found that out,” said Rivas.


health, who can determine whether or not the worker can return to work and prescribe a course of treatment. “It helps keep costs down and provides the best care for an as- sociate to get them back to work as quickly as possible,” said Russo. LCS designates a point person at each


building to handle incidents. The designee is typically the human resources director or the executive director. It is not the employ- ee’s direct supervisor. The designee checks in daily with the worker to make sure the process is proceeding correctly. “We need someone skilled at dealing with employees,” said Rickert. “We want employees to know we care about the individual.” The point person is also responsible for


arranging what the company calls “transi- tional duty.” Instead of using the common term of “light duty,” the word “transitional” conveys the idea that the goal is to transition workers back to their original roles.


Update policies, worker manuals, and job descriptions Employee handbooks get a bad rap, often consigned to the back of


the file cabinet. But a best practice is to reg- ularly update policies and clearly map them out in writing for employees. “The hand- book makes clear the rules of the road when working for that employer,” said Elizabeth Owens Bille, general counsel at the Society for Human Resource Management, “Hand- books also provide consistency in how man- agers should handle certain situations.” Employee harassment, for instance, has


been a growing topic in the news lately, and it’s important to have a strong anti-discrim- ination policy, said Bille. The policy should state that no employees will engage in ha- rassing or discriminatory behavior under the law and also set forth expectations that the workplace will be one of respect and dignity. Another critical area the handbook


should cover is an anti-retaliation policy. It should be made clear that an employee who brings a complaint will not be retaliated against by another person or the company. “There should be zero tolerance for that,” said Bille. She explained that the areas where companies often get into trouble is


not with the initial complaint, but if a re- taliatory action is taken against the worker. This could be a reassignment to a less favor- able job, excluding the worker from meet- ings, or a termination. “These situations are a slam dunk win by the employee against the company,” said Bille. “What makes re- taliation unlawful is that it is unjustified.” Confidentiality requirements should also


be outlined in company handbooks. These relate to the privacy of residents, both of their personal and medical records. Another area involves conflicts of inter-


est, in other words, separating personal en- deavors from work activities. For example, policies should clearly state the rules around using company computers for personal email. Don’t overlook the obvious, either, said Bille. The handbook should be explicit. Employees are not allowed to steal resident property, for example, or they will be subject to discipline and criminal prosecution. Policies should be put in place around criminal background checks of employees and applicants. The policy should state un- der what circumstances checks are made and how the results are reviewed and ana- lyzed. Employers must comply with Equal Employment Opportunity Commission rules. They state that an individual assess- ment of the results of the background check must be conducted. Social media plays a big role in the work-


place today—an area fraught with liabilities for the employer. “The problem is getting worse,” said Kristi Eldredge, senior patient safety consultant at MMIC Group, an in- surance provider for health care facilities. Privacy and confidentiality are the main


concerns, especially around employee and resident interactions. Many senior living properties prohibit employees from carry- ing their personal phones and devices with them during work hours. “Managers need to help employees know


what is acceptable,” said Eldredge. Policies should map out what is allowed and what crosses the line. Posting a picture on Face- book of a resident is never acceptable, for example. Workers should not “friend” resi- dents or their family members. Discussing work conditions online is a


grey area, however. An outright ban on such posts could be considered a violation of the


worker’s rights under the First Amendment of the U.S. Constitution. Employers should also not ask for a worker’s passwords. A rule of thumb, according to Eldredge,


is to have a policy that certain information should not be posted if it was learned on the job. Policies should also specify who is authorized to post and monitor information on the corporate social media account.


Work with your insurance carrier “A best practice is to have a great relationship with your workers’ compensa- tion claims adjuster, your


insurance carrier, and third-party administra- tor, if one is used to handle claims,” said Rus- so. It’s important to communicate with the carrier and detail how claims should be han- dled based on your expectations, he added. Insurance carriers can be a great re-


source. The companies can provide help with policy handbooks, job descriptions, and general safety processes. At Pathway to Living, safety manuals and


practices are reviewed by the insurance carri- er. The carrier has also helped to create mod- ified job descriptions for every position, so employees can return to work more quickly after an injury and take light-duty type as- signments. Pathway has found that the quick- er an employee returns to work, the faster they heal, which also fosters a better attitude toward the employer. “Create a partnership with your insurance broker,” advised Oliva. Assurance helps its clients create job de-


scriptions, employee handbooks, and poli- cies related to insurance matters. For exam- ple, they can help senior living providers put together a family medical leave policy. Another suggestion from Assurance is to conduct a root cause analysis when an em- ployee is injured. The idea is not to point fingers or assign blame, but to find out what caused the injury and correct the problem, said Rivas. For example, an employee fell in the shower room even though she was wear- ing non-slip footwear. During the analysis, the employee alerted the claims adjuster that the drain was clogged, which caused water to spill on the floor causing the haz- ard. “If that employee had not been part of the root cause analysis, we would not have


JANUARY/FEBRUARY 2018 ARGENTUM.ORG 33


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