Employment-Employment-RelatedRelatedInjuriesInjuriesChapter 24Chapter 24

OSHAOSHAOccupational Safety and Occupational Safety and

Health AdministrationHealth Administration

Primary representative of Primary representative of protective agenciesprotective agencies

Occupational Safety and Occupational Safety and Health ActHealth Act

Assisted in creating OSHA Assisted in creating OSHA and empowering them to and empowering them to enforce rules and regulationsenforce rules and regulations

Applies to firms with Applies to firms with 11 or 11 or moremore employees that are employees that are engaged in interstate engaged in interstate commercecommerce

OSHA’s OSHA’s ResponsibilitiesResponsibilities

1.1. Assure a hazard-free workplaceAssure a hazard-free workplace

General duty clause – requires that General duty clause – requires that employers provide a workplace employers provide a workplace free from hazards that are likely free from hazards that are likely to cause death or serious harmto cause death or serious harm

** OSHA can fine and/or shut down ** OSHA can fine and/or shut down companies that do not complycompanies that do not comply

OSHA’s OSHA’s ResponsibilitiesResponsibilities

2. Develop and Enforce Regulations2. Develop and Enforce Regulations

Safety training requirementsSafety training requirements Safety clothing and equipmentSafety clothing and equipment Construction, maintenance and Construction, maintenance and

shielding of equipmentshielding of equipment Lighting, ventilation, and Lighting, ventilation, and

sanitationsanitation

OSHA’s OSHA’s ResponsibilitiesResponsibilities

3. Conduct Workplace 3. Conduct Workplace InspectionsInspections

Although employers Although employers maymay deny deny OSHA inspectors access, they OSHA inspectors access, they can easily obtain a search can easily obtain a search warrant to enter the propertywarrant to enter the property

Employers are required to file Employers are required to file periodic safety reports periodic safety reports describing work-related injuriesdescribing work-related injuries

If 3 or more employees require If 3 or more employees require hospitalization or injury results hospitalization or injury results in death, the Department of in death, the Department of Labor must be notified within 8 Labor must be notified within 8 hourshours

Employees may anonymously Employees may anonymously call OSHA with concernscall OSHA with concerns

OSHA ViolationsOSHA Violations

Most are resolved without a Most are resolved without a lawyerlawyer

Some violations can push Some violations can push companies into bankruptcycompanies into bankruptcy

Companies may have the Companies may have the opportunity to appeal a opportunity to appeal a complaint if they respond in a complaint if they respond in a timely mannertimely manner

Worker’s Worker’s CompensatioCompensatio

nnAn Employer’s An Employer’s

LiabilityLiability

What is Worker’s What is Worker’s Compensation?Compensation?

Payment an employer Payment an employer makes to an insurance makes to an insurance fund that compensates fund that compensates employees for injuries employees for injuries that occur on the jobthat occur on the job

Assumption of Assumption of RiskRisk

Occurs when a person is Occurs when a person is aware of a danger but aware of a danger but voluntarily remains in the voluntarily remains in the situationsituationCould protect employer Could protect employer from being from being fullyfully liable liable

Co-Worker Co-Worker NegligenceNegligence

A co-worker causes injury A co-worker causes injury due to carelessnessdue to carelessness

If employer can prove co-If employer can prove co-worker negligence worker negligence occurred, the employer is occurred, the employer is notnot liable! liable!

What if you’re not What if you’re not covered?covered?

If for any reason the injury would If for any reason the injury would not be covered under worker’s not be covered under worker’s compensation, the employee has compensation, the employee has the right to sue the employer!the right to sue the employer!

Ex.Ex. If the employer was negligent If the employer was negligent

Ex.Ex. If employer fails to provide If employer fails to provide insuranceinsurance

Excluded Excluded EmployeesEmployees

Workers for companies with Workers for companies with too few employees (often too few employees (often companies with 3 or less)companies with 3 or less)

Casual workersCasual workers

Independent contractorsIndependent contractors

Covered by other systems*Covered by other systems*

Scope of Scope of EmploymentEmployment

Acting for the benefit of the Acting for the benefit of the employer (working within the employer (working within the duties of your employment)duties of your employment)

Any activity Any activity notnot within the within the scope of employment is not scope of employment is not covered!covered!

Paying for Paying for InsuranceInsurance

Worker’s Compensation Worker’s Compensation benefits come from one of benefits come from one of three sources:three sources:

1.1. Private insurance policyPrivate insurance policy

2.2. State-administered fundState-administered fund

3.3. Self-insuredSelf-insured