Welcome! OSHA & Workers Compensa6on Seminar. February 28, 2013

Transcription

1 Welcome! OSHA & Workers Compensa6on Seminar February 28, 2013

2 Objective OSHA regulations for small business OSHA training requirements for small business OSHA inspections & citations Managing employee injuries Return to work program Workers compensation cost Q & A FEEDBACK

3 OSHA for Small Business - Not covered under OSHA ACT Exempt Employers self-employed persons farms at which only immediate members of the farmer's family are employed those whose working conditions are regulated by other federal agencies under other federal statutes (This includes most employment in mining, nuclear energy and nuclear weapons manufacture, and many segments of the transportation industries.) persons who employ others in their own homes to perform domestic services such as housecleaning and child care churches and nonsecular church activities states and political subdivisions

4 OSHA for Small Business Partial Exemption 10 or Less Employees Injury & Illness Reporting except fatality and 3 or more hospitalization Program Inspections Low Risk Businesses Program Inspections security and commodity brokers, dealers, exchanges; auto dealers and gasoline service stations; apparel and accessory stores; furniture, home furnishing, and equipment stores; eating and drinking places; miscellaneous retail; banking; credit agencies other than banks; security and commodity brokers, dealers, exchanges and services; insurance; insurance agents, brokers and services; real estate; holding and other investment offices; personal services; business services; motion pictures; legal services; educational services; social services; museums, art galleries, botanical and zoological gardens; membership organizations; private households; and miscellaneous services.

5 OSHA for Small Business Regulatory Applicability OSHA Regulations 29 CFR 19XX General Industry Construction Shipyard Marin Terminal Longshoring Agricultural General Duty Clause Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees

6 OSHA Most Cited Programs 1. Fall protection, construction 2. Hazard communication standard (HAZCOM), general industry 3. Scaffolding, general requirements, construction 4. Respiratory protection, general industry 5. Control of hazardous energy (lockout/tagout), general industry 6. Powered industrial trucks, general industry 7. Electrical, wiring methods, components and equipment, general 8. Ladders, construction 9. Machines, general requirements, general industry 10. Electrical systems design, general requirements, general industry

7 Program & Training Requirements Written programs & employee trainings are required for OSHA Programs applicable to your operation Written program can be procedures, operating instructions, guidelines, etc. Training can be classroom, hands on, computer based as long as it covers job related risks and preventive measures Training frequencies are; Initial Annual After Change After Incident (recommended)

8 Program & Training Applicability - Example Roofing Contractor Janitorial Company Chemical Safety (HAZCOM) Machine Safety Personal Protective Equipments Bloodborne Pathogen x x x Fall Protection Electrical Safety x x x Packaging x x x x x Machine Shop Semiconductor x x x x x x x x Restaurant x x x Medical Clinic x x x

9 Program & Training Applicability - Example Electrical Contractor Janitorial Company Fire Safety Noise Exposure Incident Reporting Forklift Safety Respiratory Protection Hand Tool x x x x x x x x Packaging x x x x x Machine Shop Semiconductor x x x x x x x x x x x Restaurant x x Medical Clinic x x x

10 OSHA Inspections & Citations What Triggers OSHA Inspection? Investigation of imminent dangers any conditions or practices that could reasonably be expected to cause death or serious physical harm to employees immediately or before enforcement action could be taken (These investigations are conducted within 24 hours.) Fatality and catastrophe investigations any work-related incident that results in the death of an employee or the in-patient hospitalization of three or more employees (Such incidents must be reported to the nearest OSHA office by telephone or in person within eight hours of the incident.) Investigations of complaints for example, complaints made by employees, and referrals Programmed inspections regularly scheduled inspections in "high hazard" industries Other change in ownership, change of address, sudden increase/decrease in injury rate, etc.

11 OSHA Inspections & Citations First time and minor violations May receive a citation but may not receive fine Repeated or major violation May received severe penalty and other enforcement actions Civil Willful $5,000 - $70,000 Serious $7,000 Other If violation resulted in to death then imprisonment for up to 6 months, or both. A fine of up to $250,000 for an individual, or $500,000 for a corporation Other than Serious $7,000 Falling to Abate $7,000 Repeated $70,000

12 OSHA Inspections & Citations Corrective Measures Cooperate! Verbal confirmation vs. Records & Documents Implement corrective action immediately and demonstrate good faith efforts. Provide progress report to OSHA with evidence If needed request for more time and guidance.

13 OSHA Inspections & Citations Critical Documents OSHA 300 Log Injury Records Job Hazard Analysis Written Procedures Training Records..\OSHA 300 Log\300 Form.pdf

14 OSHA Recordkeeping OSHA 300 Log Employer Responsibility - Temporary vs. Permanent Temporary or Permanent all work injury/illness must be documented on OSHA 300 Log Temporary employees thru Temp Agency should go on to Supervising company logs If Temp employees are supervised by Client on day to day activity and job performance then injury should go on Client log If Temp employees are supervised by Temp Agency on day to day activity and job performance then injury should go on Temp Agency log

15 OSHA Recordkeeping Incident Management OSHA 300 Log Record every recordable incident Lost Time Accident = Recordable Accident Keep log up to date Never remove an entry Recordable Incident (not LTA) Work related injury where physician provides treatment above first aid and/or prescription medicine and/or light duty (restriction from normal job). Strike it out OSHA 300 A Report Lost Time Accident A work related injury where treating physician recommends injured worker to stay away for work for rapid recovery

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18 OSHA Recordkeeping Injury Records Incident Management Procedure Incident Reporting Form Accident Investigation Corrective Measures Clinic Visit Doctor notes Job Restrictions Release to Work

19 OSHA Recordkeeping Job Hazard Analysis (JHA) Assess safety hazard associated with each job Identify risk controls associated with hazards Training and discuss JHA with employees Update as you encounter changes and new risks

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21 OSHA Recordkeeping Procedures Written procedures Update procedures with every change Review existing procedures annually Review procedures with new hires and existing employees Keep procedures readily available

22 OSHA Recordkeeping Training Records Training Content Attendance records Check for Understanding (CFU)

23 Workers Compensation Exemptions Small Business may be exempt from OSHA compliance but are not exempt from Workers Compensation Employer is responsible for injured employee s well-being.

24 Workers Compensation Employer s Rights Investigate the accident Investigate validity of accident and severity of an injury/illness Request that the insurance carrier contest the compensability of a claim Right to report suspected workers' compensation fraud Provide light duty work to injured work

25 Workers Compensation Employee s Rights Report & file workers compensation claim up to 364 days from the date of an injury/illness Request second opinion from a medical professional

26 Workers Compensation Employer Responsibility - Temporary vs. Permanent Employers are responsible for injured employees workers compensation ( medical treatment, lost wages, etc.) For temporary agency depends on agreement with the client Generally temp agency s mark-up WC cost on hourly wages and thus Temp Agency is responsibility

27 Workers Compensation Injury Management Incident Report & Reporting Complete Injury Report ASAP Pain Chart Witness & evidence Provide medical treatment ASAP Keep medical clinic informed Worksite tour Potential risks at your worksite Provide your side of the story Light duty availability Insurance Provider Inform immediately Provide your side of the story Follow up on weekly basis When employee returns to full duty have the case closed in 30 days.

28 OSHA Recordkeeping Workers Compensation Injury Management Light duty, Light duty, Light duty! LTA = Out of sight out of mind LTA = Time off = $$$ & Moral Report on Pain Chart on weekly (or daily) basis

29 OSHA Recordkeeping Workers Compensation Injury Management Close the Claim Receive full release from the clinic Confirm with the employee and complete final pain chart Inform WC Provider and request to close the claim in 30 days.

30 Future Training FEEDBACK Training Topics Training Delivery (Classroom, CBT, etc.) Other Needs Company/Sector Specific Issues Health & Environmental Programs, etc.

31 Thank you to our sponsors