Pizza Today - January 2020 - 35

Intrepid Direct. Delivery is another
area where workers can get injured,
especially among pizzerias, which
tend to hire their own drivers.
ACCORDING TO THE U.S. BUREAU OF
LABOR STATISTICS data on illnesses or

injuries resulting in time away from
work, job restriction, or transfer, in
2017 Food Services and Drinking
Places had three cases per 100 fulltime workers, compared to 2.8 cases
per 100 workers among private
industry employers overall.
Workers' compensation insurance
is regulated by each state, and the
U.S. Department of Labor Web site
has links to each state's division,
commission, department or other
entity. Each state has different
rules, such as how many employees
the employer hires before they are
required to obtain and maintain
workers' compensation insurance.
For example, in California businesses
with one employee or more must buy
workers' compensation insurance.
In Florida, the number depends on
whether it's a construction business
(one employee) or non-construction
(four).
There are other details that vary.
"Different states can value the cost
of an injury differently," Zach says.
"What a worker receives for a broken
arm in one state is different from
other states."
IN SOME STATES, EMPLOYERS WITH
DRUG-FREE WORKPLACE PROGRAMS

may qualify for a discount on
workers' compensation insurance
premiums. Some states have legalized
marijuana over the past few years,
which complicates efforts to have
drug-free workplaces. "There are
some employers that do not want
to do drug testing pre-employment
because they are not getting enough
employees," says Bob Robenalt, a
partner in the Columbus, Ohio office

of the law firm Fisher Phillips, LLP.
"We have employers who are testing
for other substances, not marijuana."
Still, Robenalt says, employers
should have drug-free workplace
policies in place, especially if the
establishment has delivery drivers. If
a worker gets into an accident, the
employer may order a post-accident
drug test. In 2018 the Occupational
Safety and Health Administration
(OSHA) issued a memorandum
clarifying its position on Workplace
Safety Incentive Programs and PostIncident Drug Testing, noting that
an employer that implements safety
programs and conducts post-accident
drug testing would only violate the
law "if the employer took the action
to penalize an employee for reporting
a work-related injury or illness rather
than for the legitimate purpose of
promoting workplace safety and
health."
MAKING SAFETY A CORE VALUE
IS IMPORTANT. "Providing a safe

workplace is the goal of any
restaurant owner," says Wayne
Hilston, vice president of sales,
programs and payroll alliances for the
insurance company EMPLOYERS.
"Developing a strong safety culture
with training and procedures that
support that is where it really begins."
Hilston says operators should
address workplace safety the same
way they address food safety.
"Incorporate safety best practices
into their operations so they become
routine, as opposed to an add-on," he
says. "For example, train employees
how to prep ingredients safely.
Explain why it's important to have
clean and grease-free floors. If the
language of safety is incorporated
into daily operations, employees
will understand it's a priority for the
business, and will, therefore, focus on
it more often."
Hilston recommends operators

work closely with their workers'
compensation carrier to develop best
practices. When an injury occurs,
the employer should report the
claim right away. "One of the ways
to minimize the ultimate cost of the
claims, and to make sure employees
get timely and fair treatment, is
to report claims right when they
happen," he says. "Nothing good
comes of a claim if it's reported late,
and as it gets older."
Some operators incentivize safety
training by offering gift cards or paid
time off to workers who implement
specific safety practices. "It's called
the gamification of safety," says Zach,
from Intrepid Direct. Also, it helps
to set an example. "If the employee
has to wear non-slip shoes, but the
owner comes in wearing fancy dress
shoes, all of a sudden employees
might think non-slip shoes are not a
requirement."
Since delivery driver safety is a
big issue with pizzerias, operators
should implement safety programs
related to driving. Driving while
distracted is a big contributor to
accidents, and operators should
have a policy in place that prohibits
drivers from using cell phones while
driving. "Operators don't realize how
important it is to have a distracted
driver policy," says Christopher B.
Smith, assistant vice president of
Workers' Compensation Specialty
Products at the insurance company
All Risks Ltd., based in Reno, Nev.
One mistake operators make is to
not communicate with their carriers.
"Make sure you discuss whatever
your thoughts are with an insurance
agent," Smith says. "At the end of
the day, what you don't know about
insurance can hurt you. It always
helps to reach out to experts." n
NORA CALEY is a freelance writer who
covers small business, finance and lifestyle
topics.
Pizza Today - January 2020

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