of the ADA itself, but rather other contemporaneous changes disproportionately affecting individuals with disabilities.”

Middle Manager Discriminates, Senior Managers Pay

Thursday, November 4th, 2004

Can senior managers be held liable if a middle manager lies about the reasons for terminating an employee? You bet they can. In a recent federal case outlined in the Boston Globe, a court awarded $827,000 to a 62 year old former branch manager at Hertz Equipment Rental Corp. The fired manager had transformed a money-losing branch to profitability, but was fired by senior managers for

Workers compensation state News Roundup OR, AZ, MO

Wednesday, November 3rd, 2004

Oregon: Attempt to dismantle SAIF defeated
Voters cast a resounding no vote on Measure 38, a proposal to dismantle SAIF Corp.
The high-profile campaign to abolish SAIF Corp., the state-owned worker’s compensation insurer, was failing by a wide margin in early election returns. Liberty Northwest, the private insurer that bankrolled the campaign, conceded that Measure 38 was doomed in a written statement issued shortly after 8 p.m. Tuesday.

Arizona: WCRI profiles workers comp system

The Workers Compensation Research Institute recently issued a profile of the Arizona workers compensation system.
… notable features of Arizona’s workers’ compensation system included a lifetime entitlement to medical and indemnity benefits – payments to replace lost wages – and the active role of the state agency in educating and assisting system participants and reducing litigation.
However, injured workers were subject to some of the lowest weekly benefit levels in the country.

Missouri: Rate of increase declines for Missouri workers’ comp premiums
Safer workplaces appear to be slowing the premium increases for workers’ compensation insurance in Missouri, Department of Insurance Director Scott Lakin said Wednesday.
Based on rate changes for this year filed by 206 insurers, the overall market rate has increased 2 percent this year, compared with 15 percent last year, Lakin said in a written release.