Friday August 12, 2016
With the recent shooting tragedies in healthcare facilities,
businesses, schools, etc., it is apparent that no facility/business
is immune to these acts of violence. These tragedies should
be an alert for all businesses to evaluate current policies,
practices and drills in order to prepare staff on how to respond in
these potential situations that place residents and staff at risk.
Attached please find sample resources relating to Active
Shooter policies, Workplace Violence policies, and a resource
published by FEMA, HHS, US Department of Homeland Security, and the
Assistant Secretary for Preparedness and Response. Please
feel free to utilize these tools as you evaluate your current
Shooter Policy-AJG 2015
Violence Policy-AJG 2014
Friday December 4, 2015
With the winter weather season upon us it's time to review your
winter weather preparedness procedures to make sure your facility
is ready for winter weather. The attachment below contains a Winter
Weather Preparedness presentation that was developed by Arthur J
Gallagher and Agility Recovery. This information may be helpful to
you when you are making sure your facility is ready for winter
Agility Winter Weather Preparedness Webcast Handouts 2015
Friday December 11, 2015
Probably, as a result of the Supreme Court's recent decision in
Young v. UPS.
Many employers have had a long-standing policy or practice of
providing temporary light duty only to employees who are returning
to work from an on-the-job injury. "Light duty" is typically a job
or project that is specially created to help an injured worker that
would otherwise not exist. Limiting these special assignments to
workers who get hurt at work makes sense. Employers feel an
obligation to their employees that get hurt at work, and employers
have a financial interest in these employees coming back to work as
soon as possible. Also, most employers have limited light duty
opportunities and, therefore, want to preserve them for employees
who are recovering from work-related accidents. Someone with a
condition unrelated to the job, such as injuries from a car
accident or pregnancy, does not get light duty under the typical
policy. If the employee with a non-occupational injury cannot do
the essential functions of the job, even with accommodation, he
must go on leave of absence.
That is what happened to the pregnant UPS driver in Young v. UPS.
Her doctor put her on a lifting restriction that prevented her from
lifting some UPS packages. Although it would have allowed someone
injured at work with the same lifting restriction to perform light
duty, Young had to go on unpaid leave and could not afford to keep
her health insurance.
Ultimately, the United States Supreme Court rejected both parties'
positions and created a new standard for judging the legality of
such policies. If a company's policy "significantly burdens"
pregnant workers (as most light duty policies do), the company must
advance "sufficiently strong" reasons to justify the burden. Cost
and inconvenience are not sufficient, the Court said. The Supreme
Court sent the case back to the lower court for further litigation
under this new standard. Given what the Court has required that it
prove, however, UPS is not likely to be able to successfully defend
Policies like UPS's, which are common, will now be very difficult,
if not impossible, to defend. Even if such a policy can be
successfully defended, an employer will spend a lot of money doing
it. In our opinion, an employer would have to have substantial
operational reasons, apart from cost and inconvenience, to limit
light duty opportunities to only those who have been hurt at work
and to the exclusion of pregnant workers. All employers should
review their policies and consult with counsel about the ability to
defend them after this important change in the law.
Click on the link to read the Young v. UPS U.S. Supreme Court
Monday December 14, 2015
CMS has allowed nursing homes to voluntarily submit staffing and
census data through the PBJ system since October 1, 2015. As
of July 1, 2016, collecting this staffing and census data will be
mandatory for all nursing homes. Section 6106 of the
Affordable Care Act (ACA) requires facilities to electronically
submit direct care staffing information (including agency and
contract staff) based on payroll and other auditable data.
The data, when combined with census information , can be used
to not only report on the level of staff in each nursing home, but
also to report on employee turnover and tenure, which can impact
the quality of care delivered. (Resource: www.CMS.gov )
and training, please refer to the attached PDF.