Title: Document Number: Document Type: Affected Departments: Review Bodies: Revision/(Review) Dates: (Dates that included only a review, but no content revision, are in parentheses) Effective Date: 08/12 SUMMARY OF ATTACHMENTS: Associated Form(s): Other Associated Document(s): Associated Policies/Procedures: None Work- Related Employee Accidents/Illnesses and Transitional Duty HR-EH-02 Policy, Procedure All Departments Position or Committee Employee Health, Regional Director (Owning body) 07/12, 3/09, 1/07, 9/04, 1/02, 2/00 Date Review Completed 07/12 Workers Compensation Transitional Duty Return to Work Program Notification Letter Transitional Duty Work Agreement HR-EH-15 Blood/Body Fluid Exposure Protocol HR-79 Paid Time Off/Extended Illness Days HR-03 Americans with Disabilities Act Compliance / Employment Practices for Disabled Person HR-27 Family and Medical Leave Act (FMLA) and National Defense Authorization Act (NDAA) HR- 93 Leave of Absence (LOA) (Non Family and Medical Leave) All HR Policies APPROVED BY: Approval Body Name Authentication Date (Position or Committee) Vice President, Human Resources Sarah Spinharney Digital Signature 08/12 Quality Steering Patient Safety Committee Meeting Minutes & Digital Signatures 08/12 Work- Related Employee Accidents/Illnesses and Transitional Duty Page 1 of 7
I. PURPOSE Baptist Health System (BHS) strives to promote and maintain a safe work environment for employees, students, volunteers, and all who work within our facilities. When an occupational accident/illness does occur the goal of Baptist Health System is to provide prompt, appropriate care to the individual in an effort to enable them to recover and return to work in a timely manner. To meet this goal it is imperative that proper identification and reporting of occupational accidents/illnesses takes place as soon as possible. II. DEFINITION According to the Occupational Safety and Health Administration (OSHA) Record-keeping Guidelines for Occupational Injuries and Illnesses: A. An injury or illness is considered work related if it results from an event or exposure in the work environment caused or contributed to the condition or significantly aggravated a preexisting condition. The work environment is primarily composed of: 1. The employer s premises 2. Other locations where employees are engaged in work-related activities or are present as a condition of their employment. When an employee is off the employer s premises, work relationship must be established; when on the premises, this relationship is presumed. The employer s premises encompass the total establishment, not only the primary work facility, but also such areas as company storage facilities. In addition to physical location, equipment or materials used in the course of an employee s work are also considered part of the employee s work environment. B. Work-related injuries/illnesses that require reporting to OSHA are: 1. Death 2. Loss of consciousness 3. Days away from work (more than 24 hours) 4. Restricted work activity or job transfer 5. Medical treatment beyond first aid (refer to OSHA definition of first aid) 6. Any needle-stick injury or cut from a sharp object that is contaminated with another person s blood or other potentially infectious material 7. Any case requiring an employee to be medically removed under the requirements of an OSHA health standard; and Tuberculosis infection as evidenced by a positive skin test or diagnosis by a physician or other licensed health care professional after exposure to a known case of active tuberculosis. III. PROCEDURE In the event of a work related accident/illness, the employee/volunteer involved and the manager/charge person will follow the protocol as listed below: A. The employee/volunteer will notify their manager or appropriate charge person available as soon as possible when a work related accident/illness has occurred. Work- Related Employee Accidents/Illnesses and Transitional Duty Page 2 of 7
B. If it is an emergent situation and the employee/volunteer is in need of immediate care, the employee/volunteer will go to (or be assisted to) the nearest BHS Emergency Dept. (ED) If the individual is in need of immediate/emergent care but not located near a BHS Emergency Dept., Emergency Medical Services (EMS) can be called to assist the employee (# 911). The BHS Employee Injury Report can be completed as soon as possible after the employee has received treatment and is stabilized. C. If the employee/volunteer does not need to go immediately to the Emergency Dept. (ED), the individual, with the manager/charge person s assistance, will document the necessary information about the accident/illness on the BHS Intranet Occurrence Reporting System. D. After the Occurrence Report is completed, print a copy of the occurrence report first then select SAVE to save and submit the report. The occurrence report copy is to be sent with the individual to the ED or Employee Health if the employee chooses to visit either of those departments to be evaluated and returned to the dept. manager. If the individual does not want or need to be evaluated/treated, the copy is given to the dept. manager. See detailed occurrence report instructions attached. E. Employees that have had a blood and/or body fluid exposure (BBFE) must notify employee health during business hours, or the house officer or other appropriate designee after hours for further instructions, and follow up with the nearest BHS ED for assessment, evaluation and appropriate counseling. Please refer to HR-EH-15 Blood and Blood Fluid Exposure Protocol. F. If the employee/volunteer requires only basic first aid, the individual may follow up with the nearest BHS Employee Health office when there is an occupational health nurse on duty. G. If the employee/volunteer receives physician orders for any physical restrictions/limitations, the employee needs to contact the BHS Workers Compensation Dept. (WCD) for a possible transitional duty work assignment (see section IV), or if the employee is not released to return to work by the next working day, the employee needs to contact the BHS WCD by the next business day for additional instructions/ information. H. Per the Texas Worker s Compensation Division, if the employee is unable to return to work post accident/injury, the employee is not compensated for the first 7 calendar days of lost time following an accident. The employee may opt to use PTO/EID, if available, for the first 7 days, up to the number of hours normally scheduled, if they choose. (Refer to HR-79 Paid Time Off / Extended Illness Days) I. BHS will abide by all state and federal statues that may apply including Americans With Disabilities Amendments Act (ADAAA), Family Medical Leave Act, and any other regulatory requirements. (Refer to HR-03 Americans with Disabilities Act Compliance / Employment Practices for Disabled Persons, HR-27 Family and Medical Leave Act Work- Related Employee Accidents/Illnesses and Transitional Duty Page 3 of 7
(FMLA) and National Defense Authorization Act (NDAA), and HR-93 Leave of Absence (LOA) (Non Family and Medical Leave). IV. TRANSITIONAL DUTY (TD) The Transitional Duty Program facilitates employee placement back into the workplace following a work related injury/accident by focusing on physician delineated limitations that can be temporarily accommodated by Baptist Health System (BHS) and assigning the employee to a temporary position enabling the use of skills the employee is capable of accomplishing. The Transitional Duty program is a benefit provided for employees with physical limitations following a work-related accident/injury or illness. The goal of the BHS Transitional Duty Program is to provide an effective means of returning the employees to work in an efficient time frame utilizing their optimal functional capacity. V. RESPONSIBILITIES A. Employee 1. Reports promptly (within 24 hours) to BHS workers compensation staff and the workers compensation insurance co. any changes in status, any changes in compensation and any changes in hours assigned to work. 2. Provide supervisor with a record of the time spent in physical therapy and/or physician s office during assigned work hours at the end of each week. Employees are encouraged to schedule their Physical Therapy (PT)/ physician (MD) appointments after their shifts (TD cost center does not pay for time spent in PT/MD sessions). 3. Abides by the policies/procedures of the BHS Transitional Duty Program and BHS HR policies. 4. Cooperates with and participates in the care and treatment recommended by the healthcare provider to demonstrate a good faith effort to rejoin the workforce. 5. Employee must be in the process of progressing to full functional capacity. 6. Notify the Workers Compensation Department and Human Resources (HR) if restrictions are declared/deemed to be permanent by the employee s healthcare provider. B. Workers Compensation Dept. (WCD) 1. Identifies and maintains a list of TD positions available with appropriate job descriptions. 2. Identifies the injured worker eligible for the TD program. 3. Collaborates and communicates with the employee, healthcare provider, workers compensation/employee health staff, insurance carrier, human resources rep and supervisor in the coordination of a TD assignment. 4. Facilitates placement of the employee to the appropriate TD position. 5. Monitors and evaluates the success of the TD assignment and overall program. 6. Assesses whether employee is in the process of progressing to full functional capacity. Work- Related Employee Accidents/Illnesses and Transitional Duty Page 4 of 7
7. Notifies Human Resources (HR) & employee s manager when employee has a change in status, is released to return to work and /or has reached Maximum Medical Improvement (MMI). C. Department Manager/Supervisor 1. Assists with the identification and placement of TD assignments. 2. Communicates with WC Dept. regarding the employee s TD work assignment. 3. Collaborates with payroll and the WC Dept. in revising the TD employee s pay sheet to ensure proper compensation. 4. Assesses and evaluates employee performance during the TD position to assure that employee is working within their current physical restriction boundaries. 5. Applies appropriate disciplinary action if warranted for employee infractions. ) Refer to HR policies on the BHS Intranet. VI. POLICY A. The assignment to a TD position will be based on the employee s limitations as delineated by the attending physician through evaluation of the essential job functions and physical demands as listed on the job description. Every effort will be made to provide TD assignments for those employees identified as eligible, however, no guarantee can be made that positions will be available or that placement will be made. Each employee s case will be assessed and determined on an individual basis. B. The TD position is a temporary assignment and we deem this temporary as a means for the injured individual s condition to improve to the point of being able to return to a regular duty assignment. Physical limitations/restrictions are considered to be temporary. C. During the TD position, this assignment is temporary and subject to change as warranted by the WCD. You may be reassigned to another position/department or the assignment discontinued if there is no work available, or, after a period of time, your physical condition fails to improve or worsens. The employee will not be assigned or floated to another dept., will not work overtime and will not be allowed to take on call assignments unless approved by the WCD. The TD position ends when the employee is released to full duty, is able to perform the physical demands as listed on their job description or reaches MMI (Maximum Medical Improvement) as deemed by the appropriate physician. D. The employee may apply and be considered for other positions (within BHS) however the employee must qualify for the position and currently be able to perform the physical demands as listed on the position job description. If the employee qualifies and is offered the new position, the employee may transfer. When an employee qualifies and is transferred to another position they will no longer be in transitional duty. E. If the employee has physical restrictions per their treating physician but is still able to perform all the physical demands of their job description while abiding by the physicianordered restrictions, the individual will not need to be in a transitional duty assignment. Work- Related Employee Accidents/Illnesses and Transitional Duty Page 5 of 7
F. The employee is encouraged to make any necessary medical appointments after work hours. If the employee is unable to schedule medical appointments (related to occupational injury, only) after work hours, the employee needs to schedule their appointments by coordinating with the dept. supervisor. G. The employee is not compensated through worker s compensation for medical appointments. H. Upon being offered a TD position following a work related injury, the employee is expected to demonstrate a good faith effort to rejoin the workforce, accept the assignment and participate in the TD program. Continuation in the TD position is based on the employee s functional progress. I. If the employee declines a TD assignment, they can apply for a leave of absence. The employee will be paid through PTO (Paid Time Off) or EID (Extended Illness Days), if available. If no PTO and/or EID are available, no income compensation is made. When an employee declines a TD position workers compensation is not obligated to pay income benefits because the employee s restrictions were being temporarily accommodated, but the employee did not accept the position. J. During TD, if an employee calls in sick with an illness not related to the occupational injury, the employee will be paid according to BHS policy. K. The employee is responsible for keeping their department manager and the WCD updated regarding their medical treatment and their progressive work capabilities as set forth by the treating physician. If the employee does not give notification of any changes/updates it can affect their Worker s Compensation benefits/eligibility. L. The WCD and the employee are responsible for communicating to the insurance carrier any changes/updates regarding the status of the injured employee. M. Temporary Transitional Duty is available only to employees who experience work related injuries or illnesses that are compensable through BHS Workers Compensation Program and employee s injuries are anticipated to be temporary in extent and duration. VII. TRANSITIONAL DUTY COMPENSATION While in a TD position, the employee will be compensated at their base rate for the hours worked including shift/weekend differentials if applicable. The employee is not to work any overtime unless approved in advance by the WCD. All TD positions are considered non-exempt status temporary assignments. The WCD will communicate with the employee, the payroll personnel, and the dept. supervisors regarding the specifics of payroll revisions and compensation while in the TD program. Specific instructions will be given to the employee and the supervisor responsible regarding clocking in and out procedures and handling of payroll/paychecks. Work- Related Employee Accidents/Illnesses and Transitional Duty Page 6 of 7
VIII. PROCEDURE A. The employee and/or healthcare provider must submit documentation of release to return to work stipulating any physical restrictions/limitations to their supervisor and the WCD. B. The WCD contacts the employee to discuss and arrange a TD assignment. C. The WCD contacts the department manager to discuss and arrange the TD assignment. If the employee cannot be placed in their original department, another TD assignment in an alternate department will be considered to best meet the employee s needs. If BHS cannot accommodate the employee s restrictions (no TD positions available, or the employee s physical restrictions are such that the employee cannot be temporarily accommodated) the employee will remain off of work and be compensated as appropriate through workers compensation and/or PTO/EID benefits until a position becomes open, the physical restrictions change enabling the employee to be placed in a TD position, or the employee is able to return to work without restrictions. D. The employee reads and signs the Transitional Duty Work Agreement and is given a copy of the Transitional Duty policy along with the clocking in and out instructions. E. The WCD notifies HR and the insurance carrier about the TD assignment and change in injured employee s status. When the employee is released to return to full duty or reaches MMI as designated by the treating physician, the TD assignment ends. If the employee s original position is no longer available and/or the employee continues to have physical limitations that prevent a return to the original position the WCD will refer the employee to the HR. The WCD will notify the appropriate HRD of the referral. The employee and HR will work collaboratively in an interactive process to search for an alternative position within BHS for which the employee is qualified. This interactive process will continue for up to 60 days from the date of referral. An extension of the 60-day period will be considered on a case-by-case basis. During the 60-day interactive period the employee may use PTO and/or EID if applicable. If all non-productive time is exhausted the employee will be placed on leave without pay. If the employee is unable to secure an alternative position within the designated time period the employee may be terminated and eligible for rehire. If the employee is terminated they are still eligible for medical treatment coverage related to the occupational injury or illness as deemed reasonable by the Workers Compensation Insurance Carrier. IX. REFERENCES Texas Workers Compensation Manual, copyright 2008 by Flahive Ogden Company Work- Related Employee Accidents/Illnesses and Transitional Duty Page 7 of 7