W10: OSHA & Worker's Compensation Flashcards
What does OSHA stand for?
Occupational Safety and Health Act
What is OHSA?
federal law requiring private-sector employers to keep their workplaces free from hazards that threaten the safety and health of employees. Eliminate or lessen hazards.
What are the 3 agencies of OSHA?
-Occupational Safety & Health Administration (OSHA)
-Occupational Safety & Health Review Commission (OSHRC)
-National Institute of Occupational Safety & Health (NIOSH)
What does the OSHA agency handle?
overall administration and enforcement of the act.
-establishes safety standards
-conduct inspections
-provides info to employers
What does the OSHRC agency handle?
hears appeals from OSHA’s enforcement actions
What does the NIOSH agency handle?
provides scientific and technical support to OSHA
-helps identify hazards and develop appropriate standards
-visit workplaces and conducts health hazard evaluations
_ has the authority to create safety standards.
OSHA
T/F: Separate standards exist for different industries
True.
It is the companies responsibility to be aware of and comply with all standards that apply to their operations.
What are some examples of things that OSHA set standards on?
-substances
-equipment
-work processes
-environmental conditions (ex noise)
-safety practices
T/F: OSHA may create temporary standards on an emergency basis
True
To establish violation of a standard, OSHA must show all of the following:
-an applicable standard exists
-standard was not complied with
-one or more employees were exposed
-the employer knew or should have known of the standard
General Duty Clause
provides that 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.
When an employee is exposed to a hazard that does not has a specific standard. What clause can be invoked and enforced?
General Duty Clause
To prove a violation of the General Duty Clause, OSHA must show all of the following:
- a workplace hazard was allowed to exist
-hazard was or should have been recognized by employer
-hazard caused or was likely to cause death or serious physical injury
-feasible means exist to abate the hazard and were not used
OSHA is enforced by:
-responding to employee complaints of violations
-OSHA going to workplaces on own initiative and inspecting
T/F: An employer representative is not entitled to accompany the compliance office during an inspection
False
An employer representative is entitled to accompany the compliance office during an inspection however they can not intimidate or interfere
Abatement Period
the amount of time the employer has to correct a problem
Citations must be posted in the workplace near where the violations occurred for _ working days or until the violations are _.
3, correct
The Occupational Safety and Health Act is enforced by: (2)
-responding to employee complaints of violations
-OSHA going out to workplaces on its own initiative and conducting inspection
T/F: An employer representative is entitled to accompany the compliance officer during a workplace inspection
True but employers are prohibited from intimidating or interfering with compliance officers as they perform their jobs
Fatal accidents are to be reported to OSHA within _ hours
8
Accidents resulting in hospitalization, amputation, or loss of an eye is to be reported within _ hours
24
What is Workers Compensation?
insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job
Who is covered under workers compensation?
All employees, full or part-time, in either the public or private sector
Who is not covered under workers compensation?
Independent Contractors
except if the work performs by IC is normally performed by regular employees
The purpose of the OSH Act:
to prevent injuries and illnesses by making workplaces safer
What is a statutory employee?
independent contractors that perform work that is normally performed by regular employees
T/F: Employers don’t have to arrange workers’ compensation coverage for their employees
False; that must by law
What are experience ratings?
of claims and injuries that determine insurance rates along with the industry
T/F: Employers contribute to state WC funds, purchasing coverage from private insurers or may be self-insured
True
If an EE is hurt on the job, what is the percentage of their partial income replacement?
66%
Along side partial income replacement, what else does an employer have to provide?
medical costs and rehabilitation services
T/F: Coverage of medical costs under WC are not separate from any health insurance benefits.
False; medical costs and their health benefits are separate
What is exclusive remedy?
it limits employees to filing claims without ability to sue and accept the determine remedies
When does exclusive remedy not apply?
when injury is intentional rather than accidental and employee may sue
In the course of employment: refers to:
time, place, and setting in which the injury or illness occurs
Arising out of employment: refers to:
underlying causation of the injury or illness
T/F: It shouldn’t be required that employees report all injuries as soon as possible
False
What should you do after a injury is reported?
Investigate
Are employers required to provide injured employees with information about their rights to receive WC and the forms needed to file for WC?
Yes
T/F: HR should stay in close contact with injured employees & medical care providers, convey info to medical care providers regarding employees job and duties, and ensure light duty assignment are available for injured employees who are not fully capable
True
