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ECONOMIC INCENTIVES
Creating a new workplace safety climate
SEMINAR
Creating a Safety Climate in New Zealand – Moving
beyond Pike River and the Taskforce Report
Victoria University, Wellington, NZ
3 September 2013
Dr John Wren
Adjunct Research Fellow, Auckland
University of Technology
Principal Research Advisor, ACC
Elements of the Discussion
EI O
Issues Evidence Options
Economic Incentive Theory
Neo-Classical Economics
 Individuals are rational and self-interested
 Economic incentives are powerful drivers for desired behaviour
Behavioural Economics
 Individuals do not behave neo-classically
 Institutional, business, household and individual economic behaviour
occurs in a sociological and institutional context
 Understanding the context is critical to achieving the end
 Modelling assumptions about firm and individual economic behaviour and
incentives matters
Neo-classical economic theory is seriously wanting…
Altman, M. Behavioural Economics, Economic Theory And Public Policy. Prof of Behavioural Economics, School of Economics and Finance, Victoria University Wellington,
New Zealand.
Dawnay, E. & Shah, H. 2005. Behavioural economics: seven principles for policy-makers. New Economics Foundation, London.
I
 OHS policy contested + connected to industrial relations, workers’
compensation policy & competition law
 Industrial relations, competition and health & safety law all act to regulate
business behaviour
 Superficial congruence between these regulatory regimes
˃ Competition law operates in a free market paradigm
˃ Health, safety, injury compensation operates from a welfare paradigm
˃ Industrial relations law operates from a history of relationships between
master / servant and property ownership
Different philosophical perspectives
for different policy outcomes / agendas,
compete and contradict
Modelling economic assumptions
in a contested workplace regulatory space
Haines, F. and Gurney, D. (2003). The Shadows of the Law: Contemporary Approaches to Regulation and the Problem of Regulatory Conflict. Law and Policy.
25(4): 353-80)
I
Modelling economic behaviour
Competing socio-economic trade-offs
BILL
of
RIGHTS
OSH
Theory
& Practice
Industrial Relations
& Labour Market
POLICY
Public Health & Environmental
LAW
No fault
Accident
Compensation
POLICY
OSH
POLICY
Employer/Contrac
tor Hierarchy of
Responsibility
Competition Regulation & Free Trade
Figure 1: OHS Policy, “A Contested Space”. SOURCE: Adapted from Wren, 1997
Privacy at Home vs. Drug &
Alcohol Testing at Work
Highly competitive, sub-contracted
and relatively deregulated labour
market, where risk taking is a
necessity to secure the next job
No-Fault vs. Duty of Care
vs. Moral Hazard
A fair recompense
vs. cost burden?
Which Causal theory
dominates?
Occ Health & Env Monitoring vs.
economic development and
supply of services.
Consumer Safety Protection
vs. Marketable Commodity?
I
Duty of Care
Health & Safety Supply Chain
action is Anti-competitive?
A barrier to free trade?
 Source: European Agency for Safety and Health at Work. (2010) Economic incentives to improve occupational safety and
health: a review from the European perspective. https://osha.europa.eu/en/topics/economic-incentives/index_html
 European Agency for Safety and Health at Work. (2012). How to create economic incentives in occupational safety and health:
A practical guide”. https://osha.europa.eu/en/topics/economic-incentives/index_html
E
Evidence from Europe
Types of Incentives: What are we talking about?
Eurosafe
Insurance Strategies
 Participants receive some form of financial support or reward for their
efforts to increase OSH activities and prevent occupational injuries and
diseases – can include subsidised training
Current ACC Examples … all variations on Risk Sharing & Risk Reward
˃ Experience rating –levy based on claim history
˃ AEP – eligibility to self-manage claims
˃ WSMP – levy discount
˃ WSD – levy discount
 Others activities might include
˃ promotion of Health and Wellness programs or
˃ clear Product Endorsement (example AA – Centre Rear Brake Light)
E
 Designed to promote OSH activities
 Provide grant, award or tax concession schemes, separate from the
insurance system
 Typically “one-off” purchases or highly targeted – e.g. to SMEs
Example
Tax breaks or Sponsorship offered to employers to invest in safer equipment or work
organisation that is safer than the minimum legal requirement.
E
Eurosafe
Tax & Funding Schemes
Source: Deloitte (October, 2009). Global Jurisdiction Summary, Australia, Canada, USA. PPT prepared for ACC.
Other Types of Economic Incentives
What are we talking about?
Performance Pricing
Risk Sharing Options
Behaviour Incentives
Service & Partnerships
O
Examples of Economic Incentives Australia,
Canada, USA … 2009
Australia Canada USA
New South Wales
Victoria
Queensland
Western Australia
South Australia
Tasmania
Northern Territory
Comcare
Ontario
British
Columbia
Alberta
North Dakota
Minnesota
Washington
New York
Source: Deloitte (October, 2009). Global Jurisdiction Summary, Australia, Canada, USA.
PPT prepared for ACC.
E
11
Victoria, Australia
Employer and industry based premium calculation. Industry classifications
based on WIC
Factors affecting premiums include remuneration, claims experience, WIC,
capping and minimum capping factor
Claims experience only affects medium and large employers
Premium calculation based on claims costs reported in the claims reporting
period (CRP)
Statistical case estimation (SCE) model used for the estimation of future claim
costs
Recalibration of SCE model and indexation factors can also influence
estimates. These factors are outside employers control
Employer performance rating and sizing adjustment factors are also used in the
premium calculation
Capping on premium rate changes only applicable for employers who remain in
the same classification for the next policy period
Buy-out option
Can be selected by paying an additional 10% of the employers insurance
premium
Employers WorkSafe agent manages and pays from day one for an injured
worker who is off work
Must apply for a whole policy term for an employer
Self-insures – organisation that is a body corporate, and has sufficient financial
strength and viability to meet their claims liabilities
Performance reviewed through the Self-Insurance Performance System
There are six agents that issue and administer claims and policies for
WorkSafe
Health care professionals/ providers provide two type of services; primary
contact and referred services . They must be registered with Medicare Australia
and approved by WorkSafe. These providers are:
Allied health professionals
Independent medical examiners
Independent impairment assessors
WorkSafe has several employer incentive programs that provide employment
allowances, premium reductions, rebates and brand recognition
Optional programs
WorkSafe Incentive Scheme for Employers
Small business rebate program
Compulsory programs
Return to work
Other programs
WorkSafe Victoria Awards
Premium reduction methods
Source: Deloitte (October, 2009). Global Jurisdiction Summary, Australia, Canada, USA. PPT prepared for ACC.
Performance Pricing
Risk Sharing Options
Behaviour Incentives
Service & Partnerships
O
British Columbia, Canada
Legislation gives WSIB explicit approval to use experience rating programs for two
reasons:
To allow ability to adjust premiums based on an employer’s prevention behaviour
To improve equity among employers, by providing rebates or surcharges to
employers based on claims experience
WSIB experience rating program segments premiums by size of employees,
industry classification, and number of claims in the past three-years relative to other
firms within a given industry. This means employers in the same industry will likely
pay different premiums
WSIB distinguishes between small employers and large employers only – WSIB
does not recognise medium sized firms
WorkSafeBC’s cost-sharing training incentive program allows the
employer to assess the worker’s suitability for the job without taking any
of the financial risk
The program is normally three to six months in length, in which
WorkSafeBC’s contribution decreases and the employer’s increases as the
worker becomes fully trained. For example:
Month 1: WorkSafeBC pays 100%, employer pays 0%
Month 2: WorkSafeBC pays 50%, employer pays 50%
Month 3: WorkSafeBC pays 0%, employer pays 100%
WorkSafeBC offers optional insurance for individuals not automatically covered
under Legislation.
Cost of optional insurance depends on amount of cover sought and the rate
charged to the workers classification (base rate) and the experience ratings
adjustment
The Certified Partner program allows organisations, through an agreement with
WorkSafeBC, to help guide employers toward earning a certificate of recognition
Certified Partners are typically safety associations recognised by WorkSafeBC as
having specialist industry knowledge to promote and develop workplace health
and safety
WorkSafeBC’s voluntary Partners in Injury and Disability Prevention Program
offers incentives to employers who create and adhere to health and safety
management systems aimed at improving workplace safety and helping injured
workers return to work in a safe and timely manner
Employers who register work with a certified partner to meet the
program’s standards. After passing an audit, employers receive a
certificate of recognition and become eligible to receive a rebate on
WorkSafeBC premiums
Certificates available include: Health and safety; awarded to employers that
implement and maintain a health and safety management system that exceeds
requirements, and Return to Work; obtained by maintaining proactive return-to-
work programs
Employers must register with a certified partner that offers services unique to their
particular industry
Source: Deloitte (October, 2009). Global Jurisdiction Summary, Australia, Canada, USA. PPT prepared for ACC.
Performance Pricing
Risk Sharing Options
Behaviour Incentives
Service & Partnerships
O
13
Washington, USA
Washington has a sophisticated analytical approach to experience
rating
L&I’s classification and rating system is based on principles of workers'
compensation insurance used by private insurance companies
The premium rate per hour worked is determined using the following
inputs:
Firms Experience Factor: This measures the extent to which a firm’s
future claim costs per unit of exposure are estimated to exceed or fall
short of the benchmark claim cost per unit of exposure for the
classification
Base Class Rates: These rates are the benchmark premium rates for
each risk classification. These rates reflect the estimated cost of
providing insurance for work in that risk classification
L&I allows employers to self-insurer and provide any and all appropriate benefits
to the injured worker. The Self-insured employer:
Is responsible for the payment of benefits during the time that a claim is open
Remains liable for benefits during a lengthy reopening period provided in
industrial insurance law
Continues to be liable for worker benefits whether the self-insurance certification
is continued or surrendered
L&I's role with self-insured employers is to:
Oversee the provision of workers compensation benefits to their injured workers
based on its rules and regulations
Review their financial strength to make sure that all workers' compensation
obligations can be met
L&I offers courses to employers as an added service. They include the following:
Workers' Comp 101: Teaches employers how injuries impact
premiums, and outlines elements of an effective Claims Plan
Rates and Claims Management 101: This workshop is an overview of basic claim
management principles
L&I also have a Workers’ Compensation Advisory Committee which advise and
serve as a sounding board for the Director of L&I on matters pertaining to the
state’s workers’ compensation system
This committee includes representatives from businesses, insurers, and employee
groups
L&I operates a claim free discount which rewards small employers
who have gone at least three years without a claim in which wage-
replacement benefits or a permanent disability benefits were paid
The scheme can save employers up to 40% on the workers' compensation
premiums
Claims in which only medical benefits are provided do not count against the
claim-free discount if no accident fund costs were paid on any claim
The program encourages employers to put in place effective injury prevention
programs
L&I also operates a Retrospective Rating financial incentive program to help
qualifying employers reduce their industrial insurance costs
Source: Deloitte (October, 2009). Global Jurisdiction Summary, Australia, Canada, USA. PPT prepared for ACC.
O
Performance Pricing
Risk Sharing Options
Behaviour Incentives
Service & Partnerships
 Accredited Employer Programme provides very strong incentives
by putting employers at the centre of injury management and exposing them to the costs of
injuries.
 Accredited employers have better injury management outcomes in terms of
lower average claim size and lower claims rates than standard (non-accredited) employers.
 Accredited employers’ overall costs per average entitlement claim are
around 15% lower than standard employers.
 Standard employers’ claim rates are 14% higher than accredited
employers during the period (of the review 2000-2009) after adjustment for the different
industry characteristics of the employer groups. Claim rates for standard employers are
improving, while for the AEP’s the claim rates have remained relatively unchanged.
E
Source: Melville, Jessup, Weaver (June 2010) for Martin Jenkins review of ACC Accounts
NZ Evidence
Effectiveness of economic incentives?
NZ Evidence: An Actuarial Risk?
WSMP Compared Between Eligible & Non-Eligible Participants
E
WSMP Paid Claims Ratio Compared to Eligible Participants and Non-Eligible Participants (Eligibility based on total payroll Levy paid)
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
2004 2005 2006 2007 2008 2009 2010 2011 2012
PaidClaims/Levies
Year Ending 31 March
Paid Claims Ratio
Industry: (All)
WSMP
Target Non-WSMP
Non-Target Non-WSMP
0%
10%
20%
30%
40%
50%
60%
70%
80%
2004 2005 2006 2007 2008 2009 2010 2011 2012
PaidClaims/Levies
Year Ending 31 March
Paid Claims Ratio
Industry: (All)
Primary
Secondary
Tertiary
Target Non-WSMP
NZ Evidence: An Actuarial Risk?
WSMP Compared Between Discount Levels & Eligible Non-Participants
E
WSMP Paid Claims Ratio Compared between Discount Levels and Eligible Non-Participants
 New Zealand research on effectiveness is essentially non-existent
 It is virtually impossible to establish in robust research terms the
effectiveness of the various economic initiatives currently in place
(statistically, New Zealand is far too small to demonstrate efficacy).
 The available evidence suggests participants in AEP are safer than non-
AEP, however this could be because of large number of reasons not related to the economic
incentive of being in AEP.
 Little evidence to suggest that participants in WSMP and WSD are
significantly safer than eligible non-participants.
 Economic incentives could pose an “Actuarial Risk” if they don’t work or are
set wrong.
E
NZ Evidence
Effectiveness of economic incentives?
Conclusions
Evidence for effectiveness?
EuroSafe Conclusions
Internationally research based results for effectiveness are mixed
 OVERALL … strong policy argument for the benefits of economic
incentives arising from sources outside a company to improve OHS.
 Incentives for OHS could be cost-effective.
 The use and possible effectiveness of economic incentives needs to be
considered in the context of the fundamental legal design of the social
insurance systems and worker’s compensation, including enforcement.
 Targeted economic incentives have significantly more impact than
general incentives.
 Tax reductions can be effective in helping an organisation invest more
in workplace injury prevention. Internationally, such incentives are rare.
E
 Linking economic incentives to audits/intervention programmes is
another promising way of improving OHS.
 Matching funds – where governments provide a grant proportional to
the amount of money spent by an organisation on workplace health are
a potential method to improve OHS.
This type of economic incentive has high administrative costs for both the organisation
involved and the government.
 Funding schemes for OHS, on the other hand, are found in nearly
every EU country.
Funds (subsidies, grants) are provided for a wide range of practices, from the purchase of
certain materials and tools to the implementation of OHS management systems.
E
Evidence for effectiveness?
EuroSafe Conclusions
 Insurance-related economic incentives are an effective way to motivate
organisations to invest in OHS.
˃ However they should be regarded as a single strategy within a group of
initiatives, including tax incentives and funding schemes.
˃ Evidence suggests that economic incentives alter employees’ behaviour or
incident rates in organisations.
 “Moderate” evidence for the effectiveness of experience rating and
reduction in the number of insurance claims.
 Another insurance related approach is to reward specific prevention
efforts according to a pre-determined model.
 Methods for setting premiums cannot be regarded as true economic
incentives, which should aim to motivate enterprises to comply with (or exceed) legal
minimum requirements.
E
Evidence for effectiveness?
EuroSafe Conclusions
OEurosafe
7 success factors
European Agency for Safety and Health at Work. (2012). How to create economic incentives in occupational safety and health: A practical guide”.
https://osha.europa.eu/en/topics/economic-incentives/index_html
1 The incentive scheme should reward specific prevention efforts
which aim to reduce future injuries & ill-health and not only reward past results of good OHS
management, i.e. past injury rates.
2 The incentive scheme should be open to all sizes of enterprises
and pay particular attention to the special needs of SMEs.
3 The incentive should be high enough to motivate employers to
participate.
4 There should be a clear and prompt relationship between the
desired prevention activity of the enterprise and the reward.
O
European Agency for Safety and Health at Work. (2012). How to create economic incentives in occupational safety and health: A practical guide”.
https://osha.europa.eu/en/topics/economic-incentives/index_html
Eurosafe
7 success factors
5 The incentive system should
˃ have clear awarding criteria
˃ be designed to be as easy to use as possible
˃ have a low administrative burden for both participating enterprises and
incentive-offering organisations.
6 Insurance or tax-based incentives with precisely defined criteria are
most effective, if targeting a large number of enterprises. (closed system).
7 Subsidy schemes are most effective, if the desire is to promote innovative
solutions for specific areas.
Points for discussion
What is the “Value Add” proposition for economic incentives in the new
regulatory environment?
A lever for raising awareness and complying with legislation
(particularly for SMEs).
Reward organisations which develop and maintain safe and healthy
working environments.
Motivate organisations to invest in OSH, because regulatory enforcement alone is
often not sufficient to persuade them of the importance of OSH.
Complement regulatory dictates as they stimulate organisations at the financial level
and thus add weight to the business case for good OSH in a way that is clear to company
managers.
O
Eurosafe, 2010. Factsheet 95 Summary of the report on Economic incentives to improve occupational safety and health: a review from the European
perspective.
What is the Value Add ?
 A balance of “hard paternalism” (regulatory enforcement) and “soft paternalism”
(economic incentive).
 A move towards “Best Practice” beyond the “Regulatory Minimum”
But isn’t regulation supposed to promote adoption of best practice?
 Signalling the true cost of injury treatment and rehabilitation through
Performance Pricing or Risk Sharing. But isn’t this what industry levies do?
 Reduced costs to Compensation Scheme.
 Productivity – better equipment and reduced presenteeism and
absenteeism.
A role for health and wellness programmes? Is this a case for subsidies, tax benefits etc?
 Reduced injury severity rates.
O
Points for discussion
In reality where is the economic moral hazard or behavioural risk that economic
incentives will fix?
Which economic incentive will dominate in a highly contested workplace
regulatory setting?
Competition law, labour law, product & environmental law, free trade, free choice.
An “actuarial risk” to the Scheme if incentives are set wrong, or don’t work.
Rewarding what should already be done by law. A moral repugnance?
Subsidising productivity improvements that should be done in their own economic
interest (under neo-classical theory).
No-fault Scheme.
Return of the Forensic Lottery (in itself this is an economic incentive).
Continual enforcement failure.
O
Points for discussion
Summary: Designing Economic Incentives
in the New Regulatory Setting
 Requires understanding the whole social and institutional
regulatory context
 Modelling economic behavioural assumptions in a highly
conflicted and contradictory regulatory space
 Choosing the target outcomes sought
 Designing for the outcomes
 Economics incentives are only one part – and not necessarily
the most important part – of the whole setting
 Remember the Eurosafe Seven Success Factors

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Summary of evidence for the use of economic incentives to promote work place health and safety

  • 1. ECONOMIC INCENTIVES Creating a new workplace safety climate SEMINAR Creating a Safety Climate in New Zealand – Moving beyond Pike River and the Taskforce Report Victoria University, Wellington, NZ 3 September 2013 Dr John Wren Adjunct Research Fellow, Auckland University of Technology Principal Research Advisor, ACC
  • 2. Elements of the Discussion EI O Issues Evidence Options
  • 3. Economic Incentive Theory Neo-Classical Economics  Individuals are rational and self-interested  Economic incentives are powerful drivers for desired behaviour Behavioural Economics  Individuals do not behave neo-classically  Institutional, business, household and individual economic behaviour occurs in a sociological and institutional context  Understanding the context is critical to achieving the end  Modelling assumptions about firm and individual economic behaviour and incentives matters Neo-classical economic theory is seriously wanting… Altman, M. Behavioural Economics, Economic Theory And Public Policy. Prof of Behavioural Economics, School of Economics and Finance, Victoria University Wellington, New Zealand. Dawnay, E. & Shah, H. 2005. Behavioural economics: seven principles for policy-makers. New Economics Foundation, London. I
  • 4.  OHS policy contested + connected to industrial relations, workers’ compensation policy & competition law  Industrial relations, competition and health & safety law all act to regulate business behaviour  Superficial congruence between these regulatory regimes ˃ Competition law operates in a free market paradigm ˃ Health, safety, injury compensation operates from a welfare paradigm ˃ Industrial relations law operates from a history of relationships between master / servant and property ownership Different philosophical perspectives for different policy outcomes / agendas, compete and contradict Modelling economic assumptions in a contested workplace regulatory space Haines, F. and Gurney, D. (2003). The Shadows of the Law: Contemporary Approaches to Regulation and the Problem of Regulatory Conflict. Law and Policy. 25(4): 353-80) I
  • 5. Modelling economic behaviour Competing socio-economic trade-offs BILL of RIGHTS OSH Theory & Practice Industrial Relations & Labour Market POLICY Public Health & Environmental LAW No fault Accident Compensation POLICY OSH POLICY Employer/Contrac tor Hierarchy of Responsibility Competition Regulation & Free Trade Figure 1: OHS Policy, “A Contested Space”. SOURCE: Adapted from Wren, 1997 Privacy at Home vs. Drug & Alcohol Testing at Work Highly competitive, sub-contracted and relatively deregulated labour market, where risk taking is a necessity to secure the next job No-Fault vs. Duty of Care vs. Moral Hazard A fair recompense vs. cost burden? Which Causal theory dominates? Occ Health & Env Monitoring vs. economic development and supply of services. Consumer Safety Protection vs. Marketable Commodity? I Duty of Care Health & Safety Supply Chain action is Anti-competitive? A barrier to free trade?
  • 6.  Source: European Agency for Safety and Health at Work. (2010) Economic incentives to improve occupational safety and health: a review from the European perspective. https://osha.europa.eu/en/topics/economic-incentives/index_html  European Agency for Safety and Health at Work. (2012). How to create economic incentives in occupational safety and health: A practical guide”. https://osha.europa.eu/en/topics/economic-incentives/index_html E Evidence from Europe Types of Incentives: What are we talking about?
  • 7. Eurosafe Insurance Strategies  Participants receive some form of financial support or reward for their efforts to increase OSH activities and prevent occupational injuries and diseases – can include subsidised training Current ACC Examples … all variations on Risk Sharing & Risk Reward ˃ Experience rating –levy based on claim history ˃ AEP – eligibility to self-manage claims ˃ WSMP – levy discount ˃ WSD – levy discount  Others activities might include ˃ promotion of Health and Wellness programs or ˃ clear Product Endorsement (example AA – Centre Rear Brake Light) E
  • 8.  Designed to promote OSH activities  Provide grant, award or tax concession schemes, separate from the insurance system  Typically “one-off” purchases or highly targeted – e.g. to SMEs Example Tax breaks or Sponsorship offered to employers to invest in safer equipment or work organisation that is safer than the minimum legal requirement. E Eurosafe Tax & Funding Schemes
  • 9. Source: Deloitte (October, 2009). Global Jurisdiction Summary, Australia, Canada, USA. PPT prepared for ACC. Other Types of Economic Incentives What are we talking about? Performance Pricing Risk Sharing Options Behaviour Incentives Service & Partnerships O
  • 10. Examples of Economic Incentives Australia, Canada, USA … 2009 Australia Canada USA New South Wales Victoria Queensland Western Australia South Australia Tasmania Northern Territory Comcare Ontario British Columbia Alberta North Dakota Minnesota Washington New York Source: Deloitte (October, 2009). Global Jurisdiction Summary, Australia, Canada, USA. PPT prepared for ACC. E
  • 11. 11 Victoria, Australia Employer and industry based premium calculation. Industry classifications based on WIC Factors affecting premiums include remuneration, claims experience, WIC, capping and minimum capping factor Claims experience only affects medium and large employers Premium calculation based on claims costs reported in the claims reporting period (CRP) Statistical case estimation (SCE) model used for the estimation of future claim costs Recalibration of SCE model and indexation factors can also influence estimates. These factors are outside employers control Employer performance rating and sizing adjustment factors are also used in the premium calculation Capping on premium rate changes only applicable for employers who remain in the same classification for the next policy period Buy-out option Can be selected by paying an additional 10% of the employers insurance premium Employers WorkSafe agent manages and pays from day one for an injured worker who is off work Must apply for a whole policy term for an employer Self-insures – organisation that is a body corporate, and has sufficient financial strength and viability to meet their claims liabilities Performance reviewed through the Self-Insurance Performance System There are six agents that issue and administer claims and policies for WorkSafe Health care professionals/ providers provide two type of services; primary contact and referred services . They must be registered with Medicare Australia and approved by WorkSafe. These providers are: Allied health professionals Independent medical examiners Independent impairment assessors WorkSafe has several employer incentive programs that provide employment allowances, premium reductions, rebates and brand recognition Optional programs WorkSafe Incentive Scheme for Employers Small business rebate program Compulsory programs Return to work Other programs WorkSafe Victoria Awards Premium reduction methods Source: Deloitte (October, 2009). Global Jurisdiction Summary, Australia, Canada, USA. PPT prepared for ACC. Performance Pricing Risk Sharing Options Behaviour Incentives Service & Partnerships O
  • 12. British Columbia, Canada Legislation gives WSIB explicit approval to use experience rating programs for two reasons: To allow ability to adjust premiums based on an employer’s prevention behaviour To improve equity among employers, by providing rebates or surcharges to employers based on claims experience WSIB experience rating program segments premiums by size of employees, industry classification, and number of claims in the past three-years relative to other firms within a given industry. This means employers in the same industry will likely pay different premiums WSIB distinguishes between small employers and large employers only – WSIB does not recognise medium sized firms WorkSafeBC’s cost-sharing training incentive program allows the employer to assess the worker’s suitability for the job without taking any of the financial risk The program is normally three to six months in length, in which WorkSafeBC’s contribution decreases and the employer’s increases as the worker becomes fully trained. For example: Month 1: WorkSafeBC pays 100%, employer pays 0% Month 2: WorkSafeBC pays 50%, employer pays 50% Month 3: WorkSafeBC pays 0%, employer pays 100% WorkSafeBC offers optional insurance for individuals not automatically covered under Legislation. Cost of optional insurance depends on amount of cover sought and the rate charged to the workers classification (base rate) and the experience ratings adjustment The Certified Partner program allows organisations, through an agreement with WorkSafeBC, to help guide employers toward earning a certificate of recognition Certified Partners are typically safety associations recognised by WorkSafeBC as having specialist industry knowledge to promote and develop workplace health and safety WorkSafeBC’s voluntary Partners in Injury and Disability Prevention Program offers incentives to employers who create and adhere to health and safety management systems aimed at improving workplace safety and helping injured workers return to work in a safe and timely manner Employers who register work with a certified partner to meet the program’s standards. After passing an audit, employers receive a certificate of recognition and become eligible to receive a rebate on WorkSafeBC premiums Certificates available include: Health and safety; awarded to employers that implement and maintain a health and safety management system that exceeds requirements, and Return to Work; obtained by maintaining proactive return-to- work programs Employers must register with a certified partner that offers services unique to their particular industry Source: Deloitte (October, 2009). Global Jurisdiction Summary, Australia, Canada, USA. PPT prepared for ACC. Performance Pricing Risk Sharing Options Behaviour Incentives Service & Partnerships O
  • 13. 13 Washington, USA Washington has a sophisticated analytical approach to experience rating L&I’s classification and rating system is based on principles of workers' compensation insurance used by private insurance companies The premium rate per hour worked is determined using the following inputs: Firms Experience Factor: This measures the extent to which a firm’s future claim costs per unit of exposure are estimated to exceed or fall short of the benchmark claim cost per unit of exposure for the classification Base Class Rates: These rates are the benchmark premium rates for each risk classification. These rates reflect the estimated cost of providing insurance for work in that risk classification L&I allows employers to self-insurer and provide any and all appropriate benefits to the injured worker. The Self-insured employer: Is responsible for the payment of benefits during the time that a claim is open Remains liable for benefits during a lengthy reopening period provided in industrial insurance law Continues to be liable for worker benefits whether the self-insurance certification is continued or surrendered L&I's role with self-insured employers is to: Oversee the provision of workers compensation benefits to their injured workers based on its rules and regulations Review their financial strength to make sure that all workers' compensation obligations can be met L&I offers courses to employers as an added service. They include the following: Workers' Comp 101: Teaches employers how injuries impact premiums, and outlines elements of an effective Claims Plan Rates and Claims Management 101: This workshop is an overview of basic claim management principles L&I also have a Workers’ Compensation Advisory Committee which advise and serve as a sounding board for the Director of L&I on matters pertaining to the state’s workers’ compensation system This committee includes representatives from businesses, insurers, and employee groups L&I operates a claim free discount which rewards small employers who have gone at least three years without a claim in which wage- replacement benefits or a permanent disability benefits were paid The scheme can save employers up to 40% on the workers' compensation premiums Claims in which only medical benefits are provided do not count against the claim-free discount if no accident fund costs were paid on any claim The program encourages employers to put in place effective injury prevention programs L&I also operates a Retrospective Rating financial incentive program to help qualifying employers reduce their industrial insurance costs Source: Deloitte (October, 2009). Global Jurisdiction Summary, Australia, Canada, USA. PPT prepared for ACC. O Performance Pricing Risk Sharing Options Behaviour Incentives Service & Partnerships
  • 14.  Accredited Employer Programme provides very strong incentives by putting employers at the centre of injury management and exposing them to the costs of injuries.  Accredited employers have better injury management outcomes in terms of lower average claim size and lower claims rates than standard (non-accredited) employers.  Accredited employers’ overall costs per average entitlement claim are around 15% lower than standard employers.  Standard employers’ claim rates are 14% higher than accredited employers during the period (of the review 2000-2009) after adjustment for the different industry characteristics of the employer groups. Claim rates for standard employers are improving, while for the AEP’s the claim rates have remained relatively unchanged. E Source: Melville, Jessup, Weaver (June 2010) for Martin Jenkins review of ACC Accounts NZ Evidence Effectiveness of economic incentives?
  • 15. NZ Evidence: An Actuarial Risk? WSMP Compared Between Eligible & Non-Eligible Participants E WSMP Paid Claims Ratio Compared to Eligible Participants and Non-Eligible Participants (Eligibility based on total payroll Levy paid) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 2004 2005 2006 2007 2008 2009 2010 2011 2012 PaidClaims/Levies Year Ending 31 March Paid Claims Ratio Industry: (All) WSMP Target Non-WSMP Non-Target Non-WSMP
  • 16. 0% 10% 20% 30% 40% 50% 60% 70% 80% 2004 2005 2006 2007 2008 2009 2010 2011 2012 PaidClaims/Levies Year Ending 31 March Paid Claims Ratio Industry: (All) Primary Secondary Tertiary Target Non-WSMP NZ Evidence: An Actuarial Risk? WSMP Compared Between Discount Levels & Eligible Non-Participants E WSMP Paid Claims Ratio Compared between Discount Levels and Eligible Non-Participants
  • 17.  New Zealand research on effectiveness is essentially non-existent  It is virtually impossible to establish in robust research terms the effectiveness of the various economic initiatives currently in place (statistically, New Zealand is far too small to demonstrate efficacy).  The available evidence suggests participants in AEP are safer than non- AEP, however this could be because of large number of reasons not related to the economic incentive of being in AEP.  Little evidence to suggest that participants in WSMP and WSD are significantly safer than eligible non-participants.  Economic incentives could pose an “Actuarial Risk” if they don’t work or are set wrong. E NZ Evidence Effectiveness of economic incentives? Conclusions
  • 18. Evidence for effectiveness? EuroSafe Conclusions Internationally research based results for effectiveness are mixed  OVERALL … strong policy argument for the benefits of economic incentives arising from sources outside a company to improve OHS.  Incentives for OHS could be cost-effective.  The use and possible effectiveness of economic incentives needs to be considered in the context of the fundamental legal design of the social insurance systems and worker’s compensation, including enforcement.  Targeted economic incentives have significantly more impact than general incentives.  Tax reductions can be effective in helping an organisation invest more in workplace injury prevention. Internationally, such incentives are rare. E
  • 19.  Linking economic incentives to audits/intervention programmes is another promising way of improving OHS.  Matching funds – where governments provide a grant proportional to the amount of money spent by an organisation on workplace health are a potential method to improve OHS. This type of economic incentive has high administrative costs for both the organisation involved and the government.  Funding schemes for OHS, on the other hand, are found in nearly every EU country. Funds (subsidies, grants) are provided for a wide range of practices, from the purchase of certain materials and tools to the implementation of OHS management systems. E Evidence for effectiveness? EuroSafe Conclusions
  • 20.  Insurance-related economic incentives are an effective way to motivate organisations to invest in OHS. ˃ However they should be regarded as a single strategy within a group of initiatives, including tax incentives and funding schemes. ˃ Evidence suggests that economic incentives alter employees’ behaviour or incident rates in organisations.  “Moderate” evidence for the effectiveness of experience rating and reduction in the number of insurance claims.  Another insurance related approach is to reward specific prevention efforts according to a pre-determined model.  Methods for setting premiums cannot be regarded as true economic incentives, which should aim to motivate enterprises to comply with (or exceed) legal minimum requirements. E Evidence for effectiveness? EuroSafe Conclusions
  • 21. OEurosafe 7 success factors European Agency for Safety and Health at Work. (2012). How to create economic incentives in occupational safety and health: A practical guide”. https://osha.europa.eu/en/topics/economic-incentives/index_html 1 The incentive scheme should reward specific prevention efforts which aim to reduce future injuries & ill-health and not only reward past results of good OHS management, i.e. past injury rates. 2 The incentive scheme should be open to all sizes of enterprises and pay particular attention to the special needs of SMEs. 3 The incentive should be high enough to motivate employers to participate. 4 There should be a clear and prompt relationship between the desired prevention activity of the enterprise and the reward.
  • 22. O European Agency for Safety and Health at Work. (2012). How to create economic incentives in occupational safety and health: A practical guide”. https://osha.europa.eu/en/topics/economic-incentives/index_html Eurosafe 7 success factors 5 The incentive system should ˃ have clear awarding criteria ˃ be designed to be as easy to use as possible ˃ have a low administrative burden for both participating enterprises and incentive-offering organisations. 6 Insurance or tax-based incentives with precisely defined criteria are most effective, if targeting a large number of enterprises. (closed system). 7 Subsidy schemes are most effective, if the desire is to promote innovative solutions for specific areas.
  • 23. Points for discussion What is the “Value Add” proposition for economic incentives in the new regulatory environment? A lever for raising awareness and complying with legislation (particularly for SMEs). Reward organisations which develop and maintain safe and healthy working environments. Motivate organisations to invest in OSH, because regulatory enforcement alone is often not sufficient to persuade them of the importance of OSH. Complement regulatory dictates as they stimulate organisations at the financial level and thus add weight to the business case for good OSH in a way that is clear to company managers. O Eurosafe, 2010. Factsheet 95 Summary of the report on Economic incentives to improve occupational safety and health: a review from the European perspective.
  • 24. What is the Value Add ?  A balance of “hard paternalism” (regulatory enforcement) and “soft paternalism” (economic incentive).  A move towards “Best Practice” beyond the “Regulatory Minimum” But isn’t regulation supposed to promote adoption of best practice?  Signalling the true cost of injury treatment and rehabilitation through Performance Pricing or Risk Sharing. But isn’t this what industry levies do?  Reduced costs to Compensation Scheme.  Productivity – better equipment and reduced presenteeism and absenteeism. A role for health and wellness programmes? Is this a case for subsidies, tax benefits etc?  Reduced injury severity rates. O Points for discussion
  • 25. In reality where is the economic moral hazard or behavioural risk that economic incentives will fix? Which economic incentive will dominate in a highly contested workplace regulatory setting? Competition law, labour law, product & environmental law, free trade, free choice. An “actuarial risk” to the Scheme if incentives are set wrong, or don’t work. Rewarding what should already be done by law. A moral repugnance? Subsidising productivity improvements that should be done in their own economic interest (under neo-classical theory). No-fault Scheme. Return of the Forensic Lottery (in itself this is an economic incentive). Continual enforcement failure. O Points for discussion
  • 26. Summary: Designing Economic Incentives in the New Regulatory Setting  Requires understanding the whole social and institutional regulatory context  Modelling economic behavioural assumptions in a highly conflicted and contradictory regulatory space  Choosing the target outcomes sought  Designing for the outcomes  Economics incentives are only one part – and not necessarily the most important part – of the whole setting  Remember the Eurosafe Seven Success Factors

Editor's Notes

  1. Neo-Classical Economics Individuals are rational and behave in ways to maximise their individual self-interest Economic incentives are powerful and can promote desired patterns of behaviour Behavioural Economics Refutes the notion that individuals behave neo-classically Institutional, business, household and individual economic behaviour must be understood in the sociological and institutional context Understanding the context is critical to improving economic results and socio-economic welfare Modelling assumptions about firm and individual economic behaviour and incentives matters: conventional neo-classical economic theory is seriously wanting in this front
  2. Research consistently highlights the contested and connected nature of OHS policy to industrial relations, workers’ compensation policy, and competition law Superficial congruence between regulatory regimes operating in the same space Industrial relations, competition, and health and safety law all act to regulate business behaviour – and use a mix of incentives to achieve the desired policy outcomes However: competition law operates in a paradigm of promoting a free market health and safety and injury compensation operates from a welfare paradigm industrial relations law operates from a history of relationships between master / servant and property ownership Because the policies originate from different philosophical perspectives and are designed for different policy outcomes / agendas, they in fact compete and send contradictory messages
  3. Range of incentive models used in EU countries varies depending upon the regulatory and compensation settings
  4. Range of incentive models used in EU countries varies depending upon the regulatory and compensation settings Insurance strategies Participants receive some form of financial support or reward for their efforts to increase OSH activities and prevent occupational injuries and diseases – can include subsidised training Current ACC Examples (all variations on Risk Sharing & Risk Reward idea): Experience rating –levy based on claim history AEP – eligibility to self-manage claims WSMP – levy discount WSD – levy discount Others activities might include promotion of Health and Wellness programs or clear Product Endorsement (example AA – Centre Rear Brake Light)
  5. Range of incentive models used in EU countries varies depending upon the regulatory and compensation settings Tax and funding schemes: Designed to promote OSH activities Provide grant, award or tax concession schemes, separate from the insurance system Typically “one-off” purchases or highly targeted – e.g. to SMEs Example: Tax breaks or Sponsorship offered to employers to invest in safer equipment or work organisation that is safer than the minimum legal requirements
  6. Deloitte (October, 2009). Global Jurisdiction Summary, Australia, Canada, USA. PPT prepared for ACC.
  7. In interests of time, just going to look at a few selected examples, shown in Red, because the regulatory context is arguably similar to New Zealand’s and the incentives interest me for there variety and illustrate the range economic behavioural incentives that are being tried around the world, and which target different things of interest to Compensation Schemes.
  8. Bold items only highlighted as discussion points for interesting examples of type of incentive
  9. Economic incentives can be an Actuarial Risk if they are set wrong or don’t work. At best they reallocate costs. Target Non-WSMP Employers who are suited to join WSMP based on their size. The standard levy threshold is set at $10,000 per year. Non-Target Non-WSMP Employers considered too small for WSMP. Standard levies are less than $10,000 per year. Of the 2,550 participants in 2007/08, more than 1000 (40%) were no longer in the programme in 2011/12. Slightly less than half of this reduction appears to be due to employers ceasing business or merging and the remainder is due to apparent failure to reapply. Why would an employer who has previously met the requirements to join WSMP opt out of the programme and forego their levy discount?
  10. Economic incentives can be an Actuarial Risk if they are set wrong or don’t work. At best they reallocate costs. Compares the claims paid ration between discount levels in the WSMP programme