The document provides information about a webinar on health and safety issues for restaurants. It includes an agenda with four expert speakers who will discuss topics like building a safety culture, controlling workers' compensation costs, common OSHA citations for restaurants, and safety and labor law. The document also provides details about the individual presentations, including speaker bios and presentation summaries. Attendees can participate by asking questions during the live Q&A session or accessing a recording of the webinar later.

1. May 6, 2014
9:00 a.m. - 11:00 a.m.

4. • Open and close your Panel
• View, Select, and Test your audio
• Submit text questions
• Q&A addressed at the end of today’s
session
• Everyone will receive an email with a
link to view a recorded version of
today’s session
• Your feedback is important! You will
receive a prompt to complete a
survey at the end of the session

5.  The Psychology of Safety and Building a Safety
Culture: Tom Cunningham, National Institute for
Occupational Safety & Health
 Controlling the Cost of Injuries - Third-Party
Administrator Perspective: Jim Wirth, CareWorks
Consultants, Inc. (CCI) & RiskControl360°
 Controlling the Cost of Injuries - Managed Care
Organization Perspective: Ron Lucki, CareWorks
 Safety & Labor Law – Top OSHA Citations for
Restaurants: Keith Pryatel, Kastner, Westman & Wilkins,
LLP
Expert Speakers

6. When a 1,000 things pile up, it’s easy to overlook the importance of
health & safety issues - that’s dangerous!
The Health & Safety section of the ORA’s website helps you stay on
top of concerns, offering solutions to today’s restaurant, food, and
alcohol safety issues.
www.ohiorestaurant.org/healthandsafety
Health and Safety
 Restaurant Safety & Training
 Information Resources
 Policies & Guides
 Videos & Multimedia
 Restaurant Safety
Consultants
 Food Safety
 Alcohol Safety

8. Thomas Cunningham, Ph.D.
National Institute for Occupational Safety
and Health
Disclaimer: The findings and conclusions in this
presentation have not been formally disseminated by
the National Institute for Occupational Safety and
Health and should not be construed to represent any
agency determination or policy.

9.  The safety culture of an organization is the
product of individual and group values, attitudes,
perceptions, competencies, and patterns of
behavior that determine the commitment to, and
the style and proficiency of, an organization’s
health and safety management (HSC, 1993).
 Or, the way we do things around here.

10.  John’s manager sees that John is chopping
vegetables at an amazing speed…
 Should the manager:
A: Nod in approval; the food will be prepped on time
B: Say nothing
C: Tell John “Be Careful”; we don’t want him to cut
himself and stop working
D: Ask John why he is working so fast; try to understand
why John feels like he needs to rush

11.  Attitude vs. behavior change
 Behavior is easier to see, and easier to change
 Change the behavior and attitude may follow

12. Attribution of the causes of injuries
 Chance vs. “person” causes vs. latent causes
 Look at the whole picture
 Injury logs can help identify trends and problem areas.
 Exploring and documenting near-misses
Thorough walk-through
 Identify trip/slip/fall hazards
 Employee involvement for continuous improvement
What types of controls can be implemented?
 Ongoing monitoring and review to ensure controls are
effective
 How can we be preventive rather than reactive?

13. Most Effective /
Protective
Elimination
Substitution
Engineering Controls
Administrative Controls
Personal Protective Equipment

15. Coworker
reminder to
use
protective
glove
Employee
safely cuts
food
Employee
receives
appreciative
comment from
manager

16. Restaurant
owner attends
ORA training
event on
safety culture
Restaurant
owner provides
safety training
and equipment
to employees
Restaurant
owner
experiences
lower
probability of
worker injury

17.  Safety does not end with training
 Must check for employee understanding
 Have employees demonstrate safe behaviors
 Practice with feedback as part of training
 Integrate behavior-based safety coaching into the culture
 Management commitment and employee involvement
 Peer observation and feedback
 Ongoing monitoring and review

18. Behavior Safe At-Risk
Load appropriate?
Back straight?
Use legs?
Hold load close to body?
Shoulders and hips aligned?
TOTAL
Total Safe Behaviors / Total Safe + At-Risk Behaviors
X 100 = % Safe

19.  Consult managers and employees to get their
impressions of the problem areas and ideas / areas for
improvement
e.g. Have them help to develop checklists
 When people contribute to a safety effort, their
ownership and commitment to safety increases.
Employees communicate about safety
 Perception of management / owner’s total buy-in for
safety practices and procedures increases employees’
participation
 Unsafe behavior is a symptom, not the disease
Unhealthy safety culture is a system problem

20. Email: Tcunningham@cdc.gov
Phone: 513.533.8325

21. The Third Party Administrator Perspective
Jim Wirth,
CareWorks Consultants / RiskControl 360

22. Introduction - What is the best way to control
workers’ compensation costs?
 Maintain a healthy, cooperative relationship with your
associates where communication is open and encouraged
 Safety/Prevention:
Make safety a priority for your organization
Create and promote a safety process that reduces the
occurrence of incidents/accidents…and claims
Involve all associates in your safety efforts

23. Claims
 Medical Only Claims:
Usually a minor injury
Claims with seven or fewer days of disability usually results in a
small reserve for a limited period of time
 Lost Time Claims:
Claims with eight or more calendar days of disability
Reserves can occur in lost-time claims
 Occupational Disease Claims:
Claims where an employee contracts a disease in the course of
employment.
These claims often develop over time

24. Cost Control Tools
 Safety
 Accident Investigation
 Communication
 Salary / Wage Continuation
 Deductible
 Vocational Rehabilitation
 Transitional Work
 Lump Sum Settlements
 Handicap Reimbursement
 Subrogation
 BWC/Employer
Sponsored IME
 Surveillance
 Work with Third Party
Administrator (TPA) /
Managed Care
Organization (MCO)

25. Accident Investigation
 Communicate with your CareWorks Consultants
claims examiner as soon as the injury occurs
 Report to the MCO
 Thoroughly investigate the circumstances of the
incident / accident
 Document evidence in writing
 Utilize accident report and photographs
 Obtain witness statements
 Utilize classes at BWC Training Centers
 Important for PREVENTION…and hearings

26. Salary Continuation
 Should be considered for any claim if eight or
more calendar days of work will be missed, even if
claim is not certified by employer
 CareWorks Consultants can provide the employer
with a premium impact study to help make a
decision on whether salary continuation should
occur

27. Transitional Work
 Reduces cost of hiring and training replacements
 Helps prevent injured worker’s adjustment to disability
lifestyle
 No break or loss in income
 Gradually returns employee to full duty work
 Lower costs contribute to reduced premiums
 Works in conjunction with salary continuation
 Consists of short term and temporary tasks

28. Vocational Rehabilitation
 Surplus charge for most services
 Return-to-work focused
 Closely monitored, individualized programs
 Case management professional assigned to each case.
 Participation is voluntary…but make it an interesting and
positive experience.

29. Lump Sum Settlements
 CareWorks Consultants helps identify claims appropriate
for Lump Sum Settlements (LSS) and determine settlement
amount.
 Employer directs CareWorks Consultants to offer
settlement.
 Employer, injured worker and BWC must agree to LSS.
 BWC pays settlement.
 Settlement will eliminate the reserve portion of the claim
and prevent future payments.
 Claim will remain in employer’s experience for four years.

30. Handicap Reimbursement
 Epilepsy
 Diabetes
 Cardiac Disease
 Arthritis
 Loss of sight
 Poliomyelitis
 Cerebral palsy
 Multiple sclerosis
 Parkinson’s disease
 Cerebral vascular accident
 Tuberculosis
 Silicosis
 Psychoneurotic disability
 Hemophilia
 Amputation foot, leg, arm or hand
 Chronic osteomyelitis
 Ankylosis of joints
 Hyperinsulinism
 Muscular dystrophy
 Arteriosclerosis
 Thrombophlebitis
 Varicose veins
 Cardiovascular & pulmonary disease
(firefighters)
 Coal miner’s pneumoconiosis
 Completion of Industrial Commission or
similar rebab program
 Service related disability

31. Subrogation - A type of third party recovery
 Motor vehicle accident
 Medical malpractice
 Exposure to toxins
 Machinery malfunctions
 Animal bites
BWC generally pursues

32. Independent Medical Exams (IME)
 BWC Independent Medical Examination - used to determine
whether the injured worker is capable of returning to his/her
former position of employment, or if the allowed conditions
have become permanent.
 Employer-sponsored IME / IMR (Independent Medical
Review) - used to provide medical evidence in support of an
employer’s objection to the claim allowance or
compensation.
Fee for this exam/file review is paid by the employer.

33. Surveillance
 Employer hires a private investigator if red flags exist
that may point to fraudulent activity.
 Employer contracts directly with the investigator.
 If fraud is identified, it can be reported by calling BWC at
1-800-OHIOBWC or logging on to www.ohiobwc.gov
 BWC generally does not allow a TPA to report fraud - it
must be reported by the employer.

34. Summary
 Contact CareWorks Consultants and your MCO
immediately when an accident occurs
 Thoroughly investigate the accident
 Document evidence in writing
 Understand how a claim impacts your rates
 Consider salary continuation on all lost-time claims
 Offer transitional work when worker is on restrictions
 Lump sum settlements / Handicap reimbursements
 Subrogation

35. Jim Wirth, CPEA
jwirth@riskcontrol360.com
614-827-0370

36. Ron Lucki
CareWorks

37. Early Intervention
 Before and After an Injury
Medical management - Return to Work
Vocational Rehabilitation
Open Enrollment

38. 1. Panic 2. Confused 3. Fear
4. Angry 5. Prepared

43. First Report of Injury (FROI) Steps to Follow

45. Personalized Workplace Injury Posters

46.  Early Reporting is crucial
 Early investigation is important
 Refer IW to preferred provider
 Collect facts and documentation
If You Have a Workplace Injury:
 Early and effective medical management
 Early return to work management
 Lower claims costs
Early Reporting Leads to:

47. Claim scenario: WITHOUT early reporting
 DOI 12-1-2011
 Claim not filed/reported until 1-1-2012
 Injured Worker (IW) misses time from 12-1 to 1-11 (6
weeks)
 TT payable for 6 weeks at max TT rate for 2011 (6 x $783
= $4,698)
 Increase in medical cost due to lack of involvement in
claim
 Increased medical, TT and reserve can have impact on
employer’s EM and premium obligation

48.  All claims are reviewed / triaged by a clinical case manager to
determine acuity, severity, medical stability.
 Are they URAC accredited? This holds the MCO to the
highest standards of quality and guidelines.
 Complete Drug / Medication reviews frequently to ensure
medications/drugs for all claims are appropriate for allowed
diagnosis.
 Is the MCO proactively moving the claim towards medical
stability and return to work? Are all options being explored?

49. If the claim does not seem to be moving forward, is
the MCO exploring other options?
Examples include :
 Transitional Work
 Remain at Work

52. If the claim does not seem to be moving forward, is
the MCO exploring other options?
Examples include:
 Modified Duty Off Site (MDOS)
 Limited Medical Management (LMM)

53.  Use of surplus fund
 Reduced lost time
 Increased productivity
 Rehabilitation / return to work focused
 Individualized plan / liaison to parties
 Face to face intervention
Benefits of Vocational Rehabilitation

54.  Physical or Occupational Therapy
 Work Conditioning
 Occupational Rehab (Work
Hardening)
 CARF Accreditation required
 Functional Capacity Evaluation
 Ergonomic Study
 Job Analysis
Voc. Rehab. PRIOR to Return to Work

55. I don’t always
have a workers’
compensation
claim
But when I do, I call
CareWorks

61.  Every Two Years
 2014 Open Enrollment
 April 28 to May 23
 If you are with CareWorks….Do
Nothing!
2014 MCO Open Enrollment

62. Thank you

63. Keith L. Pryatel, Esq.
Kastner Westman & Wilkins, LLC.

64.  National study on HR Practices and Employee
Turnover in the Restaurant Industry Jan. 15, 2014
Rockefeller & Ford Foundational Funding
Studies show 1 of 2 fast food workers turnover each
year; 40% turnover rate for “moderately priced”
restaurants; lower rates for “fine dining”, but higher per-
employee turnover costs

65.  Turnover costs -- $18,200/annual for 30
employees or less; $182,000 for 10 restaurant
chain; $1.8 million for 100 restaurant chain
 Most important HR practices that significantly
reduce turnover and lengthen job tenure
 high relative wages
 job security
 longer work hours
 more discretion at work
 policies for promotion from within

66.  Less than 20% of restaurant employers offer any level
of paid sick time or paid time off; only 33% offer
vacations or subsidized health insurance even “fine
dining” is low. 30% offer paid leave or PTO; 5% offer
paid vacations or subsidized health insurance.
 Employee discretion is low in all restaurant
establishment. Only 5% allow front-of-house
employee discretion in their communications with
customers without consulting managers; or in problem
solving.

67.  Annual pay for fast food employers:$13,257
($255/52 weeks); $18,720 (back-of-house / BOH)
and $24,123 (front-of-house / FOH) for
“moderately priced restaurants”; $20,902 (BOH)
and $34,990 (FOH) for fine dining.
 Restaurant industry traditionally offers few
employee benefits e.g. paid sick leave; paid time
off; paid vacation; subsidized health insurance
because: part-time; seasonal; student; immigrant
workers

68. High turnover is costly; Raises curb of
selecting, recruiting and training
replacements
New employees are less proficient until they catch up
on the learning curve (less knowledgeable about
menu - no customer relations)
Disruption of operations - manager attention to other
areas is shifted.
How investment in HR reduces turnover

69. Hourly wages and job security are two
most important factors.
Hours available to work and discretion
exercise are other important facts.

70.  PPE Survey
 Identifying workplace violence risks – cases / door
markers / drop sales / windows
 Disciplining for safety violations
 HazComm Program
 Lock Out / Tag out
 Voluntary OSHA Log (300 and 300A)
www.osha.gov

71. Thank you!
Keith L. Pryatel, Esq.
kpryatel@kwwlaborlaw.com
Kastner Westman & Wilkins, LLC.
3480 W. Market Street, Suite 300
Akron, OH 44333

73. Social Media Webinar Series:
Starting June 17th - every Tuesday at 2:00 pm. Spend 30 minutes
to increase your business and customer awareness
 FACEBOOK - Drive results not just likes
 Twitter - Success in 140 characters
 Foursquare, Urban Spoon and Yelp - Time for a little R & R
(Revenue and Reviews)
 Instagram - Pics and Profits
 Pinterest - Pin to Win
 Google + - Just Another Pretty Facebook?
 Mobile apps - So Many Apps. So Little Time.
Go to www.ohiorestaurant.org/res next week to register!