Policy, Procedure, and Execution Deborah Pape, PhD, SPHR, SHRM SCP Performance and Process Improvement Associates 2016 Workers’ Compensation Symposium March 10, 2016

Legal Disclaimer I am not an attorney, and the information I’m presenting is not legal advice. This presentation provides information based on my knowledge, training, and experience. You are urged to have a labor attorney review all policies and procedures. Copyright 2016 Performance and Process Improvement Associates

WC Program Focus Supporting injured or ill employees Filling temporary vacancies in the workforce Meeting all legal requirements Protecting the company Decreasing risks Copyright 2016 Performance and Process Improvement Associates

Operational Definitions Policy – Statement of the way that a particular issue will be handled whenever it occurs that has been agreed to by an organization Procedure – The steps that are to be followed to implement a policy Form – An information gathering tool that helps ensure needed information is gathered Execution – How the work is actually done Copyright 2016 Performance and Process Improvement Associates

Why are policies and procedures important? Policies provide information to employees about how the organization will approach and manage specific issues. Policies guide decision making. Procedures provide instruction to employees about the actions they are supposed to take, when they are supposed to take the actions, and any other things they are required to do or not to do. Without a policy and procedure, each individual employee has to decide what to do and how to do it on their own. Copyright 2016 Performance and Process Improvement Associates

Does Organizational Size Matter? No Copyright 2016 Performance and Process Improvement Associates

Components of a Policy Introduction – Purpose of policy Who/where is affected – states which locations and employees are subject to the policy (or excluded from it) Statement of responsibilities Policy Statement – specific requirements of action/behavior Effective date Authorizing authority Copyright 2016 Performance and Process Improvement Associates

Components of a Procedure (Think cook book) Step by step guide listing what actions to take Includes list of any forms or documents that must be completed and where to get these Notes time in which actions are to be taken (if applicable) Note: Procedures can serve as the basis for development of training materials Copyright 2016 Performance and Process Improvement Associates

Correct Execution Organizations can have beautiful, legally sound policies and procedures (P&P), but still have problems if these are not followed and executed properly Well meaning employees can put the organization in jeopardy if individual employees don’t follow the P&P as it is designed to be followed Forms help, but employees sometimes go in different directions in other ways Copyright 2016 Performance and Process Improvement Associates

P&P Related to Workers’ Comp Workers’ Compensation Return to Work Modified Duty Copyright 2016 Performance and Process Improvement Associates

Workers’ Compensation Policy (Organization) provides all regular full-time and part-time employees with Workers’ Compensation insurance in accordance with state law. The exact benefits to be provided are determined by statutory requirements of the state in which the worker is employed and are subject to the legal requirements in effect at the time of the injury or illness. Copyright 2016 Performance and Process Improvement Associates

Return to Work Policy Any employee who is (1) absent from work for more than three (3) consecutive scheduled work days due to illness or injury, or (2) admitted to the hospital, or (3) receives hospital emergency room treatment must obtain a release to return to work from their attending physician fully releasing the employee to perform all job duties. Any employee who is not fully released to perform all job duties must request consideration to be allowed to return to work under the Modified Duty policy. Copyright 2016 Performance and Process Improvement Associates

Modified Duty Policy (Organization) strives to assist employees in returning to work as soon as possible following an injury or illness. Whenever possible, modified duty* positions will be offered to injured workers who are unable to return to full duty to minimize time lost from work. (Organization) cannot guarantee modified duty positions and does not have to offer them. Employee may only remain in a Modified Duty position for a maximum of 30 days. * Modified Duty Policy does not supersede or modify the procedures applicable to employees eligible for reasonable accommodation or covered under the Americans with Disabilities Act or leave benefits under the Family and Medical Leave Act (FMLA). Copyright 2016 Performance and Process Improvement Associates

Unintended Consequences Confusion Work Culture Concerns Reduced Productivity Copyright 2016 Performance and Process Improvement Associates

No P&P Personal Feelings Inconsistent Execution of P&P Supervisors CEO/Site Leader High Risk Areas Copyright 2016 Performance and Process Improvement Associates

Conflicts and Complications Workers’ Comp vs. OSHA – If injury or illness was a result of an employee violating Safety or other P&P do you take disciplinary action against the employee who was injured or became ill? – Safety rewards programs may encourage employees not to report injuries. – Wrong decisions can turn incidents into OSHA Recordables Copyright 2016 Performance and Process Improvement Associates

Conflicts and Complications Modified Duty – If modified (light) duty is allowed for people who are receiving Workers’ Comp services, it may also have to be provided as a reasonable accommodation under ADA – The EEOC has provided specific guidance on this for pregnant employees in its July 2014 Pregnancy Discrimination Guide Copyright 2016 Performance and Process Improvement Associates

Share What are the key issues that you are experiencing with the Workers’ Compensation in your organization? Copyright 2016 Performance and Process Improvement Associates

Final Review Policies provide a foundation and a direction Procedures provide a “how to” Forms contribute to standardized Execution of the procedures Without standardized Execution, P & P are only words on paper. An effective system to manage Workers’ Compensation, or any other area of HR, must include all three. Copyright 2016 Performance and Process Improvement Associates