Millions of teenagers will be exposed to the same workplace safety hazards as their adult counterparts, but they may be more likely to get injured.

Young workers are likely to be inexperienced, under-trained, physically immature, and eager to please. Consequently, they may take on tasks they are not comfortable with or fail to recognize safety hazards. They may also perform tasks without regard for proper safety procedures or freeze up in emergency situations.

On top of all that, they may be afraid to ask questions.

So how do you help keep your young workers safe? Acknowledging that they pose unique challenges with regard to workplace safety is a good place to start. Texas Mutual^® loss prevention consultants recommend five tips to help make your young workers’  jobs a positive experience for you and them.

1. Know the law
The Occupational Safety and Health Act requires employers to provide safe, healthy work environments for all employees. The Fair Labor Standards Act has provisions that apply to youth labor, and the Texas Child Labor Law specifically protects young Texas workers. These laws govern such things as how many hours youths can work, what industries they can work in, what tasks they can perform, and what equipment they can use.

Learn the regulations, and comply with them. If you do not, you may be subject to fines or legal action. When federal and state laws conflict, the law that provides the most protection for the worker applies.

2. Train young workers
During their first day on the job, train young workers to use personal protective equipment, follow safe work procedures, and use the safety features on machines. Give them instructions that are specific to the tasks they will perform. Ask them to repeat the instructions, show them how to do each task, watch them do it, correct mistakes, and ask them if they have any questions. Don’t let them start work until they show you that they can do their jobs safely.

Don’t stop there, though. Make sure someone supervises young workers whenever possible, and avoid letting them work alone. Periodically watch them do their jobs to make sure they take the training to heart.

3. Adopt behavior-based safety
Behavior-based safety focuses on changing the unsafe behaviors that contribute to workplace accidents. If you introduce young workers to your company’s behavior-based safety process now, you can help instill safe work behaviors that will serve them well through their entire working lifetimes.

Behavior-based safety encourages employees to watch out for each other’s safety. If possible, match young workers with front-line supervisors or experienced co-workers who can answer their questions about job tasks and safe work procedures.

4. Prepare teens for the unexpected
Every worker should know how to respond to on-the-job emergencies. Provide First Aid training, show them where to find First Aid kits and other emergency supplies, tell them whom to contact for help during emergencies, and teach them the importance of remaining calm.

Make sure they understand how to report an emergency to a 9-1-1 dispatcher. Tell them to give the location (including the street address and nearby intersection, if possible), their name, the phone number they’re calling from, a description of what happened, a description of the victim’s condition, and any medical alert information on the victim. Remind them to stay on the line until the dispatcher tells them it’s okay to hang up and always to follow the dispatcher’s directions.

5. Be approachable
Perhaps the easiest thing you can do to help keep your young workers safe is be approachable. Think back to your first job. Were you nervous? Intimidated? Eager to make a good impression?

Your young workers feel the same way. Make sure they feel comfortable asking questions and reporting unsafe conditions. Open communication is a crucial part of any workplace safety program.

Article by David Wylie and Loss Prevention Consultant Susan Larison, Texas Mutual Insurance Company.

In most ways, Chad Hennings was no different than anyone else in the working world. Every day he reported to work was another day he could have been injured on the job.

Hennings’ occupation is what set him apart, forcing Texas courts to re-evaluate a piece of the workers’ comp law that has stood since 1991.

Hennings made a living tackling quarterbacks in the National Football League. He retired in 2001 after injuring his spine. Concerned he would need ongoing medical treatment, he filed a workers’ compensation claim.

Hennings’ claim played out in court for the better part of the decade. At issue was whether the benefits provided by his football contract made him ineligible for workers’ compensation benefits. Ultimately, the 10th Court of Appeals in Waco decided that Hennings was entitled to 15 weeks of disability benefits.

Most claims are not as complicated as Hennings’. Texas Mutual evaluates each claim individually.

Generally, a claim is compensable if the injury happened during the course and scope of employment. For example, a construction worker could smash his thumb while hammering a nail.

For a definition of course and scope, see the Texas Labor Code, Sec. 401.011 (12). As with most rules, there are exceptions to the course and scope rule. Again, state law provides direction.

Under the Texas Labor Code Sec. 406.032, insurance carriers may dispute compensability in the following situations.

Intoxication

If the employee was intoxicated at the time of injury, the claim may not be compensable, even if the employee’s intoxication was not the cause of the injury.

The law assumes that the employee had the normal use of his mental and physical faculties. If the insurance carrier can provide evidence of intoxication, the burden of proof shifts to the employee to show that he was not intoxicated at the time of his injury.

That is why Texas Mutual recommends that employers send employees for drug and alcohol tests as soon as possible after an injury. Consult an attorney before you launch a drug testing program to make sure you comply with the law.

Willful intent

Willful intent injuries happen when an employee intentionally injures himself or a co-worker.

Act of a third party

Act of third party injuries happen when someone injures one of your employees for personal reasons unrelated to their employment.

Off-duty activities

If an employee is injured during an off-duty recreational, social or athletic activity, the injury is probably not compensable. The law might make an exception if the employer required the employee to participate in the activity.

Acts of God

Acts of God include tornadoes, lightning and other forces of nature. Injuries caused by acts of God are usually not compensable unless the employee’s job duties put him or her at higher risk than the general public.

Horseplay

Sometimes, employees play pranks, practical jokes or engage in other horseplay. If they get injured in the process, their claims are probably not compensable.

Disputing compensability

Texas Mutual adjusters conduct thorough accident investigations and strictly follow the law to determine whether an injury is compensable. If we decide to pay a claim and you disagree, the law allows you to dispute our decision.

Call the adjuster assigned to the claim, and explain why you think the injury is not compensable. If we disagree, you may file a dispute with the Texas Department of Insurance, Division of Workers’ Compensation (DWC).

Start by submitting DWC Form-4, Employer’s Contest of Compensability, as soon as possible. The form is available in the Employer Forms section at texasmutual.com.

From there, the dispute enters the administrative phase. You may be asked to attend a Benefit Review Conference, Contested Case Hearing or another form of mediation. It is important that you show up and present your side of the dispute.

You can visit the Employers section at texasmutual.com to learn how to respond to injuries, monitor the status of your claims, control your claim costs and help injured workers get the prescriptions they need.

Article by David Wylie, Texas Mutual Insurance Company.