Final Rule Governing the Classification of Independent Contractors
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orOSHA Publishes Resources to Assist Employers with Mental Health & Wellness
The United States Department of Labor Occupational Safety & Health Administration has posted numerous resources and tools for employers to utilize to combat workplace stress. OSHA has published these resources following a survey conducted by the American Psychological Association in 2021 that reported burnout and stress at an all-time high across all professions and that “actions from their employers would help their mental health.”
The resources published by OSHA include:
Employers are starting to recognize the impacts that worker mental health has in the workplace. Statistics cited by OSHA reveal that workplace stress has been reported to cause 120,000 deaths in the U.S. each year. Nearly 83% of workers suffer from work-related stress and more than half of those report that workplace stress impacts their home life. Importantly, for every $1.00 spent on ordinary mental health concerns, employers see a $4.00 return in productivity gains.
The American Psychological Association encourages employers to develop mental health and wellness programs in the workplace. They recommend that employers go beyond simply offering an Employee Assistance Program (EAP). They recommend a cross-departmental review of your company’s EAP offerings to assess if they are meeting your workforce needs. Also, ensure that your program includes mental health professionals from diverse backgrounds and specialties. Additionally, they encourage launching a communications campaign about the things that your EAP professionals can cover, including stress, mental health, and financial guidance. Most importantly, ensure that your frontline leaders are informed and able to communicate the EAP availability and offerings to your team.
Under the Mental Health Parity and Addiction Equity Act (MHPAEA), all employers sponsored health plans are required to offer the same level of health coverage for mental health-related concerns as for any other medical concerns. Most short- and long-term disability insurance plans offer a limited number of free Employee Assistance Plan visits as part of the included benefits. Lastly, American Ambulance Association members get free access to the Counselor Match Program, which provides access to mental health counselors with extensive experience in working with EMS and public safety professionals.
If you need assistance with this, or any other workplace challenges, please contact the AAA at hello@ambulance.org.
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orResults from AAA/Newton 360 Fourth Annual EMS Industry Turnover Study Shows Worsening Employee Turnover
The American Ambulance Association (AAA) and Newton 360, an Emergency Medical Services (EMS)-based workforce management software platform, joined forces again this year to conduct the fourth annual survey of employee turnover in the EMS industry. The 2022 survey presents turnover data from 119 EMS organizations, representing more than 12,000 employees. This year, the survey included data regarding the percentage of positions reported to be open at the time of the survey, which showed that EMS agencies are having difficulty filling open positions.
Over the last few years, EMS organizations were impressive in meeting the challenges in the face of the continuing COVID-19 global pandemic. The EMS workforce rose to the challenge and battled the disease, despite the workforce shortages that have plagued the EMS profession and other healthcare partners for nearly a decade. EMS organizations have offered innovative solutions to public health crises, including establishing testing and vaccinations sites around the country, suggesting that EMS employers and employees are prepared to expand their role to include greater provision of preventive services and community-based healthcare.
Turnover Rates by Year by Occupational Category
(2021 Results Appear in Parentheses Below the 2022 Results)
Average Turnover for the Year 2021 | Percentage of Open Positions Summer of 2022 | |||
Occupation | Overall Turnover | Voluntary Turnover | Involuntary Turnover | Open Rate |
Full-time EMT | 36%
(24%) |
31%
(19%) |
5%
(5%) |
11% |
Part-time EMT | 36%
(28%) |
36%
(24%) |
4%
(5%) |
39% |
Full-time Paramedic | 27%
(26%) |
26%
(20%) |
3%
(3%) |
30% |
Part-time Paramedic | 30%
(23%) |
29%
(19%) |
2%
(3%) |
55% |
Supervisor | 21%
(15%) |
16%
(11%) |
2%
(3%) |
13% |
Dispatch | 29%
(30%) |
22%
(23%) |
6%
(6%) |
15% |
Voluntary and overall turnover increased for 2022, with the turnover rate being in the 20 to 36 percent range for EMTs and Paramedics, a 6% increase over the prior year. Meaning that EMS agencies are experiencing a full turnover of all staff every 3-4 years. Greater than one third of all new hires, turnover within their first year of employment. Not surprisingly, this converted into a relatively high rate of currently open positions, especially for EMTs and Paramedics at EMS agencies around the country.
In keeping with prior year’s surveys, the primary reasons for cited for turnover across all positions within EMS agencies is low pay and benefits, followed by a change in career. While many agencies offered stipends and increase wages in an effort to incentivize employees, it has not flattened the turnover curve. One of the key findings in this year’s survey is the significant increase in open positions for those EMTS and Paramedics working in a part time capacity. The open position rate for part-time paramedics was at a staggering 55%, suggesting that those who previously worked EMS as a second job no longer find it an attractive part time career choice.
This study evidences a need to embark upon a larger initiative to collect data on the EMS workforce in the U.S. A report published by the Health Resources and Services Administration (HRSA) stated that there will be a need for an additional 40,000 EMS personnel by 2030, in part, because of the recognition of the valuable education, training, and experience individuals working in the EMS field offer in other healthcare settings. This will necessitate an extensive understanding of the nature and reasons for turnover in EMS-related occupations.
EEOC Issued New Guidance on Employer Mandatory COVID-19 Testing Policies
On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its guidance, What
You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, which
impacted several long-standing COVID-19-related policies. The most significant policy change in the
latest guidance was related to employer mandatory COVID-19 testing. The updated guidance is not likely
to significantly impact EMS employer testing practices for field personnel, but could for those who work
in administrative or non-patient facing roles.
In the latest guidance, the EEOC changed its previous position that employers could generally require
COVID-19 testing for most employees. The EEOC had previously taken the position that it believed that
COVID-19 viral testing was per se, job-related and consistent with business necessity, regardless of the
employer type. Under the latest guidance, the EEOC is now stating that employers will need to more
closely analyze whether viral testing is job-related and consistent with business necessities. In doing so,
employers should utilize any of these factors:
The Center for Disease Control (CDC) level of community transmission.
The vaccination status of employees.
The degree of breakthrough infections are possible for vaccinated workers.
The transmissibility of current variants.
The possible severity of illness from a current variant.
In most instances, EMS employers who require COVID-19 viral testing for field employees for ongoing,
symptomatic, or return to work reasons, are likely to meet the job related and consistent with business
necessity requirement. However, for those employees who are in non-patient-facing roles, it will be far
more difficult to justify mandatory COVID-19 testing and employers should reconsider their position on
mandatory testing.
The guidance also included updates to clarify the timeline factors to consider when handling reasonable
accommodation exceptions for vaccinations and how there could be a reasonable pandemic-related
delay. However, they acknowledged that this is likely less impactful at this point in the pandemic.
Additionally, the guidance highlighted that employers are not under an obligation to engage an
employee who has a serious health condition if the employee has not requested an accommodation
from vaccination.
Many EMS employers are currently required to mandate COVID-19 vaccinations for employees who may
enter or interact with the patients or staff of a covered healthcare facility unless they have a covered
religious or disability-related exemption. After nearly two years of the pandemic and the availability of
COVID-19 vaccinations, those employees who wish to be vaccinated would have done so by now. Those
who remain unvaccinated are doing so by choice.
If you have any questions or concerns regarding the updated guidance or any COVID-19 related
workplace practice, be sure to contact the American Ambulance Association for assistance at
hello@ambulance.org.
The American Ambulance Association is partnering with Newton 360, an ambulance industry partner and Human Resource support firm, to conduct our fourth annual industry turnover study. Our intent is to comprehensively collect and analyze ambulance industry employee turnover data so as to produce a report that provides useful and actionable data. We are inviting EMS organizations to participate in the study. The study will be conducted and managed by Dennis Doverspike, PhD, and Rosanna Miguel, PhD, who are associated with the Center for Applied Talent Analytics at John Carroll University. Each individual or organizational response will be strictly confidential.
The purpose of the study is to better quantify and understand the reasons for turnover at nearly every organizational level within the EMS Industry. Thank you very much for your time and support.
Why participate in the survey?
It is recommended you gather information about your employees and about turnover before completing the questionnaire.
In this survey, we will be asking about headcount (filled and open positions), number of employees leaving the organization, and reasons for employees leaving. We will be asking these questions for each of the following job categories: supervisor, dispatch, EMT, part-time EMT, paramedic, and part-time paramedic. Headcount refers to the number of filled and open positions for each job category at the end of 2021. Filled positions refer to the number of employees in each job category that were on payroll at the end of 2021. For each job category, the number of filled positions should be added to the number of open positions at the end of 2021 to determine the total headcount.
The survey can be accessed by following the link below. It will open on July 5th, 2022, and close at end of day, July 15th, 2022.
https://johncarroll.qualtrics.com/jfe/form/SV_3gtyd4SaQnkevvU
Thank you,
Scott Moore, Esq.
Newton 360
Workforce Dynamics, Inc.
(781) 236-4411 office
(781) 771-9914 cellular
www.newton360.com