First implemented in 1911, workers' compensation aimed to be a protective tool for the American workforce into the 20th century's industrialized age. At the time, 61 fatalities occurred for every 100,000 workers among a working population of 38 million. Today the workplace fatality rate hovers at 3.4 per every 100,000 workers as of 2020 U.S. Labor Department data out of approximately 160 million U.S. workers. While workplace fatalities and injuries declined significantly in the past century, more effort is needed to ensure working environments are as safe as possible.
As a result of the pandemic, workplace safety issues gained traction as a critical priority for federal and state lawmakers. The Occupational Health & Safety Administration (OSHA) became a crucial tool for employers throughout the thick of the pandemic. Now the federal agency is looking to improve workplace safety in other areas. Addressing heat illness and workplace violence prevention are just some of the many initiatives being discussed at the federal and state levels to better protect American workers. While OSHA is looking to provide more guidance on arising workplace safety and welfare issues, some states are taking their own initiative to keep workers safe by filing legislation.
Workplace Violence
Maryland (HB267), Massachusetts (HB2506), Michigan (HB5682 & 5084), Oregon (HB4142), and Utah (HB32) are some states proposing workplace violence prevention acts for workers in the healthcare sector. The Bureau of Labor Statistics (BLS) says that workers in the healthcare field experience workplace violence at a rate 4-5 times higher than workers in other economic sectors. It is approximated that three out of four instances of workplace violence occur to healthcare staff. Many of the bills proposed by these states would levy higher fines on those causing injury to healthcare personnel in hopes of deterring future attacks. Oregon and Michigan's bills go further, wanting to establish maximum penalties for instances of severe injury from violence to healthcare workers that include the possibility of incarceration. While these bills were filed in response to the pandemic, violence against healthcare workers already increased before then. More states will likely address this matter through regulatory or legislative action on bipartisan wavelengths in the near future.
Heat Illness Prevention
Workplace injury is highest during the summer, with more workers out and about. A recent UCLA Luskin School of Public Affairs study shows that on days with temperatures above 90 degrees Fahrenheit, workers face a 6% to 9% higher risk of injury. When the thermometer tops 100, the risk of injuries rises by 10% to 15%. According to the U.S. Bureau of Labor Statistics, heat illness is the leading cause of death among all weather-related phenomena.
New York (S1164/A5361) and Florida (SB732) are two major states that introduced bills to combat growing heat illness among the labor force. These proposals instruct state agencies to develop and implement heat illness prevention standards with employers. Bill language will ask that state agencies to establish a maximum heat temperature standard and provide detailed guidance to employers on how to best mitigate hot weather when working outdoors. These measures would include setting up cooling stations and potentially altering work hours to times when temperatures are cooler. The bill aims to educate, train and protect workers regarding heat illness risks as temperatures continue to rise with the escalating threat of climate change.
Workplace safety, in general, is becoming a bigger priority for several states. While OSHA and federal authorities will continue to charter course on the subject, each state has its own unique needs and areas it focuses its attention on. State economies vary, and therefore workplace safety priorities will depend on various factors such as a state's economic profile, weather, infrastructure, and socio-economic makeup. With new technologies, increased telecommuting, and a renewed approach to worker safety on the federal and state levels, workplace safety bills are likely to garner more consideration from legislators and regulators.