Update on non-emergency COVID pay

California alters COVID standard

  • Cal/OSHA’s Division of Occupational Safety and Health won’t add exclusion pay to the non-emergency version of its COVID standard, according to Deputy Chief for Health Eric Berg.
  • Businesses are relieved that the exclusion pay provision is out but unhappy that the stand is proceeding,. 
  • Adding pay for employees required to be excluded from the workplace because of COVID would require a delay in implementing the proposed extended standard of at least several months, Berg said. 
  • The Standards Board will vote on the regulation at its December meeting, and the standard is expected to take effect at the first of the year. 

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Rates rise in The Golden State

  • The latest wage data from the U.S. Department of Labor show that California’s SAWW increased by 5.159 percent from $1,570 in the first quarter of 2021 to $1,651 in the first quarter of 2022. 
  • State law also ties minimum weekly TTD/PTD rates to SAWW increases, so those minimums will rise by $11.91 from the current $230.95 per week to $242.86 per week for claims with 2023 injury dates.
  • Department of Industrial Relations unit, Division of Workers’ Compensation is expected to issue a formal, notice about the increase at some point. 
  •  TTD/PTD maximum rate stands at $1,539.71 per week for 2022 injuries following a record increase of more than 13.5 percent that took effect last January and will increase to $1,619.15 per week for claims with injury dates on or after Jan. 1, 2023.

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Greater emphasis on fall hazards

  • OSHA has placed an increased emphasis on accidents at construction sites.
  • The construction industry already accounts for more than half of all OSHA citations.
  • OSHA guidance emphasizes training, worker awareness of potential hazards, and inspections of job sites to avoid incidents.
  • The agency has further stressed fall protection, proper equipment operation, work zone stability, and overhead protection in operating aerial lifts.

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Transgender woman receives workers comp after harassment

  • A transgender woman in Japan received workers’ compensation when she developed depression after verbal abuse from her boss.
  • The woman in her 40s was born a male but later started living in society as a woman after she started working at a company in Kanagawa.
  • The lawyers say her boss started making abusive remarks about her gender.
  • She developed depression and was forced to take a few years off from work.

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