IBA Profit Report 2301

REDUCING YOUR

INDUSTRIAL INSURANCE COSTS

prepared by: Independent Business Association

 

There are several ways to hold down your industrial insurance costs. They include but are not limited to:

·        Effective Safety Program and Accident Prevention

·        Pre-employment Physicals

·        Proper industrial insurance classification

·        Reporting salaried employees' hours

·        Managing all industrial insurance claims and assisting injured workers to return to work.

 

Effective Safety Program and Accident Prevention

Implementing good safety practices and accident prevention are critical to reducing your state industrial insurance costs.  Most safety and accident prevention actions are common sense.  But it is critical for management of your company to stress safety and accident prevention to your employees.  Every firm with employees is required to hold safety meeting monthly and more often when the job site changes like in construction.  Written minutes of those safety meetings are required to be kept.  Use these meetings as an important time to reduce your industrial insurance costs by truly focusing on safety and accident prevention.  Develop a safety manual for your company and provide a copy to every employee.  You can get help for FREE from the WA Department of Labor and Industries in preparing your manual.  Click here to go to IBA Document 2701 – Free Safety and Health Consulting Services.  You also need keep your eyes open to safety violations and discipline employees who fail to follow the company’s safety program to have an effective safety program.  IBA has many examples of where firms have implemented effective safety programs and have reduced their industrial insurance rates dramatically.

 

Pre Employment Physicals

Pre-employment physicals are somewhat controversial and they must be used correctly or you as an employer can face serious problems.  Why do pre-employment physicals?  Because under state industrial insurance laws, your company’s industrial insurance experience rating becomes charged for any workplace injury or disease that an employee may suffer as a result of working for you.  If you hire an employee that has an existing condition that results in an injury while working for you, your company’s industrial insurance experience rating account is charged for that claim, regardless of the fact that the employee had the condition prior to working for you.  If your jobs are physically demanding and your past claim history has been high, pre-employment physicals are something to consider doing.  NOTE:  Before engaging in pre-employment physicals, seek the legal advice of a qualified attorney.  The information presented here is only designed to alert you to major issues related to pre-employment physicals and is not intended to assure compliance with the laws and regulations affecting pre-employment physicals.

 

Under state and federal discrimination laws, you cannot require a job applicant to take a pre-employment physical before you have offered him/her a job.  And, if you would require a pre-employment physical for any applicant, you must require it of any applicant you offer the job to so you do not discriminate between applicants.  Next, you must have a detailed set of job requirements that can be translated into specific physical activities such as lifting, squatting, hammering, etc.  The physician giving the physical is to determine if the person has existing conditions that would restrict or prohibit performing any of those physical activities.  If so, as an employer you must consider if there are “reasonable accommodations” you can provide to enable the employee to perform the job activity with their given limitations.  Part of “reasonable accommodation” is the issue of an “undue hardship” on your business.  You do not need to offer a reasonable accommodation that is an “undue hardship” for your business but there is a great deal of law that involves what really is “undue hardship.”  Remember; consult a qualified attorney before you start engaging in pre-employment physicals.

 

Proper Industrial Insurance Classification

There are three considerations here:

 

First: Are your employees in the correct classification? Quite often the explanation of the classification on the industrial insurance form is completely different than the actual work your employees perform.  There are 261 Occupational Classifications and it is possible your employees are not in the correct one. If you would like the IBA to verify this please call our office at (206) 453-8621 or 1-800-562-9989. If it appears your employees are in the wrong classification, we will explain how you can attempt to get them reclassified.

 

Second: The splitting of classifications for employees. Certain employees can be "split rated" meaning they are charged a different industrial insurance rate than other employees of the business. The employees that can be “split rated” are those employees in the following occupations:

 

Clerical, draftsmen, outside sales people, security guards, janitors, log truck drivers.

 

Example:  A machine shop has a separated office from the machine shop itself. The employees in the machine shop are classified under 34-2, while the bookkeeper and other office personnel are classified under 49-4.

 

Third: The possibility that a single employee may have his/her work activities reported under two different industrial insurance classifications. This is quite rare, but does it does apply in some situations. For these rare circumstances to apply to a single employee, the following conditions must apply:

1.      Separate time cards or book entries must be kept for the different types of work performed by the employee at the different occupations, and

2. The different work activities must be performed in physically different locations, and

3. You CANNOT separate the work activities of the following classifications -

clerical, sales personnel, executive officers and any partner or proprietor.

 

The following examples illustrate this rule:

 

Example 1 An employee of an insulation glass business works in the shop to custom make the glass and installs it in the field. In this situation you can divide the hours for industrial insurance between the two classifications.

 

Example 2 A clerical employee who has a desk in the “work area” of a machine shop and spends all the time doing clerical work there, is classified in the riskier machine shop category since the work area is NOT separated from the machine shop. If there is a separated office, then the work would be reported as clerical.

 

These are just two examples and the Department of Labor and Industries will look to each situation individually. Please call the IBA office if you would like a clarification for your business or would like to request a reclassification.

 

Salaried Employees Charged on Hours Worked

 

Salaried employees no longer have to be reported at 40 hours a week or at 160 hours a month. You can now report hours based on actual hours worked if you keep adequate time records.  If you choose this method of reporting you must do this for ALL salaried employees. You cannot report partners, proprietors, or corporate officers based on actual hours worked. They must still use 40 hours a week or 160 hours a month. If you fail to keep good clear records of actual hours worked for salaried employees and you are audited you could have to pay the difference in premiums to equal the 40 hours per week.

 

Effectively Managing A State Industrial Insurance Claim

For information about effectively managing a state industrial insurance claim, review IBA Profit Report 2304.  Click here to IBA Profit Report 2304.