Occupational Safety
Safety Doesn’t Happen by Accident
Safety is not a compliance exercise at Virginia Commerce. It is the foundation of how the program works — and the primary driver of dividend performance. It is the belief of Virginia Commerce that safety begins at the top. A strong, meaningful safety program builds a solid foundation for creating a safe and productive work environment for your employees. To that end, safety is our number one priority.
Safety programs also help reduce claims costs, which can result in larger dividends returned to members. The dividend amount returned depends upon the Group’s performance as a whole as well as that of each individual member. Fewer injuries mean lower claims costs. Lower claims costs mean a stronger surplus. A stronger surplus means more money returned to the members who earned it.
As a group, Virginia Commerce has been successful at implementing safety best practices, which has created a strong history of dividends returned to its members..
Safety Builds Better — Building Better Safely
Safety Doesn’t Happen by Accident
Landin’s Occupational Safety and Health (OS&H) Services Department wants to help you create and maintain a safe and healthful workplace. Should you have specific questions about customizing your own safety program, please contact the Landin OS&H Department at (804) 359-9600.
Safety Program Support Provided by Landin OS&H Consultants
To support safety in the workplace, Landin Services, LLC provides Occupational Safety and Health Services to all members. Landin OS&H consultants are available to help you create and implement a safety program for your company.
All members can expect to be visited by OS&H consultants within the first 45 days of enrollment. These safety experts will also conduct routine inspections, make random visits, and provide extra attention when a member has a large loss or near-miss incident.
Each member agrees to initiate and maintain an environment that provides its employees with safe and sanitary working conditions, and agrees to follow the general rules and recommendations of the Group and the Service Agent in this field to promote the general welfare of its employees. However, each member shall remain solely responsible for all decisions concerning its safety program and practices, and may not rely upon evaluations and/or recommendations made by the Group, the Board, the Service Agent, the Administrator, or their representatives in making final decisions concerning its safety program and practices.
Landin OS&H consultants are on hand to assist with:
- Safety meeting materials
- Review of, and/or development and implementation of, formal written safety programs — a requirement of membership
- Responding to questions regarding safe practices or procedures
- Researching OSHA industry and consensus standards as necessary
- Providing safety training through on-site meetings, toolbox talks, and the newsletter Commerce Connection
For any inquiries about Occupational Safety & Health services, please contact the Landin OS&H Department at (804) 359-9600.
Partners in Safety, Sharing Success — Service Built Around You
We do not wait for claims to tell us where the problems are. We work alongside members proactively — identifying risks before they become injuries and supporting the safety culture that makes this program perform.
Below are trusted resources to help you build and strengthen your workplace safety program.
Resource | About | Link |
|---|---|---|
National Safety Council | A premier source for training and news that impacts worker safety, driver safety, and First Aid compliance. | |
Blog4Safety — Work Safety Blog | A regularly updated blog aimed at increasing safety awareness at home and on the worksite, with tips for accident prevention. | |
Toolbox Topics | A wide range of safety topics broken down into simple, easy-to-understand articles. | |
Department of Transportation (DOT) | A useful source for finding the most up-to-date information on current transportation regulations and rules of the road. | |
Virginia Dept. of Labor and Industry | Virginia-specific regulations that business owners working in the Commonwealth must follow. | |
Safety Videos on YouTube | A collection of worksite safety videos covering a wide variety of topics. Search for your topic of choice. | |
CDC / NIOSH | Information from national and world leaders on how to prevent workplace illnesses and injuries. | |
OSHA — U.S. Dept. of Labor | Comprehensive safety website with extensive training materials and the best explanatory resources on safety rules and regulations. | |
Washington State DOLI | Although some state laws may differ, the Washington DOLI has an excellent library of safety articles and tips organized by topic. | |
Landin Services, LLC | Third-party administrator for Virginia Commerce since 2002, providing underwriting, claims management, loss control, marketing, excess insurance placement, billing, accounting, financial coordination, and dividend management. |
Safety Builds Better — Building Better Safely
According to the Substance Abuse and Mental Health Services Administration (SAMHSA), most drug users ages 18–49 are employed full-time. Post-injury drug testing is an effective way for an employer to send a strong message to employees, reduce liability for drug-related workplace accidents, and reduce an employer’s claims experience and exposure.
Drug abusers are 3.6 times more likely to be involved in an accident at work and 5 times more likely to file a workers’ compensation claim. The accident will cost the employer 300% more in medical costs than other employees. More information is available at: samhsa.gov
5% Premium Credit Available to Members with an Approved Drug-Free Workplace Program
In Virginia, an employer can challenge a workers’ compensation claim where an employee has a positive post-accident test. Virginia Code Section 65.2-306 provides that compensation is not allowed when an injury is caused by intoxication or the use of a non-prescribed controlled substance. In the case of a controlled substance, the test must be performed by a SAMHSA-certified laboratory. A positive test result provides the employer with a rebuttable presumption that the employee was intoxicated due to using a controlled substance at the time of the injury.
However, an employee’s intoxication alone will not bar the right to workers’ compensation benefits. The employer still has a burden of proving that the intoxication was a proximate cause of the accident. When any workplace accident or injury occurs, a thorough investigation is an integral part of any potential defenses for workplace injuries involving drugs or alcohol.
An employer who adopts a drug-free workplace policy requiring pre-employment, random, post-accident, and for-suspicion testing will likely deter drug-using workers from attempting to obtain employment.
Virginia Commerce offers a 5% premium credit to members who have implemented an approved Drug-Free Workplace Program. The member may become eligible at any time throughout the plan year. The member is approved by meeting these minimum guidelines and must recertify with Virginia Commerce each year that the program is in compliance:
Drug-Free Workplace Credit Program — Minimum Guidelines (PDF)
Although these guidelines can assist the member in creating a Drug-Free Workplace Program, every employer should first consult with and rely on the advice of an attorney experienced with such programs.
