Temp Employees Injured on the Job

1
Temp Employees Injured on the Job

• Risks
• Exposures
• Solutions

2
Temporary Appointments

• Workers hired directly by your agency into a
  temporary position per State Policy 40.025.01
• Specific Need Emergency, non-recurring, short
  term workload
• Usually for a maximum 6 month duration

3
Temporary Service Agency Workers

• Workers from Temporary Service Agencies are the
  employees of the Temp Service, not the state
• The Temp Service provides Work Comp Coverage
  through their own insurer
• Injured workers report claims to the Temp Service
• However, the state agency must record the injury
  on the agency OSHA 300 Log
• The state agency may request a copy of the 801
  from the Temp Service or use an incident report
  that documents the essential information required
  by OSHA

4
State Temps

• State Temps are workers hired directly by your
  agency into a temporary position
• Your state agency is the employer
• The State provides Work Comp Coverage through its
  policy with SAIF
• Injured temps report injuries to the employing
  agency and files claims with SAIF - the same as a
  regular state employee
• The injury is recorded on the agency OSHA Log

5
When a temp is injured, always provide
appropriate first aid

• Temp Service Worker
• Notify Temp Service per contract terms
• Complete an incident report
• Investigate and correct hazards
• Add to OSHA Log if recordable

• State Temp Employee
• If the employee seeks medical treatment, complete
  an 801
• Investigate incident and correct hazards
• Add to OSHA Log if recordable

6
Work Comp Cost Control Early Return to Work

• State Temp
• Ask for medically approved restrictions or
  abilities
• Consider temporary modified assignment
  (Transitional Duty) based on medical information
  and available work
• If work available, offer transitional duty for
  limited period

• Temp Service Worker
• The Temp Service is the employer and must manage
  their injured worker
• The service contract should provide the state
  agency with a new worker able to perform full
  duties

7
Best Practice Tip

• If any employee must leave work to see a doctor
  because of something that has happened at work,
  require a written work release from the doctor
  before allowing the employee to return to duty.

8
Expectations for Early Return to Work for State
Employees

• Since 1989, it is the expectation that all
  agencies implement a Return to Work Policy and
  Program. See OAR 105-050-0020 and State Policy
  50.020.01
• All agencies should pursue opportunities to
  return recovering state employees to temporary
  assignments that they are medically able to
  perform (Transitional Duty)
• Assignments are time limited, based on available
  work and dependent on a medical release.

9
Early Return to Temporary Modified Duty for State
Temps?

• Pros
• If injury is minor, temp may perform almost all
  important duties
• Keeps employee connected to work, enhances
  recovery
• Limits work comp costs
• Increases likelihood of return to regular work

• Cons
• Temp has been hired specifically to perform this
  work
• Different, modified assignment may not get the
  needed work done
• Recovery may not occur within the 6 month limit
  for temp service

10
Work Comp Costs for Injured State Temps

• Temporary Total Disability (wage replacement)
  Injured State Temp will receive TTD until
  released for work
• Permanent Partial Disability (award) Injured
  State Temp may receive PPD based on perceived
  inability to return to regular work
• Medical Costs When workers get back to work
  they are safely able to perform, they tend to
  seek less treatment.
• Voc Services RTW tends to demonstrate workers
  are able to reenter the labor market without
  additional services

11
BoLIBoLI Rules Temps Injured on the Job

• Discrimination Prohibited
• 659A.040 Discrimination against worker applying
  for workers compensation benefits prohibited.
  (1) It is an unlawful employment practice for an
  employer to discriminate against a worker with
  respect to hire or tenure or any term or
  condition of employment because the worker has
  applied for benefits or invoked or utilized the
  procedures provided for in ORS chapter 656 or has
  given testimony under the provisions of those
  laws.

12
Best Practice Tip

• Have a clear process for reporting on-the-job
  injuries.
• Do not suggest, promote or discourage the filing
  of a Form 801.
• Answer employees questions.
• Direct them to DCBS or SAIF for more information
  on the claim process and their rights.

13
BoLI Rules ORS 659A.043 Reinstatement of Injured
Workers

• Reinstatement of injured worker to former
  position
• b) The right to reinstatement under this section
  does not apply to
• (A) A worker hired on a temporary basis as a
  replacement for an injured worker.
• (B) A seasonal worker employed to perform less
  than six months work in a calendar year.

14
BoLI Rules ORS 659A.043 Reinstatement of
Injured Workers

• Reinstatement upon demand
• To their former position
• if the position exists and
• is available and
• the worker is not disabled from performing the
  duties of such position.

15
BoLI Rules ORS 659A.043 Reinstatement of
Injured Workers

• Available Work
• position is available even if filled by a
  replacement
• position is not available, the worker shall be
  reinstated in any other existing position that is
  vacant and suitable.
• attending physician or a nurse practitioner
  approves the workers return
• Subject to a valid CBA

16
BoLI Rules OAR 839-006-0130 Work is Vacant and
Suitable

• Reinstatement if a position is
• vacant (exists even if renamed or reclassified)
  and
• suitable if it is most similar to the former
  position in
• compensation,
• duties,
• responsibilities,
• skills,
• location,
• duration (full or part-time, temporary or
  permanent), and
• shift

17
BoLI Rules ORS 659A.046 Reemployment of Injured
Workers

• Reemployment upon demand
• If disabled from performing duties of regular
  work
• other work is available and
• Suitable and
• attending physician or a nurse practitioner
  certifies the worker is able to perform described
  types of work

18
BoLI Rules OAR 839-006-0135 Reemployment of
Injured Workers

• A suitable position
• meets the injured worker's medical restrictions
  and
• the worker is qualified and

19
BoLI Rules OAR 839-006-0135 Reemployment of
Injured Workers

• A suitable position is as similar as practicable
  to the worker's former position in
• compensation,
• duties,
• responsibilities,
• skills,
• location,
• duration (full or part-time, temporary or
  permanent) and
• shift.

20
BoLI Rules OAR 839-006-0135 Reemployment of
Injured Workers

• A suitable position under ORS 659A.046 is paid at
  the rate normally paid by the employer for that
  position

21
BoLI Rules ORS 659A.043 and .046 Return of
Injured Workers

• Reinstatement/Reemployment is extinguished if
• Not Medically released
• Participates in vocational assistance
• Takes suitable job with another employer
• Refuses Transitional Work
• Fails to make timely demand
• Three years elapse from the date of injury

22
BoLI Rules ORS 659A.052 Rights Of Injured State
Workers

• Reinstatement/Reemployment of Injured State
  Employees
• (1) For the purpose of administration of ORS
  659A.043 and 659A.046 state workers have
  preference to entry positions
• Called the Cross-Agency Placement lists
• State Temps are not excluded

23
Managing State Temps Injured On the Job

• Pre-Injury
• Document purpose for hiring the temp
• This may be found in the request to hire
• Note in writing if this is a backfill for an
  injured worker
• Document the work the temp must perform in
  writing

24
Managing State Temps Injured On the Job

• After Injury
• Evaluate potential for Transitional Work
• Use medically approved limits or abilities
• Can the temp perform most important duties?
• Can duties be redistributed for a temporary
  period or duration of temp assignment?
• Seek DCBS-EAIP reimbursement for Transitional
  Work

25
Managing State Temps Injured On the Job

• After Injury
• If Transitional Work is not possible, maintain
  contact with temp employee and SAIF
• Let the employee know you want to hear from them
  when they have recovered, even if it past their 6
  month work window

26
Best Practice Tip

• In writing tell the temp who to contact at your
  agency once they are medically stationary.
• Let them know they can finish the time left on
  their original contract once they are released
  and work is available.

27
Managing State Temps Injured On the Job

• When Injured Temp is Medically Stationary
• Be prepared to meet BoLI reinstatement or
  reemployment requirements
• Temps may have cross-agency placement potential
• If eligible, sign temps up for DCBS Preferred
  Worker Program

28
Use your resources

• If you do not have a current policy or procedure
• Work with your agency Safety Advisor
• Discuss with SAIF RTW Specialist
• Contact DAS-HRSD for advice
• Never fire anybody without talking to DOJ

29

• On-the-job injuries should be unexpected and
  rare. When they happen, they happen fast.
• Your early response will have a dramatic impact
  on the ultimate outcome and cost.