Friday, August 27, 2010

Amazing Drug Injury Lawsuit Case--Employee Loses

Just to see the insanity in action, and have a nice example for marketing your EAP to deal with drug cases,  get this: An employee using Meth was injured on the job. It would have been compensable, but of course, the drug test at the hospital showed he was on Methamphetamine. So, naturally, the company said, "No way" and the Workers' Compensation Insurer said--"no way, buddy, the injury was sustained while you were on Meth."

So, this drug user says, well, the fall was your guys fault. Not mine. I was on Meth, true, but the injury was still because of your negligence. But since the Workers' Comp doesn't cover injuries when someone is using Meth or other drugs, I am suing you! I am suing for thousands of dollars because Workers' Comp doesn't cover this sort of situation anyway! Okay, so I was high as a kite. But, it was your fault I got injured. Let's go to court.

Off to court they went.

How much it cost to defend this lunacy is anyone's guess. I would love to know! However, the court said the case of the injury was in fact "the jurisdiction of the Workers' Compensation plan", the only issue was, drug-related injuries aren't covered. But the WC still protects the employer from lawsuits.

So, it is not that the WC system does not have jurisdiction. It does. It is just that WC won't cover it, even though the injury is the employer's fault. Therefore there is no remedy and you can't sue the employer becuase Workers' Compensatin protects the employer against lawsuits!

The Meth user is stuck with the medical bill. Amazing case.

Could the EAP have helped? You make the call! If this employee was referred to the EAP, the EAP could have played a role in helping this employee get treatment and talked common sense into him. That may have prevented the umteen thousand dollar legal bill to defend this case.

READ IT: http://www.riskandinsurance.com/story.jsp?storyId=510868682

Tuesday, August 24, 2010

Are You Giving Enough Respect to Respect Training?

If you're conducting workplace violence prevention training, be sure to not overlook subjects tangential to this topic that may be more critical in preventing a workplace violence incident than learning about the signs and symptoms of an employee prone to act violently. You know, the employee who may also have a long history of being harassed, disrespected, involved in conflicts, and who has no appropriate assertiveness skills to confront a supervisors who has bullied him or her. Are you catching my drift?

Too many training programs talk about how to spot the employee who might turn into a shooter, signs and symptoms of troubling behaviors in the workplace, and how to find the nearest exit if the bullets start flying. But preventing workplace violence is much more complex than these packages of the same old information.

There are several critical areas that need attention. Each of the following play critical roles in educating employees and supervisors in prevention of workplace violence -- conflict resolution between coworkers, respectful workplace training in general, training on the supervisor's role in supporting a respectful workplace, and training on avoiding workplace harassment and many behaviors that fall within the scope of this topic.

Then of course, the direct education and awareness about preventing workplace violence should also be include. Consider whether any of the following workplace wellness education products can assist you above.

You know what, I am going to take it one step furth and add Improving Assertiveness Skills. If you are a psychotherapist or other clinical type, you know that assertiveness is not just about asking for the last piece of pie on the table. It's about living proactively.

When one's rights are violated, stepping up to the plate to say "no" and "stop that" and if needed, heading for HR to get help could make the difference between intervention early and SWAT intervention later.

Do you need to deliver all this material at once? Of course not. And you shouldn't. Instead come back over the course of a year an sell the workplace violence prevention message by discussing these topics in their proper context. Employees will get the message, and of course the workplace tragedy you prevent will never be known. Good thing, Still take the credit. You deserve it.

Friday, July 30, 2010

Misuse and Abuse of Drugs Defined

You can be an expert on a subject and stumble over your tongue trying to explain some simple concept if you are under pressure or caught off guard. It happens to all of us. For example, can you explain in seconds the difference between misuse and abuse of drugs? I am sure you know the difference, but unless you have a rehearsed and prepared script in mind, you may back up a few times as you try to clarify the difference. It's at these special times that a handout comes in handy.

I found a great handout that discusses the difference between misuse and abuse of drugs. It was emailed to me by one of my article sources at the U.S. Food and Drug Administration. There's no copyright, so you print and copy this handout and use it in trainings. It would be a good for supervisor training in workplace substance abuse or employee drug and alcohol awareness, for that matter.

http://www.fda.gov/downloads/ForConsumers/ConsumerUpdates/UCM220434.pdf

Have you previewed for free the two hour DOT alcohol and drug training web course available from WorkExcel.com? Email me here and I will send you the temporary link that launches the course. This web course has pop up handouts, test questions, a certificate of completion, feedback on wrong answers--the whole nine yards. And it's in sound. Click here to ask me to send it -- Dan, send me that free course link on Reasonable Suspicion

Thursday, July 22, 2010

Presidential Memorandum has Linkages to EAP Relevance Big Time

Employee Assistance Programs are proven tools for reducing costs associated with injuries and absenteeism, and on Tuesday, a renewed opportunity for effective EAPs presented itself -- a memorandum issued by President Barack Obama.

What to do: There will be administrative efforts to monitor and encourage the goals of this memorandum, and staff positions will be created to implement and coordinate the implementation of the mandates in this memorandum. Consider discovering who these personalities are are, get on their email lists, mailng list, and find opportunities to issue press releases in your community, talk to the media, and reinforce the EAP message associated with the goals of this legislation. If you do not, EAPs will miss this opportunity for a place at the table. EAPA should establish a liaison collateral duty to confer with the Department of Labor on this initiative.
========================
The White House
Office of the Press Secretary
For Immediate Release July 19, 2010


Presidential Memorandum--The Presidential POWER Initiative: Protecting Our Workers and Ensuring Reemployment


MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT: The Presidential POWER Initiative: Protecting Our Workers and Ensuring Reemployment

Each year Federal civilian employees are injured or fall ill on the job in significant numbers. Although the Federal Government has made progress in reducing workplace injuries and illnesses in recent years, its workers (excluding those employed by the U.S. Postal Service) still filed more than 79,000 new claims and received over $1.6 billion in workers' compensation payments in fiscal year 2009. Many of these work-related injuries and illnesses are preventable, and executive departments and agencies can and should do even more to improve workplace safety and health, reduce the financial burden of injury on taxpayers, and relieve unnecessary suffering by workers and their families.

Therefore, I am establishing a 4-year Protecting Our Workers and Ensuring Reemployment (POWER) Initiative, covering fiscal years 2011 through 2014. The POWER Initiative will extend prior workplace safety and health efforts of the Federal Government by setting more aggressive performance targets, encouraging the collection and analysis of data on the causes and consequences of frequent or severe injury and illness, and prioritizing safety and health management programs that have proven effective in the past.

Under the POWER Initiative, each executive department and agency will be expected to improve its performance in seven areas

(i) reducing total injury and illness case rates;

(ii) reducing lost time injury and illness case rates;

(iii) analyzing lost time injury and illness data;

(iv) increasing the timely filing of workers' compensation claims;

(v) increasing the timely filing of wage-loss claims;

(vi) reducing lost production day rates; and

(vii) speeding employees' return to work in cases of serious injury or illness.

Executive departments and agencies (except the U.S. Postal Service) shall coordinate with the Department of Labor's Occupational Safety and Health Administration and Office of Workers' Compensation Programs to establish performance targets in each category. The Secretary of Labor shall lead the POWER Initiative by measuring both Government-wide and agency-level performance and reporting to me annually.

Each executive department and agency shall bear its own costs for participating in the POWER Initiative, and nothing in this memorandum shall be construed to impair or otherwise affect the authority granted by law to an executive department or agency, or the head thereof.


This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

The Secretary of Labor is authorized and directed to publish this memorandum in the Federal Register.

BARACK OBAMA

Thursday, June 3, 2010

Is Behavioral Health Cost Containment Really Worth A Diminished EAP Model?

When I hear in the national news that some employee turned violent in a horrible and tragic incident and shot coworkers, I can't help but wonder if--as the bullets flew--there wasn't in that employee's hip pocket or purse, a health insurance card and a barely visible, small type, "1-800 EAP" number printed on the back of it; a practically invisible, poorly promoted telephone helpline.

Is this sort of cost containment to prevent access to behavioral health benefits really worth it to companies? I think if they knew the real story, and had a different impresssion what risks they really face with a "DEAP" "diminished EAP", they would think twice about it.

A CT-EAP (core technology EAP) can reach out so much more, do more, and be more than what some of these benefits entities have sold or given away to America's employers. Where's the education to change all of this?

If we research the tragedies seen in the news via the Internet, would be discover that there was an EAP, but that it was a diminished model or program that appeared to have a poor promotional plan?

Of course, the next thought is whether a more effective EAP model or promotional effort would have made a difference and saved some lives with effective outreach and solid supervisory referral processes taking place in the organization.

Is health insurance "cost containment" to prevent use of behavioral health benefits, as much as possible, really worth the risk of a diminished EAP delivery model? I don't think it is.

It's simple math. Remove regular EAP promotion, visibility, and the ability to offer "high touch" access to the workforce and you will destroy top-of-mind visibility for the EAP. You will see fewer referrals, less EAP involvement in the organization, less "thinking" about how to use the EAP in new ways, and few supervisor referrals to be sure. You will get more risk to the workplace, coworkers, and the financial well-being of the organization. Only if you have worked for internal EAPs, external EAPs, and office cubicle managed care EAPs, can you truly see the enormous difference in accessibility, utilization, and risk associated with these various contrasting models.

When you get home to tonight, look on the back of your spouse or partner's insurance card. See if there is a 1-800 # to the EAP or leads to an EAP once it is called.

Then ask yourself is this EAP working? And, for whom or what?

Get information to include in your EAP Refresher Training Program here. Increase your supervisor reach and effectiveness of supervisor referral processes in your CT-EAP.

Thursday, May 27, 2010

Getting Spit On? Call the EAP!

Finally, I found an amazing and dramatic illustration of the topic I like to harp on most -- having EAPs identify and then make use of opportunities that suddenly and dramatically emerge in the workplace where the EAP solution can be applied. When EAPs do this, they grow their value and reputation, and if they are lucky enough, come in contact with major stake holders who have enormous clout. These stake holders -- property casualty insurers are one -- can elevate EAPs dramatically.

Can you guess how days the average bus driver in New York City took off last year after they were spit on by bus riding customers? The average time off was 64 days!!!!! One took off 191 days. No, these are not drivers to be disciplined for gross abuse of leave policies. They are getting paid by workers' compensation!

Amazing you say? Indeed. It's costing tens of thousands of dollars right out of the city coffers. And many of these drivers are claiming they need psychological help as a result of the pedestrian abuse they experience. Here is a link to the story.

What's the issue, and is there an EAP solution for the drivers, the public (indirectly), and the financial crisis associated with this workers' compensation nightmare? I think there is, or at least I hope you walk away from this blog with the idea that you can find untold numbers of opportunities to make yourself more useful and valued in the EAP setting. (And by the way, fear not, you won't have managed care competing with you for these classic applications of the core technology. It is off their "grid" entirely.)

Off the top of my head, the EAP should be included in a round table discussion with top management and review the data associated with these incidents. Specifically, what should be determined are patterns associated with everything from time of day these incidents occur, profiles of the spitting customers, antecedent and provocative events, worker profiles, and other variables that may point to behavioral interventions appropriate for the EAP.

For example - EAPs have skills or can closely coordinate with resources that have the skills to provide stress interventions for these cases, education on managing emotions, behavioral interface with customers, how to diffuse violence (which of course is what we are talking about when it comes to spitting). And, what about customer service? Dealing with angry and abuse customers? (see fact sheet).

How many bus drivers are depressed, alcoholic, or experience other behavioral problems exacerbated by these types of stressful incidents? What about anger management training or examining customer service issues that help employees avoid responding or provoking inappropriate behavior from people? There many more issues to examine here. Are more men than women assaulted. What's the difference? What about processing anger in groups and learning skills.

The violence of spitting on a bus driver surely is a crime. And law enforcement must play a powerful role. However, there are psycho-medical and dynamic behavioral issues at play with the larger problem, and of course, the enormous expense of workers' compensation costs demand a comprehensive attack on the problem.

The EAP is part of the solution. At least, this is much is true before I am willing to say there is not: Completely omitting any consideration of an EAP role in dealing with this problem is financially irresponsible.

Now, if the EAP is being considered at all, and no one has suggested, we need to ask why?

This problem lies at the feet of the profession. And here lies the answer to a new dawn for employee assistance programs. Am I wrong?

Thursday, May 20, 2010

Air Force Suicide Prevention Worked

Suicides are down and the intervention program worked. That's the conclusion of a research study just released by the University of Rochester Medical Center and published in the American Journal of Public Health. The program being proclaimed successful dropped the suicide rate by over 20%. The suicide prevention program with the U.S. Air Force began in 1994, but suicide rates were examined from the period 1981 - 2008.

Lessons from the study. To decrease the rate of suicide, the U.S. Air Force concentrated on four key components: 1) Encouraging members of the Air Force to seek help; 2) Promoting the development of coping skills; 3) Fighting the stigma associated with receiving mental health care; and 4) stressing the absence of negative career consequences for seeking and receiving treatment. The Air Force Suicide Prevention Program is included in all military training. Supervisor training is a key component of the program  with leadership getting instruction in how and when to refer subordinate personnel to help. If any traumatic events, especially those related terrorism occur, they are responded to rapidly to address acute and posttraumatic stress, a known major contributing factor to the risk of suicide risk. The number of suicides prior to the study going back to 1994 were 64 in that year. The program low during the implementation period of the program was 1999 with a total of 20 suicides. (Note: There has been no reduction in the suicide rate among the general U.S. civilian population since the 1940s according to the study.)

Blog Note: Currently the U.S. Army is undergoing service wide training in an effort to reduce the suicide rate among its ranks.

Suicide prevention education module in PowerPoint, PowerPoint with sound, Flash video, and DVD, with script notes for the PowerPoint formats can be found at WorkExcel.com, Suicide Prevention Training. (Used by many federal government agencies, Fortune 500 companies, the U.S. Senate, and smaller businesses.)