CREATING A CULTURE OF WELLNESS IN

THE WORKPLACE—TAKE THE LEAP

Lisa Krouse, Esq., SPHRSVP, HR & Support Services

FCCI Insurance Group

Christine Sensenig, Esq.Sensenig Law Firm, P.A.

Let’s Meet Each Other

2

Gallop Poll

Unhealthy employees cost

employers $1.8 million per year

3

Lifestyle and Chronic Disease

• Chronic disease related to lifestyle

accounts for 70% of the country’s

medical costs

• Approximately 108 million people in the

U.S. have at least one chronic disease: Heart disease

Diabetes

Asthma

Hypertension

Osteoarthritis4

Some Facts You May Not Know

• 50% to 70% of all diseases and

medical problems are associated with

or caused by modifiable health risks* Obesity

Smoking

Poor Nutrition

* Health Enhancement Research Organization

5

Uncontrolled stress

Inadequate exercise

Etc.

The Costs

An average sick day in the US

costs an organization about $348.00

in lost productivity6

Additional Costs

“Employers with comprehensive Total

Heath Management Programs achieve

2% percent lower annual health

premium than those with limited or no

programs”* *Mercer’s 2009 Health Care Survey

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Culture of Wellness

What is it and why is it important?

Productivity – an engaged workforce

Bottom line

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What is a Culture of Wellness?

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• Environment where every employee can

perform at their best level

• Environment that is supportive

• Leadership that provides for each

employee’s diverse interests and needs

• Workplace that encourages positive, healthy,

lifestyle choices

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“Workplace wellness is not about

changing people…

…it is about having a culture that

promotes productivity through

a healthy work environment.”

Take the Leap!

Leadership and Listening

Environment and Education

Attitude and Acknowledgement

Policies, Procedures, Programs

and Partnerships

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Leadership – Values & Culture

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“There’s no question that workplace wellness

is worth it…The only question is whether you

do it today or tomorrow and if you keep

saying you’re going to do it tomorrow, you’ll

never do it. You have to get on it today.”

- Warren Buffett

Chairman, Berkshire Hathaway

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Strategy

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• Convince business CEOs on the value

of workplace wellness

• Align wellness programs and health

promotion goals with the organization’s

vision, mission and values

Wellness Works

• Increased employee satisfaction

• Increased productivity

• Improved presenteeism – focus on the job

• Decreased absenteeism

• Demonstrates commitment to employees

• Company is a role model

• Demonstrates integrity – “Walk the walk”

• Recruiting tool

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Benefits of Wellness Programs*

• Increased morale 71%

• Reduced absenteeism 52%

• Reduced on-the-job injuries 48%

• Reduced workers’ comp costs 44%

• Reduced disability management costs 27%

• Increased production 28%

*Human Resource Executives Magazine

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Listening

• To yourself

• To employees through surveys

• Employees rank benefits among top

contributors to job satisfaction*

Data collection is essential!Demographics, interest surveys, health risk

assessments, sick days, engagement surveys,

claims data and other key indicators

* SHRM 2010 Employee Job Satisfaction Research Report

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Results at FCCI

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Environment & Education

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• Important to support your diverse

workforce

• Begin educational programs that set

the stage for participation

• Look around – what does your

environment say about the culture of

wellness at your workplace

• Newsletters, eBlasts

Attitude & Acknowledgement

• Open

• Honest

• Celebrate Success Individually

As an organization

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Attitude & Acknowledgement

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• Share success stories

• Acknowledge successes

• Use incentives to reward health

achievements

Communication and Recognition

• Can employees provide and receive

feedback about wellness?

• Are healthy behaviors acknowledged?

• Do you share success stories?

• Is wellness integrated with job

performance?

• Are financial incentives used to reward

health achievements?22

Polices, Procedures, Programs &

Partnerships

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• Secure and solidify management support

• Review policies and procedures Sick days

PTO banks

Vending machines

Facility usage

Safety

Ergonomics

• Craft an operating plan Based on data, create SMART objectives, timeline, budget

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Medical coverage for preventive care

Reimbursement for fitness center

membership or tobacco cessation

Smoke-free workplace policy

Flex-time policies

Incentives for wellness

Building a Well Workplace

Supportive Policies

• Easily accessible for review

• Positively worded

• Clearly understood

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Building a Well Workplace —

Specifics

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Get ready to pick and choose

how you will take the LEAP

Getting Started

• Educate employees about costs of

health care claims

• Arrange lunch and learns

• Host Weight Watchers

• Sponsor/Support Sports Teams

• Offer healthier alternatives at meetings,

events

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• Issue pedometers for walking initiatives

• Blood drives

• Fitness classes in conference rooms

• Flu shots

• Ergonomic evaluations

• Education on Rx costs

Circulate lists of local retailers $4/$10

plans (i.e. Target, WalMart)28

Getting Started

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Getting Started

• On-site fitness center, café, health

clinic

• Smoking cessation program

• Educate and inform on various health

issues

To Encourage Physical Activity

Promote stairwell use

Sponsor fun run/exercise events

Map onsite walking routes

Provide bike racks

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To Encourage Healthy Eating

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Provide healthy vending/onsite food service

options

Provide cooking demos/seminars

Provide fast food guides

Create healthy recipe swaps

Promote community markets/events

To Encourage Tobacco Avoidance

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Smoke free workplace policy

Provide educational information

Promote community resources for quitting

Reimbursement for tobacco cessation aids

or programs

Change the location of smoking areas

To Encourage Awareness of Health

Plan Options

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• Generic prescription campaign

Communicate generic active

ingredients/effectiveness v. brand names

• Increase prevention education

Behavioral changes carry minimal costs

Medical prevention strategies may

generate more medical costs

Communication is KEY to Success

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• Builds & reinforces messages

• Remind them

• Call to action

• What’s in it for me/us?

LEGAL ISSUES TO CONSIDER

Christine Sensenig, Esq.

GINA & Wellness: What you don’t know can’t

hurt you & what you do know can hurt you too!

• GINA stands for the Genetic Information Non-

Discrimination Act

• GINA became effective in November of 2009 -

litigation on the issue is just starting

• GINA protects people from being treated

unfairly because of differences in their DNA

that may affect their health

• GINA applies to employers covered by Title VII

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GINA

• Technology and data gathering advance beyond our

wildest imagination – (George Orwell may have

been right) Not only is Big Brother watching, Big

Brother has access to our life story!

• Many Americans concerned that genetic information

may be used by employers to discriminate in the

workplace

• People worried that employers may choose not to

hire someone currently healthy BUT genetically pre-

disposed to future disease onset

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I’m a member of SHRM. I have my

SPHR. It’s a rookie mistake to

make employment decisions based

on anything other than an

employee’s qualifications and ability

to do the job...

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What’s the difference between

ADA & GINA?

• ADA prohibits discrimination on the

basis of manifested conditions that

meet the definition of disability

• GINA prohibits discrimination based on

genetic information and NOT on the

basis of a manifested condition

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What is Genetic

Information such

that I know how

to avoid it for my

Company’s

Wellness

Program?

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EEOC’s Definition of Genetic

Information – Part I

• An individual’s genetic

testing/test results

• Genetic tests of family members

• The manifestation of a disease

or disorder in family members

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EEOC’s Definition of Genetic

Information – Part II

• Requests for or receipt of genetic

services by an individual or family

member (genetic testing, counseling,

education)

• Genetic information of a fetus carried by

an individual or family member - or of an

embryo legally held by the individual or

family member using an assisted

reproductive technology 42

Genetic Information Does Not

Include

• Information about an individual’s or family

member’s age or gender

• Fact that an individual currently has a

disease or disorder (manifested condition)

- individual would be protected by the

ADA if the disease rises to the level of a

disability

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Title II of GINA applies to Employers

• Prohibits employers from using genetic

information to make employment

decisions

• Restricts employers from intentionally

acquiring genetic information about

applicants and employees

• Requires employers to keep confidential

genetic information that they have or

receive about employees and applicants44

This is your employee...45

Southwest Airlines Customer of

Size Policy

• What is the definitive gauge for a

Customer of Size?

• “The armrest is the definitive gauge for a

Customer of Size. It serves as the

boundary between seats and measures

17 inches in width. Customers who are

unable to lower both armrests and/or who

compromise any portion of adjacent

seating should proactively book the

number of seats needed prior to travel.”

What about Facebook?

• Searching current or prospective

employee’s Facebook pages can lead

you to learn information that could

affect hiring decisions

• People share much of their personal

lives on social media - sometimes you

learn genetic information in subtle ways

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Do you recognize this logo?

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What about this one?

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This started the wristband craze

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Sometimes the message about

genetic issues an employee shares

on-line via social media is not subtle

at all...

52

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What about potential

discrimination issues under GINA?

• While obesity and other issues are still

emerging as potential endocrine

diseases, are there other types of

appearance issues that could result in

an analysis of potential GINA

violations?

54

Ms. Lorenzana was “too pretty” to

work for Citibank

Recognize her?

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Now that we have a better idea as

to GINA’s impact on employers,

let’s focus on GINA’s impact on

Wellness Programs

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An employee suffers a workplace

accident and has an active workers’

compensation claim

• In a response to the workers’ comp carrier’s

subpoena, the employee’s medical providers send

records, including test results that were not done as

a result of the workplace accident

• That testing reveals a heart condition unknown to

the employer

• The employee is the Team Leader for the

Company’s new “Team in Training” triathlon group

• Does the information you learned through the

workers’ comp carrier change anything?

• What do you do with the test results? 57

Your company sponsors a softball

team to encourage camaraderie and

physical fitness

• To participate, all employees must undergo

a physical

• In filling out the physical questionnaires,

several employees, despite not being asked,

note hereditary conditions and family issues,

including migraine headaches, hypertension,

heart problems, glaucoma and various

cancers

• What, if anything, do you as the HR

professional do with this information? 58

New employee tours worksite with you

• A group of employees is walking laps around the

premises and you explain such walks are encouraged as

a wellness opportunity, and that employees earn points

for walking to purchase restaurant gift certificates from

HR

• The employees responds that he’d like to participate in

more exercise as stress relief is something he could

really use due to his mother having colon cancer

• The employee then asks you whether he could visit his

mother during her chemotherapy sessions at the hospital

across the street instead of taking a walking break?

59

GINA carries penalties for companies

that tie wellness to completion of

Health Risk Assessments

• Do not provide incentives to employees completing

HRA’s requesting or collecting genetic information

• Be wary of the open-ended question on HRA’s that

allows employees to provide prohibited genetic

information: “Is there anything else relevant to your

health that you would like to share?”

• If your best efforts still result in “TMI,” segregate the

information for confidentiality purposes and do not

allow the information to result in a penalty or lost

incentive to the employee

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Violations of GINA can result in:

• Equitable relief, including injunctive

relief AND back pay

• Punitive and compensatory damages,

to the extent allowable under Title VII

• Punitive damages unavailable against

federal, state and local government

employers

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TAKE THE LEAP

We can make a difference!

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THANK YOU!

This presentation may be downloaded

from www.hrflorida.org after the

conference.