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WorkNEWS October 2012 – OSHA Removal Off the Severe Violator List

OSHA Publishes Removal Criteria so Employers Can Get Off the Severe Violator List

Published by EHS Today – Sandy Smith

We know how companies get entered into OSHA’s Severe Violator Enforcement Program, but how do they get out of it?

OSHA’s Severe Violator Enforcement Program (SVEP) has been in effect since June 2010. The program focuses agency resources on employers who demonstrate what OSHA terms “indifference” to their responsibility to provide a safe workplace. The employers in SVEP have received willful, repeat or failure-to-abate violations.
Sometimes, being placed on the list acts as a wake-up call for employers, who turn their safety efforts around and improve working conditions for employees. OSHA, acknowledging that safety can improve, on August 16 published criteria for removing employers from SVEP.  Except in cases where national corporate-wide settlements are involved, approval of the employer’s removal will be at the discretion of the regional administrator or designee and will be based on an additional follow-up inspection and IMIS/OIS data.

Removal criteria from OSHA’s SVEP program has been issued to all federal OSHA offices. Generally, an employer may be considered for removal from the program by an OSHA regional administrator after:

  • A period of 3 years from the date of the final disposition of the SVEP inspection citation items including: failure to contest, settlement agreement, Occupational Safety and Health Review Commission final order or court of appeals decision.
  • All affirmed violations have been abated, all final penalties have been paid, the employer has abided by and completed all settlement provisions and has not received any additional serious citations related to the hazards identified in the SVEP inspection at the initial establishment or at any related establishments.

In the event an employer fails to adhere to the terms and provisions of the agreement, the employer will remain in the program for an additional 3 years and will then be reevaluated.

Click here to read the article at EHS Today

OSHA news release on the topic:http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=22875

WorkNEWS-August 2012 Job Analysis Article

How Do You Eat An Elephant?
By: Debra Lord, PT, CEAS | Job Ready Services

Imagine a fit, productive workforce with little or no turnover. Imagine protocols and policies in place that promote safe employees staying in their jobs with only minor injuries and quick, safe return-to-work after an injury (in most cases, no out of work time at all!).
It all starts with an accurate job analysis….Click here to read the rest of the article

WorkNEWS-August 2012 Indefinite Leave Article

August 2012 WorkNEWS Article

Indefinite Leave Not Required under Disability Discrimination Laws Where Employee is Unable to Work
Jackson Lewis Disability, Leave and Health Management Blog
Posted on May 1, 2012 by:
Kristin L. Bauer & Victor N. Corpuz

An employer was not required to provide indefinite leave as a reasonable accommodation to an employee who was unable to work at the time of his termination and, thus, was not a qualified individual with a disability, the federal appeals court in New Orleans has ruled. Amsel v. Texas Water Dev. Bd., 2012 U.S. App. LEXIS 5681 (5th Cir. Mar. 19, 2012).  The Court affirmed summary judgment in favor of the employer on the employee’s claims for disability discrimination under the Americans with Disabilities Act and Rehabilitation Act of 1973 and for retaliation under the Family and Medical Leave Act.  The Court also ruled that the employee failed to establish that his termination was related to his FMLA leave, which ended two months before his termination date. The Fifth Circuit has jurisdiction over Louisiana, Mississippi, and Texas.

Click here to read the entire article

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WorkNEWS-August 2012 Published Study Article

Factors That Affect Functional Capacity in Patients with Musculoskeletal Pain: A Delphi Study Among Scientists, Clinicians, and Patients

Contribution by Larry Feeler, PT, CEAS
CEO/Founder | WorkSTEPS  

WorkSTEPS Founder and CEO Larry Feeler recently was a contributing Consulting Scientist for the following Delphi Study on how musculoskeletal pain affects Functional Capacity. In addition to his scientific contributions, Feeler referred a number of participating patients who participated in the study. Click here to read more!

Authored by: Sandra E. Lakke, MSc, Harriët Wittink, PhD, Jan H. Geertzen, PhD, Cees P. van der Schans, PhD, Michiel F. Reneman, PhD
Originially Published: Arch Phys Med Rehab Vol 93, March 2012

WorkNEWS – August 2012

August 2012 Newsletter


Indefinite Leave Not Required under Disability Discrimination Laws
Where Employee is Unable to Work

By the Jackson Lewis Disability, Leave and Health Management Blog

Factors That Affect Functional Capacity in Patients With Musculoskeletal Pain
Contribution by Larry Feeler, PT, CEAS

Job Analysis Article
By: Debra Lord, PT, CEAS | Job Ready Services

Update on Medicare Proposed TENS Coverage Decision for Chronic Low Back Pain Treatment

Press Release from APTA:

Update on Medicare Proposed TENS Coverage Decision for Chronic Low Back Pain Treatment

The Centers for Medicare and Medicaid Services will soon issue a final ruling on its National Coverage Analysis Proposed Decision Memo regarding transcutaneous electrical nerve stimulation (TENS) for chronic low back pain (CLBP) on June 11.  Within the memo – issued on March 13, 2012 – CMS proposed to limit Medicare coverage of TENS for CLBP to patients who enroll in an approved prospective clinical study.  The clinical study must address whether TENS provides a clinically meaningful reduction in pain, improvement in function, or reduction in other treatments or services.  In addition, the study must adhere to specified standards of scientific integrity and relevance to the Medicare population.  A summary of the proposed decision memo is available to APTA members on the Medicare Coverage Issues webpage under the “TENS” heading.

APTA submitted comments regarding the proposed decision on April 12, 2012, expressing its concern that this requirement to enroll in a clinical study is highly burdensome for the Medicare beneficiary and will severely limit patient access to medically necessary treatment utilized to improve overall function and health.

As the June 11 final decision date approaches, advocacy continues through Congressional and grassroots efforts outside of APTA. Congressional members, such as Rep. Darrell Issa, Chairman of the House Committee on Oversight and Government Reform, have also weighed in on this coverage issue.  For example, in a letter dated May 3, Congressman Issa wrote that “TENS has long been recognized by CMS as an effective treatment for Medicare beneficiaries with low back pain and its costs have long been covered by Medicare.”  Issa asked CMS to provide him with information explaining the rationale behind its decision.

Grassroots advocacy for TENS coverage is also taking place through a website petition hosted by DJO Global.  Nearly 8,000 patients and clinicians have signed the petition protesting the proposed coverage decision.

For more information regarding APTA’s advocacy efforts on this issue as well as the advocacy occurring outside of our association, please feel free to contact us at advocacy@apta.org.

WorkNEWS – April 2012

Follow the link below to view the full newsletter for information on Pre-Employment Post-offer Testing:

April Newsletter


The Importance of Accurate Job Descriptions – Larry Feeler, PT, CEAS

Last Word on Accommodation of Last Resort Yet to be Spoken – Jackson Lewis Disability, Leave and Health Management Blog

2012 Provider Symposiums – Update and Online Registration

Click here to view brochure

The online registration for Las Vegas and St. Louis is now available.  Click on the city below to view the information and register online!  There is still limited availability in both cities so register today!

Las Vegas – May 4-5

St. Louis – June 22-23

We are now offering a full training and Employment Testing Certification in St. Louis on June 21-22.  Space is limited, so call today if you are interested in getting certified at this training!

For questions or additional information, contact Stacy Clark at stacyc@worksteps.com or (512) 617-4100 ext. 202.

2012 Symposiums – Updated Hotel Information for Vegas

Register for 2012 Regional Provider Symposiums!

The WorkSTEPS team is excited to announce major changes to its 2012 symposium schedule! This year, WorkSTEPS will host three (3) 1.5-day regional training programs in three different locations across the country. It’s our hope that by increasing the number of symposiums and shortening the length of the program, we can improve convenience and reduce your travel costs, making it easier for providers to fulfill their obligation to attend one WorkSTEPS symposium every two years.

This year’s program will provide extensive information regarding important changes to protocol, which will be presented during Saturday’s day-long Protocol Refresher Recertification program. 

Friday’s half-day seminar on marketing, sales & business development will equip you with valuable information and innovative ideas specifically-designed to improve your sales and marketing efforts.

Click Here for the Registration Form

Click on a location below for details and agenda:

Embassy Suites Charlotte
4800 S. Tryon St.
Charlotte, NC  28217
Discounted Room Rate=$114
Reference: WorkSTEPS

Embassy Suites Hotel
4315 Swenson Street
Las Vegas, NV 89119
Discounted Rate = $125
Reference: WorkSTEPS

Embassy Suites Hotel
11237 Lone Eagle Drive
Bridgeton, MO 63044
Discounted Rate=$104
Reference: WorkSTEPS

WorkSTEPS established the program for the Symposium as part of our WorkSTEPS Quality Assurance Program. WorkSTEPS requires that all licensed WorkSTEPS providers attend one symposium every two years to ensure that all providers are up to date on WorkSTEPS’ protocols, procedures, processes and policies. The program provides for consistency in both the delivery of the test and the use of the information obtained from the test in hiring, fitness for duty, and return to work decisions.  With the protocol changes that will take place this year, we strongly urge all of our providers to send at least one representative to a symposium.  You won’t regret the decision and we are confident that you will leave with a greater knowledge of the program and a fresh perspective on marketing efforts!

For questions about the Annual WorkSTEPS Symposiums, please contact Stacy Clark, Promotions /Special Events Director at (512) 617-4100 ext. 202 or via email at stacyc@worksteps.com.

WorkSTEPS Symposium – $295.00
(1 1/2-Day Conference)

One-Day Registration – $225.00
(Saturday only)

Save the Date for 2012 Provider SYMPOSIUMS!

Save the date for this year’s provider symposiums!

WorkSTEPS Management is excited about the new format for next year’s symposiums! To help our providers with travel costs and convenience, we will be changing things up a bit! WorkSTEPS will be hosting 3 – 1 1/2-day regional programs in THREE locations!

Below are the dates for the symposiums. All three symposiums will be hosted at any Embassy Suites Hotel, including a 2-room suite, complimentary cook-to-order breakfast, complimentary manager’s reception with cocktails and appetizers and many more amenities!

CHARLOTTE, NC – April 20-21, 2012

ST. LOUIS, MO – June 22-23, 2012

LAS VEGAS, NV – (exact dates to be determined)

Hotel rates will be between $99-$135 with the group rate.


Ready to get started? Contact us today @ (512) 617-4100 or

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