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Occupational Safety and Health Data Collection

And Injury Prevention Work Group




Bureau of Labor Standards

Third Floor Conference Room

October 27, 2004

9:00 AM – 11:00 AM



Present: Bill Peabody, Chair (Maine Department of Labor), Gary Baxter (Maine Employers Mutual Insurance Company), Brian Doe (Hannaford), Peter Doran (Maine Occupational Research Agenda), Carol Grenier (sitting in for Stefanie LaRose, Cannon Cochran Management Services, Inc.), Jeff Levesque (Workers’ Compensation Board), Louise Morang (Maine Association of Occupational Nurses), Pat Philbrook (Maine State Nurses Association), John Rioux (Maine Department of Labor), and Leslie Walleigh (Workplace Health). 


Absent: Brad Brown ( Maine Bureau of Insurance), Denise Dumont (US HealthWorks), Vanessa Santarelli (Maine Department of Labor), Saskia Janes (Maine Public Health Association), Stefanie LaRose (Canon Cochran Management Services, Inc.), Kim Lim (Maine Department of Labor), Steve Minkowsky (Workers’ Compensation Board), Ralph Tucker (McTeague-Higbee), and Dave Wacker (Maine Department of Labor).


Staff:  Ted Bradstreet and Terry Hathaway (Maine Department of Labor).


Guest: Steve Laundrie (Maine Department of Labor)


Chair Bill Peabody opened the ninth meeting of the Occupational Safety and Health Data Collection and Injury Prevention Work Group at 9:20 A.M.


Workers’ Compensation Annual Compliance Report – Jeff Levesque.  Jeff presented an overview of the Workers’ Compensation Annual Compliance Report.  The focus of the report is to measure the compliance of all insurers regarding First Reports field, Memorandum of Payment (MOP), Initial Payment, and Notice of Controversy (NOC). This report started with a pilot project in 1997, which used a sample of insurance carriers. It started fully in 1999. There are also four quarterly reports in addition to the annual report. Some of the points covered in the report are:

                        Who is measured? The insurance community, standard carriers,

                        self-insurers , TPA’s (Third Party Administrators), in-state versus

                        out-of-state insurance groups, individual insurance groups, individual

                        rate companies” within insurance companies.

There is continuing compliance improvement. Out of 16, 362 First Reports filed in 2003, 82.5 percent were filed within seven days. Even though there are fewer First Reports being filed, the ones which are filed are more timely due to more insurers changing over to EDI as well as the institution of a $100 fine for late First Reports.


Initial indemnity payments continue to improve as “that which gets measured gets done”. Nationally, Maine is in the top two for timely payments.


Measuring the performance of insurance groups is important as it provides data for claims managers, insurer management, employers, consumers, regulators, Workers’ Compensation Board, policy makers, and legislators.


Approval of September 15, 2004 Minutes.  Peter Doran made a motion to accept the minutes. Jeff Levesque seconded the motion. Vote, unanimous.


Letter to Dirigo Health. Jeff Levesque presented a list of ten (10) questions for Dirigo Health. The members reviewed and discussed the list, making changes. Jeff will bring back the second draft to the November meeting.


Review of Identified Occupational Safety and Health Data Series and Summary. Members of the work group had a copy of the summary. John Rioux explained that the focus, in each data series, would be if more information is needed or issues needed further research.  He started with the review of SOII (Survey of Occupational Injuries and Illnesses), which is a cooperative data collection program run by the Federal Bureau of Labor Statistics and based on OSHA recordkeeping; the purpose is to identify certain industries.  The 2003 data will not be available until December 15, 2004.  Steve Laundrie told the work group about the OSHA Recordable Incidence Rates Wheel to see where companies stand regarding incidence rates. OSHA is not public information.


John then reviewed CFOI (Census of Fatal Occupational Injuries), which is a cooperative Federal Bureau of Labor Statistics/State Bureau of Labor Standards program. CFOI uses multiple data sources, at least three of which must agree for a case to be considered work-related.


He reviewed FACE (Fatality Assessment and Control Evaluation), which consists of specific injuries defined by NIOSH. There are no federal dollars, but could apply model to other situations and make it specific to Maine.


John then reviewed the CCC (Census of Case Characteristics) and the Workers’ Compensation database, which is a separate database. Jeff Levesque stated that as of January 1, 2006, all cost data will be required to be submitted to the Board. Also, the cost data should be included in EDI.


John will finish the review at the next work group meeting.


Leslie Walleigh inquired about information on the medical reports from Workers’ Compensation. Jeff Levesque stated that Workers’ Compensation shares data with the Bureau of Labor Standards as well as OSHA, but that Workers’ Compensation cannot release personal identifiers to anyone outside. He said that there is a confidentiality clause in the Workers’ Compensation Act.


Next Meeting. The next meeting of the Occupational Safety and Health Data Collection and Injury Prevention Work Group will be held on Wednesday, November 17, 2004, 9:30 to 11:30 AM, in the First Floor Training Room, Bureau of Labor Standards, Hallowell.



Adjournment. Mr. Peabody adjourned the meeting at 11:33 A.M.

Respectfully submitted,




Terry M. Hathaway

Recording Secretary