OTA Dispatch Issue 3, 2021

18 Oregon Trucking Associations, Inc. Oregon Truck Dispatch arguably within the course and scope of employment. Personal Comfort Doctrine. Another claim might occur when an employee is injured while getting coffee or going to the bathroom at home. Under the personal comfort doctrine, an injury is compensable if the employee was engaging in activities necessary for their personal comfort or welfare and part of “normal working conditions.” This personal comfort doctrine could apply to employees who WFH, meaning that applicable activities can range from eating lunch, drinking water or coffee, going to the bathroom, and even taking a break for a smoke. More to consider. Having a remote workforce is not uncommon to the trucking industry— the backbone of our workforce is away from our primary location anywhere from one day to 14 or more days at a time. However, moving your nondriver staff home does create unique scenarios in addition to workers’ compensation exposure. Check in with them. See how they are doing with balancing WFH and family, if they feel they are still needed or getting the communication from the company they need. Ask them if they feel working from the office compared to WFH is productive, what are the pros and cons, and address what you can. Finally, be prepared that some WFH employees may not want to come back to the office post pandemic and others may not feel that WFH is right for them and want to return now. Develop a plan for both of those options. Based in Eugene, OR, Jennifer King is an account executive with WHA Insurance, specializing in workers’ compensation. Jennifer is an active OTA member, currently serving as Safety Management Council (SMC) representative. She also frequently represents OTA and the trucking industry in the public arena, primarily around employment issues. Most recently, she worked to ensure trucking had a strong voice as OR-OSHA developed its “temporary” COVID-19 rules. WFH & Workers’ Comp, cont.