W10: OSHA & Worker's Compensation

Question 1

What does OSHA stand for?

Answer 1

Occupational Safety and Health Act

Question 2

What is OHSA?

Answer 2

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.

Question 3

What are the 3 agencies of OSHA?

Answer 3

-Occupational Safety & Health Administration (OSHA)
-Occupational Safety & Health Review Commission (OSHRC)
-National Institute of Occupational Safety & Health (NIOSH)

Question 4

What does the OSHA agency handle?

Answer 4

overall administration and enforcement of the act.
-establishes safety standards
-conduct inspections
-provides info to employers

Question 5

What does the OSHRC agency handle?

Answer 5

hears appeals from OSHA’s enforcement actions

Question 6

What does the NIOSH agency handle?

Answer 6

provides scientific and technical support to OSHA
-helps identify hazards and develop appropriate standards
-visit workplaces and conducts health hazard evaluations

Question 7

_ has the authority to create safety standards.

Answer 7

OSHA

Question 8

T/F: Separate standards exist for different industries

Answer 8

True.
It is the companies responsibility to be aware of and comply with all standards that apply to their operations.

Question 9

What are some examples of things that OSHA set standards on?

Answer 9

-substances
-equipment
-work processes
-environmental conditions (ex noise)
-safety practices

Question 10

T/F: OSHA may create temporary standards on an emergency basis

Answer 10

True

Question 11

To establish violation of a standard, OSHA must show all of the following:

Answer 11

-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

Question 12

General Duty Clause

Answer 12

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.

Question 13

When an employee is exposed to a hazard that does not has a specific standard. What clause can be invoked and enforced?

Answer 13

General Duty Clause

Question 14

To prove a violation of the General Duty Clause, OSHA must show all of the following:

Answer 14

• 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

Question 15

OSHA is enforced by:

Answer 15

-responding to employee complaints of violations
-OSHA going to workplaces on own initiative and inspecting

Question 16

T/F: An employer representative is not entitled to accompany the compliance office during an inspection

Answer 16

False
An employer representative is entitled to accompany the compliance office during an inspection however they can not intimidate or interfere

Question 17

Abatement Period

Answer 17

the amount of time the employer has to correct a problem

Question 18

Citations must be posted in the workplace near where the violations occurred for _ working days or until the violations are _.

Answer 18

3, correct

Question 19

The Occupational Safety and Health Act is enforced by: (2)

Answer 19

-responding to employee complaints of violations
-OSHA going out to workplaces on its own initiative and conducting inspection

Question 20

T/F: An employer representative is entitled to accompany the compliance officer during a workplace inspection

Answer 20

True but employers are prohibited from intimidating or interfering with compliance officers as they perform their jobs

Question 21

Fatal accidents are to be reported to OSHA within _ hours

Answer 21

8

Question 22

Accidents resulting in hospitalization, amputation, or loss of an eye is to be reported within _ hours

Answer 22

24

Question 23

What is Workers Compensation?

Answer 23

insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job

Question 24

Who is covered under workers compensation?

Answer 24

All employees, full or part-time, in either the public or private sector

Question 25

Who is not covered under workers compensation?

Answer 25

Independent Contractors
except if the work performs by IC is normally performed by regular employees

Question 26

The purpose of the OSH Act:

Answer 26

to prevent injuries and illnesses by making workplaces safer

Question 27

What is a statutory employee?

Answer 27

independent contractors that perform work that is normally performed by regular employees

Question 28

T/F: Employers don’t have to arrange workers’ compensation coverage for their employees

Answer 28

False; that must by law

Question 29

What are experience ratings?

Answer 29

of claims and injuries that determine insurance rates along with the industry

Question 30

T/F: Employers contribute to state WC funds, purchasing coverage from private insurers or may be self-insured

Answer 30

True

Question 31

If an EE is hurt on the job, what is the percentage of their partial income replacement?

Answer 31

66%

Question 32

Along side partial income replacement, what else does an employer have to provide?

Answer 32

medical costs and rehabilitation services

Question 33

T/F: Coverage of medical costs under WC are not separate from any health insurance benefits.

Answer 33

False; medical costs and their health benefits are separate

Question 34

What is exclusive remedy?

Answer 34

it limits employees to filing claims without ability to sue and accept the determine remedies

Question 35

When does exclusive remedy not apply?

Answer 35

when injury is intentional rather than accidental and employee may sue

Question 36

In the course of employment: refers to:

Answer 36

time, place, and setting in which the injury or illness occurs

Question 37

Arising out of employment: refers to:

Answer 37

underlying causation of the injury or illness

Question 38

T/F: It shouldn’t be required that employees report all injuries as soon as possible

Answer 38

False

Question 39

What should you do after a injury is reported?

Answer 39

Investigate

Question 40

Are employers required to provide injured employees with information about their rights to receive WC and the forms needed to file for WC?

Answer 40

Yes

Question 41

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

Answer 41

True