ISHN logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
ISHN logo
  • NEWS
    • Today's News
    • Global Safety News
    • Government Regulations
  • PRODUCTS
    • Product Innovations
    • Featured Products
  • TOPICS
    • Environmental Health and Safety
    • Facility Safety
    • Workplace Health
    • Occupational Safety
    • PPE
    • More Topics
  • CONSTRUCTION
  • TECHNOLOGY
  • COLUMNS
    • Best Practices
    • Dave Johnson: What’s going on
    • Editorial Comments
    • Leading Safety
  • MULTIMEDIA
    • ISHN Podcast
    • Videos
    • Cold Stress Education Quiz
    • Webinars
    • White Papers
  • MORE
    • Buyer's Guide
    • Newsletters
    • Convention Companion
    • Polls
    • Events
    • ISHN Store
    • Sponsor Insights
  • EMAGAZINE
    • eMagazine
    • Archived Issues
    • Contact
    • Advertise
  • JOIN TODAY!
Today's Safety NewsWorkplace Health

Public health experts: Workplace wellness programs shouldn’t discriminate

February 12, 2013

The American College of Occupational and Environmental Medicine (ACOEM) has presented formal comments to the U.S. Department of Health and Human Services (DHHS) on the proposed rule, “Incentives for Nondiscriminatory Wellness Programs in Group Health Plans” promulgated by DHHS and the Departments of Labor and Treasury.

The proposed rule, announced in the November 22 Federal Register, offers amendments to regulations, consistent with the Affordable Care Act, regarding non-discriminatory wellness programs in group health coverage. Specifically, the proposed regulations would increase the maximum permissible reward under a health-contingent wellness program offered in connection with a group health plan (and any related health insurance coverage) from 20 to 30% percent of the cost of coverage. The proposed regulations would increase the maximum permissible reward to 50% for wellness programs designed to prevent or reduce tobacco use. The regulations also include other proposed clarifications regarding the reasonable design of health-contingent wellness programs and the alternatives they must offer in order to avoid prohibited discrimination.

A key building block

“As the medical society devoted to promoting the health of workers, we believe strongly in the efficacy of evidence-based wellness and prevention programs in the workplace, said Dr. Karl Auerbach, ACOEM President in a January 25 letter to DHHS Secretary Kathleen Sebelius. “The evidence clearly demonstrates that these programs can be effective for improving health and productivity if well designed and implemented.”

In its comments, ACOEM emphasized that workplace is critical to health system reform, noting that workplace wellness programs are a key building block in helping promote a true culture of health in the workplace. “Rather than simply treating disease, wellness programs seek to keep healthy people healthy and bring people at high risk back from the brink of illness by managing health risk factors and promoting proactive health maintenance strategies,” ACOEM wrote.

The College further pointed out that workplace wellness programs do not have to be based solely on outcomes to succeed. “In fact, they are more likely to be successful if they encourage greater employee participation and buy-in, providing appropriate incentives that lead to active engagement in the programs which have been proven to yield better outcomes.”

ACOEM also agreed that worksite wellness programs must be designed to avoid discrimination and stressed that they should be tailored to achieve improved health outcomes for individuals. “Our guidance to employers is to take into account the needs of their workforce in designing the elements of a program so they are not overly burdensome. The language in the regulations should specifically state this requirement.”

Smoking v. other factors

The College did express concern regarding the up to 50% of total premium cost allowable for tobacco cessation vs. 30% available for all other risk factors, noting that “this allocation may give the signal to employees that tobacco cessation is of greater importance than other factors such as body mass index (BMI, glucose, blood pressure and cholesterol).”

In addition, ACOEM commented that it was pleased so many of the concepts embodied in the statement, Guidance for a Reasonably Designed, Employer-Sponsored Wellness Program Using Outcomes-Based Incentive, are reflected in the proposed rule. This statement, a collaboration of the Health Enhancement Research Organization, the American Cancer Society and American Cancer Action Network, the American Diabetes Association and the American Heart Association, was developed for the purpose of informing employers either considering or embarked on providing “health-centric” wellness programs what should be considered in their plan statement.

ACOEM’s complete letter including specific recommendations for integrating worksite wellness into the organizational structure of the workplace is available at www.acoem.org/WellnessRule.aspx.

KEYWORDS: ACOEM health tobacco wellness

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • forklift safety

    Exploring the latest technologies in forklift safety

    With more staff and more stock in warehousing now more...
    Workplace Training Strategies
    By: Josh Cramer
  • welding

    All about welder’s flash or arc eye

    A flash burn is a painful inflammation of the cornea,...
    Environmental Health and Safety
  • dangerous jobs

    The 10 most dangerous jobs in the U.S.

    On-the-job deaths have been rising — hitting the highest...
    Occupational Safety
    By: Benita Mehta
Manage My Account
  • eMagazine Subscriptions
  • ISHN Newsletter & Other Newsletter Alerts
  • Online Registration
  • Manage My Preferences
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the ISHN audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of ISHN or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • man wearing the the Sundström SR200 Full Face Mask Respirator
    Sponsored byOHD

    5 Fit Testing Mistakes That Could Cost You

  • This image shows Magid AcuSpex polarized blue mirrored safety glasses.
    Sponsored byMagid Glove and Safety

    Construction PPE Guide: What Crews Need for Each Task

  • lone worker in confined space
    Sponsored byAlphasense Ltd.

    GET THE LEAD OUT of your Safety Oxygen Sensors!

Popular Stories

SpaceX 7 launch

OSHA Investigating Fatal Fall at SpaceX Starbase

Worker Impairment

How to Tell When a Co-Worker is Impaired? A Safety Pro’s Challenge

Automated loading dock equipment

After March 2026 Rivian Death, Safety Managers Reassess Loading Dock Systems Under OSHA's Warehouse Emphasis Program

top 10 most dangerous jobs

Poll

Seasonal Readiness

With the federal heat stress prevention rule on the horizon, which area of your safety program needs the most attention?
View Results Poll Archive

Products

Surviving an OSHA Audit A Management Guide, 2nd Edition

Surviving an OSHA Audit A Management Guide, 2nd Edition

See More Products

ISHN Podcasts

Related Articles

  • Cardiac rehab programs can be vital part of workplace wellness programs

    See More
  • Company to study effectiveness of its workplace wellness programs

    See More
  • Final rule for workplace wellness programs published

    See More

Related Products

See More Products
  • 0470387408.jpg

    Preparing for OSHA s Voluntary Protection Programs: A Guide to Success

See More Products
×

Become a Leader in Safety Culture

Build your knowledge with ISHN, covering key safety, health and industrial hygiene news, products, and trends.

JOIN TODAY
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Manufacturing Division
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing