The News You Need for Dec. 24

Emergency preparedness is a key component of workplace safety. Did a Walmart supervisor's texts point the way to a retaliation claim? And California has a voucher.

Emergency Preparedness and Incident Response: Proactively Managing Workplace Incidents?

Dr. Claire C. Muselman

Emergencies and workplace incidents can occur at times, often bringing chaos and uncertainty. For employers, being prepared in these moments can lead to clarity, delayed responses, and adverse outcomes for employees and the organization. A comprehensive emergency preparedness and incident response plan is essential to mitigate risks, protect employees, and ensure a swift, organized reaction to unforeseen events. This article, the seventh in the?Workers’ Compensation Road Map Series, explores how employers can proactively manage workplace emergencies and incidents. Organizations can create a safer work environment and enhance their overall workers' compensation strategy by planning, conducting drills, and equipping employees with the knowledge to respond effectively.?

Why Emergency Preparedness Matters?

A well-designed emergency preparedness plan reduces the impact of incidents and fosters a culture of safety and trust. Employees who know their organization is ready for emergencies feel a profound sense of security and value in their workplace. The benefits of such preparedness are manifold:?

1. Minimized Risk to Employees:?Clear protocols and training reduce the likelihood of injuries and ensure rapid medical attention when needed.?

1. Reduced Operational Disruptions:?Preparedness helps organizations maintain continuity by addressing emergencies efficiently and effectively.?

1. Compliance with Regulations:?Emergency planning aligns with OSHA and other regulatory requirements, avoiding fines and penalties.?

1. Improved Employee Confidence: Employees who trust their organization's emergency response capabilities will likely remain engaged and focused.?

1. Enhanced Reputation:?Demonstrating a commitment to safety bolsters the organization’s reputation among employees, customers, and stakeholders.?

Key Components of an Emergency Preparedness Plan?

An effective emergency preparedness plan must be comprehensive, regularly updated, and tailored to the organization's needs. Essential elements of the plan include:?

1. Risk Assessment and Identification: Conduct a thorough risk assessment to identify potential emergencies, such as fires, natural disasters, chemical spills, or active shooter scenarios. Evaluate the likelihood and impact of each risk, prioritizing resources and planning accordingly.?

1. Emergency Action Plan (EAP): Develop a written EAP outlining procedures for various emergencies, including evacuation routes, assembly points, and communication protocols. Ensure the plan is accessible to all employees and regularly updated to reflect personnel or workplace layout changes.?

1. Emergency Response Teams (ERT): Designate an ERT responsible for coordinating and implementing the EAP. Provide team members with specialized training in first aid, fire response, and crisis management.?

1. Employee Training and Drills: Conduct regular training sessions to educate employees on emergency protocols and their roles during an incident. Schedule periodic drills to practice evacuation procedures, lockdowns, or other emergency responses.?

1. Communication Systems: Establish reliable communication channels to notify employees of emergencies quickly and clearly. Use multiple platforms, such as intercoms, text alerts, and email notifications, to ensure messages reach everyone.?

Incident Response: Acting in the Moment?

When an emergency occurs, a well-executed incident response can minimize harm and set the stage for recovery. Key steps in incident response include:?

1. Immediate Notification: Alert employees and relevant authorities when an incident is identified. Use pre-established communication protocols to ensure the message is clear and actionable.?

1. Evacuation or Containment: Depending on the nature of the emergency, initiate evacuation or containment procedures. Ensure employees follow designated routes and comply with instructions from the Emergency Response Team.?

1. Medical Assistance: Provide immediate medical assistance to any injured employees. Coordinate with local emergency services to ensure timely care.?

1. Incident Command: Activate the Incident Command System (ICS) to streamline decision-making and allocate resources effectively. Designate a leader responsible for overseeing the response and maintaining communication with stakeholders.?

1. Documentation and Reporting: Record all incident details, including timelines, actions taken, and outcomes. Submit required reports to regulatory agencies and initiate internal reviews to identify areas for improvement.?

The Role of Leadership in Emergency Preparedness?

Leadership is pivotal in shaping a culture that values safety and preparedness. The ability to stay calm and rise to the occasion during an incident is crucial. Here are some key actions that leaders can take to support emergency planning:?

1. Advocate for Safety:?Leaders must prioritize emergency preparedness, allocating resources and time to develop and maintain the program.?

1. Engage Employees:?Encourage active participation in safety initiatives, fostering a sense of ownership and accountability among employees.?

1. Lead by Example:?Demonstrate commitment by participating in drills, attending training sessions, and following safety protocols.?

1. Communicate Transparently:?Keep employees informed about potential risks, updates to the EAP, and the organization’s commitment to their safety.?

1. Evaluate and Improve:?Regularly assess the effectiveness of emergency planning efforts, incorporating feedback and adapting to new challenges.?

Post-Incident Recovery and Evaluation?

The work doesn’t end when the immediate crisis is resolved. A comprehensive post-incident recovery plan ensures that the organization and its employees can return to normal operations quickly and effectively. Steps to consider for post-incident recovery:?

1. Employee Support: Provide emotional and psychological support to employees affected by the incident. Offer access to counseling services or Employee Assistance Programs (EAPs).?

1. Incident Review: Conduct a thorough review of the incident to identify successes and areas for improvement. Involve employees and Emergency Response Team members in the review process.?

1. Policy Updates: Revise emergency plans and protocols based on lessons learned during the incident. Share updates with employees to reinforce trust and confidence.?

1. Communication and Transparency: Keep employees informed about recovery efforts and any changes to safety procedures. Acknowledge their resilience and contributions during the crisis.?

1. Continuous improvement is key to building resilience through preparedness. Using insights from past incidents to enhance emergency preparedness and prevent future occurrences is a commitment to ongoing learning, training, and risk assessments to maintain readiness.?

Building Resilience Through Preparedness?

Emergency preparedness and incident response are critical components of a proactive workers’ compensation program. Equipping employees with the tools and knowledge to respond effectively and fostering a safety culture allows organizations to minimize the impact of workplace emergencies and protect their most valuable asset: their people. In the following article, we will delve into the process of?Selecting a Claims Partner, exploring how to choose the proper third-party administrator, insurer, or claims handler to align with your organizational goals and enhance your workers' compensation strategy. With a strong foundation in emergency preparedness, employers can demonstrate their commitment to employee well-being, building trust and resilience that extends beyond the crisis.?

Did Supervisor’s Text, Comments Show Walmart Manager Lost Job due to Retaliation?

Chris Parker

What Do You Think?

Boothwyn, PA?(WorkersCompensation.com) – Comments and texts from supervisors can sometimes support an employee’s claim of retaliation. But as a case involving a Walmart store manager shows, the employee still needs to show she suffered an adverse employment action.?

The assistant manager worked for Walmart starting in 2012 and suffered pelvic injuries in 2018.?After she was injured, she said, she leaned on counters or stacks of boxes as she tried to take pressure off her hip. She claimed that her supervisors, seeing this, remarked "you still got to get things done" and it was "not a good look for our customers." She also claimed that supervisors would often assign her additional work.

She accepted a job offer from Giant Food Stores on Aug. 31, 2019, gave her notice to Walmart on October 8, and began working for Giant two days later.

On October 21, the following text exchange occurred between the employee and her former Walmart store manager:

Claiming she was terminated by Walmart because of her injuries, the employee sued for FMLA and ADA retaliation, and the court granted judgment to Walmart.

On appeal, the 3rd U.S. Circuit Court of Appeals stated that, to establish retaliation, an employee must first show: 1) That she engaged in protected employee activity; 2) An adverse action by the employer either after or contemporaneous with the employee's protected activity; and 3) A causal connection between the protected activity and the adverse action.?

Did the employee establish a retaliation claim?

A. Yes. The comments and text of supervisors indicated that they fired her, which as an adverse action for purposes of retaliation.

B. No. She already had a job lined up before she separated from Walmart.

If you selected B, you agreed with the court in McLaughlin v. Walmart, No.?23-3201?(3d Cir. 12/03/24, unpublished), which held that the employee failed to show that she suffered any adverse employment action.

The employee, the court noted, voluntarily resigned. This was evidenced by her resignation notice, and the fact that she received and accepted a job offer from another company.

The court acknowledged the employee’s argument that her manager’s texting of the word “Health” was sufficient evidence that she was terminated because of her pelvic condition. Her supervisors, however, said she left of her own accord. Her supervisors documented and apparently believed that she voluntarily resigned due to health concerns.

“[The employee’s] subjective belief that she was terminated, without more, is insufficient to create a genuine issue of material fact to defeat summary judgment,” the court wrote.

It affirmed the District Court’s ruling in Walmart’s favor.

What is a Supplemental Job Displacement Voucher in California?

Frank Ferreri

Form Focus

In California, injured workers may be eligible to submit a supplemental job displacement non-transferrable $6,000 voucher for education-related retraining or skill enhancement. It can be used for education, counseling or training services.

The form, DWC-AD Form 10133.32, is available on Simply Research.

How Does it Work?

A worker can take the voucher to a California public school or to a state-certified provider on the Eligible Training Provider List, at https://etpl.edd.ca.gov and the school will be directly reimbursed upon receipt of a documented invoice by the claims examiner. The worker can also present the voucher to a counselor, which can be selected from the list on the Division of Workers' Compensation's ("DWC") website at: https://www. dir.ca.gov/dwc/SJDB/VRTWC_list.xlsx.

Eligible Expenses

This voucher may be applied to any of the following expenses at the choice of the injured employee:

(1) Education-related retraining or skill enhancement, or both, at a California public school or with a provider that is certified and on the Eligible Training Provider List, including payment of tuition, fees, books, and other expenses required by the school for retraining or skill enhancement.

(2) Occupational licensing or professional certification fees, related examination fees, and examination preparation course fees.

(3) The services of licensed placement agencies, vocational or return-to-work counseling, and résumé preparation, all up to a combined limit of $600.

(4) Tools required by a training or educational program in which the employee is enrolled.

(5) Computer equipment including, monitors, software, networking devices, keyboards, mouse, printers, and tablet computers of up to $1,000 submitted with appropriate documentation. The employer may give the employee the option to obtain computer equipment directly from the employer. The employee shall not be entitled to reimbursement for games or any entertainment media.

(6) Up to $500 as a miscellaneous expense reimbursement or advance, payable upon request without need for itemized documentation or accounting. The employee is not entitled to any other voucher payment for transportation, travel expenses, telephone or internet access, clothing or uniforms, or incidental expenses.

Return-to-Work Supplement

Because an injured worker receives the voucher and is unable to return to usual employment, the worker may be eligible for a Return-to-Work Supplement. The worker must apply within one year from the date the Voucher was served. The worker should make a copy of the voucher that she will need to apply for the Return-to-Work Supplement. Details about the Return-to-Work supplement program are available from the Department of Industrial Relations on its website, www.dir.ca.gov, or by calling 510-286-0787.

If a worker pays for eligible expenses, she may be reimbursed for these expenses upon submission of documented receipts to the claims administrator for reimbursement. Reimbursement payments must be made by the claims administrator within 45 calendar days upon receipt of voucher, receipts, and documentation.

If a worker decides to voluntarily withdraw from a program, she may not be entitled to a full refund of the voucher. If there is a dispute regarding the voucher, the employee or claims administrator may file Form DWC-AD 10133.55 "Request for Dispute Resolution before the Administrative Director" with the Administrative Director, Division of Workers' Compensation, P.O. Box 420603, San Francisco, CA 94142-0603.

California content on WorkersCompensation.com is brought to you by?Quiescence Congregate Living Health Facility.