Marking the Third Anniversary of the Commission

We are just entering our third year of operation at the Oklahoma Workers' Compensation Commission. It appears that cases are processing smoothly through the system. Compensable awards are being paid and workers who were once injured are returning to work as soon as medically possible. I want to express my appreciation to the staff and stakeholders of the Commission for their cooperation in preparing and presenting the cases for early decision.

There have been several articles recently written in The Oklahoman, OKC Friday, and the Tulsa Today praising our system. A recent article was just published by the Oklahoma Council of Public Affairs in its April 2017 Perspective magazine. I have attached the link to the article for your review: http://www.ocpathink.org/article/workers-comp-reform-is-working

3 Practices for Safeguarding Employees from Opioids

By Commissioner Jordan K. Russell, JD

Educate Employees on the Risks of Opioids 

An informed employee is a safer employee. Employers should educate their employees on risks associated with prescription opioids. Arming employees with questions to ask their healthcare providers and information on the addictive, deadly power of prescription opioids will allow them to make smarter healthcare decisions if an when an injury or illness occurs.[1]  Management and employees should always know where to find confidential treatment if opioid abuse becomes a problem.

Update Drug Use Policies to Cover Prescription Drug Use

An employer’s drug-free workplace policy should be updated to address prescription drug use in the workplace.[2] The National Safety Council advises that an effective policy should address even prescription drugs used by employees under a doctor’s orders, requiring the employee to consult his or her health care provider and pharmacist with whether a prescription or over-the-counter drug may interfere with the safe performance of his/her job. Employers can help with this charge by providing the employee with an accurate and detailed description of the employee’s job duties to review with healthcare providers.[3] The policy should also direct employees to use appropriate personnel procedures such as using sick leave or requesting a change of duty if a prescription drug in conjunction with the employees’ normal job duties could cause safety hazards.[4] Employers should be aware that the Americans with Disabilities Act provides protections for employees whose condition is considered a disability and may require employers to accommodate an employee using prescription drugs.[5]

Ensure Drug Testing Protocol Detects Opioids

Employers should review their drug testing policies to make certain their practices keep prescription drugs in check. In Oklahoma, the opioids hydrocodone, oxycodone, and tramadol comprise some 27 percent of all workers’ comp prescriptions written.[6]   Employers should be aware that the commonly used five-panel urine drug test, which tests for opiates, cocaine, marijuana, PCP and amphetamines, is not reliable to detect synthetic or semi-synthetic opiates.[7] Hydrocodone, oxycodone, fentanyl and methadone are all drugs that will go undetected.[8] Employers should consult their drug testing vendors to ensure that commonly prescribed opioids are tested.

 ---------------------------------------------------------------------------

[1] The Proactive Role Employers Can Take: Opioids in the Workplace [Scholarly project], p. 7. (n.d.). National Safety Council. Retrieved April 17, 2017, from http://www.nsc.org/RxDrugOverdoseDocuments/proactive-role-employers-can-take-opioids-in-the-workplace.pdf

[2] Id.

[3] Miller, S. (2017, March 17). As Opioid Epidemic Rages, Worksite Policies Overlook Prescribed Drugs [Scholarly article]. In Society for Human Resource Management. Retrieved April 17, 2017, from https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/workplace-rx-drug-policies.aspx

[4] The Proactive Role Employers Can Take: Opioids in the Workplace [Scholarly project], p. 8. (n.d.). National Safety Council. Retrieved April 17, 2017, from http://www.nsc.org/RxDrugOverdoseDocuments/proactive-role-employers-can-take-opioids-in-the-workplace.pdf

[5] Americans With Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), see also The Proactive Role Employers Can Take: Opioids in the Workplace [Scholarly project], p. 8. (n.d.). National Safety Council. Retrieved April 17, 2017, from http://www.nsc.org/RxDrugOverdoseDocuments/proactive-role-employers-can-take-opioids-in-the-workplace.pdf

[6] Medical Data Report for the State of: Oklahoma [Scholarly project], p. 42, Chart 36. (2016, September). National Council on Compensation Insurance.

[7] Heit, H., MD, & Gourlay, D., MD. (2015, July 2). Philosophy of Urine Drug Testing In Pain Management [Scholarly project]. In Prescribe Responsibly. Retrieved April 17, 2017, from http://www.prescriberesponsibly.com/articles/urine-drug-testing (emphasis added).

[8] Id.

Legislative Update

Commissioner Mark Liotta

The 2017 legislative session began with an influx of 45 new members, and significant filing of workers’ compensation related bills.

Twenty Five bills were filed which had some germaneness to workers’ comp. Of those, there are four remaining which have survived the committee and floor process at this time.

Two bills, HB 1462 by Echols and SB 737 by Sykes, have progressed to the opposite House for consideration, and are intended to serve as Workers’ Compensation Omnibus bills, comprising the interests of several stakeholder groups.

It is common for omnibus bills to move through the legislature with “place holding” language, and the entire bill to be reworked when it goes to a conference committee. That appears to be the destiny for these two bills.

During a fiscal year when there is a significant funding shortfall, the budget maintains highest priority and the focused attention of legislators, but at the point a budget deal is effectuated, we can expect to see a shift of focus onto these omnibus bills in conference committee.

HB 2242 by Mulready has passed the House and Senate Committee, and is intended to recreate the Affidavit of Exemption, which was the previous method employers used to establish exemption from obtaining workers’ compensation insurance under statutory criteria.

This affidavit was replaced with a Certificate of Non-Coverage during the 2013 legislative reform effort, but that method has proven inefficient, cumbersome, and labor intensive.

The language recreating the affidavit is also included in the omnibus bills as a safeguard for passage.

HB 1572 by McEntire is a reform bill requested by the Self Insurance Guaranty Fund Board, allowing for more efficient and prudent management of funds which are held to protect injured workers in the case of a self-insured business’ bankruptcy.

The bill also seeks to lower the trigger at which an assessment is required to shore up the reserve funding. The bill has passed the House and is headed to Senate committee.

The Legislature is constitutionally required to complete business, Sine Die, by the last Friday in May.