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November 2019 15
Continued From page 14 been penalized within the previous three years for failure to
Administra on/Enforcement secure compensa on are subject to an addi onal penalty of
The Idaho Industrial Commission administers the state’s $500 for the second failure; the penalty rises to $1,000 for
workers’ compensa on program. The NCCI establishes the third and subsequent failures.
advisory-loss costs for workers’ compensa on insurers
in Idaho and, together with the Idaho Department of For employers that fail to secure compensa on, their
Insurance, oversees other aspects of how workers’ injured employee or employee’s dependents can claim
compensa on premiums are calculated in the state. compensa on plus 10 percent of total compensa on, and
costs.
Penal es/Remedies
Employers that do not secure compensa on as required are Employers that do not pay their premium tax within 10
guilty of a misdemeanor, and are subject to a $2 penalty days of the due date can be sued by the state for collec on.
per day per employee, or $25 per day, whichever is greater, Every 10 days beyond the ini al due date in which the
for the period of noncompliance, up to three years. If the employer fails to pay the premium tax can result in a
employer is a corpora on or limited liability company, penalty of 10 percent of the amount originally due.
any offi cer or employee of the corpora on or manager or Employers that willfully misrepresent the amount to be paid
employee of a limited liability company that had authority can receive a penalty of 10 mes the diff erence between
to secure payment but failed to do so is individually guilty the actual premium and the amount falsely reported.
of a misdemeanor and can be liable for the fi ne imposed. Employers that do not properly display and maintain
Employers that have not secured compensa on within the mandatory compliance poster will be guilty of a
30 days of receiving a no ce from the commission can misdemeanor. Employers that fail to keep records of injuries
be enjoined from carrying on a trade or occupa on un l and occupa onal diseases as required will be guilty of a
compensa on is secured. However, employers that have
misdemeanor.

LEGAL BRIEFING Please note that the following is a general outline and not intended to provide specifi c
recommenda on for a given factual circumstance. Addi onally, the law in each state may
diff er. Please call TPM’s In-House Counsel to discuss how the law is specifi ed in your state.

Occupa onal Safety - Dairy Fined $1.85 M

The Washington Department of Labor and Industries cited L&I spokesman Frank Ameduri said in a September 24
Andersen Dairy, Inc. and affi liate Green Willow Trucking, email that since June 2018 one employee lost a fi nger while
located in Ba le Ground, Washington, for 22 serious reaching in to clear a jam; another broke a wrist when
and willful viola ons, 16 of them arising to the level of struck by a swing arm while clearing a jam; an employee’s
“egregious.” The fi ne by the state Department of Labor & head was struck by a swing arm while underneath a
Industries is the second-largest ever issued by the agency, machine; and a worker’s hand was crushed while clearing
and comes a er at least 10 serious incidents at the plant a jam. “We want to stop these preventable amputa ons
that resulted in amputa ons, crushing injuries and broken and serious injuries,” said Anne Soiza, L&I Assistant Director
bones over the past six years, offi cials said. for the Division of Occupa onal Safety and Health (OHS)
stated. OSH has “explained to the employer how to prevent
The cita ons allege that Andersen Dairy, Inc. required injuries from these hazards in the past and have yet to see
or allowed “workers to put their limbs or bodies inside a sustained adop on of safe procedures on the produc ons
machines while they are s ll opera ng.” Such cita ons are lines.”
called lockout/tagout viola ons because employers must
ensure machines are locked out of mechanical and electrical Workplace safety is cri cally important for many reasons,
energy before employees reach into them (to eff ectuate including but not limited to those described within
a necessary outcome such as clearing a jam). There have this Counsel’s Corner and Legal Brief, such as workers’
been “at least 10 serious incidents including amputa ons” compensa on rates, L&I and OSHA fi nes, and overall
in the last six years and “the con nued failure to adopt business morale and success. Colt Catlin, TPM A orney, and
known and required safe prac ces is why L&I deemed these Cole Craven, TPM Safety Director, work closely to provide
viola ons egregious.” counsel to TPM Members concerning occupa onal safety
and compliance—please do not hesitate to reach out for
guidance.

Timber Products Manufacturers Associa on