Employment-Related Injuries Chapter 24

OSHA Occupational Safety and Health Administration Primary representative of protective agencies Primary representative of protective agencies

Occupational Safety and Health Act Assisted in creating OSHA and empowering them to enforce rules and regulations Assisted in creating OSHA and empowering them to enforce rules and regulations Applies to firms with 11 or more employees that are engaged in interstate commerce Applies to firms with 11 or more employees that are engaged in interstate commerce

OSHA’s Responsibilities 1. Assure a hazard-free workplace General duty clause – requires that employers provide a workplace free from hazards that are likely to cause death or serious harm ** OSHA can fine and/or shut down companies that do not comply

OSHA’s Responsibilities 2. Develop and Enforce Regulations Safety training requirements Safety training requirements Safety clothing and equipment Safety clothing and equipment Construction, maintenance and shielding of equipment Construction, maintenance and shielding of equipment Lighting, ventilation, and sanitation Lighting, ventilation, and sanitation

OSHA’s Responsibilities 3. Conduct Workplace Inspections Although employers may deny OSHA inspectors access, they can easily obtain a search warrant to enter the property

Employers are required to file periodic safety reports describing work-related injuries Employers are required to file periodic safety reports describing work-related injuries If 3 or more employees require hospitalization or injury results in death, the Department of Labor must be notified within 8 hours If 3 or more employees require hospitalization or injury results in death, the Department of Labor must be notified within 8 hours Employees may anonymously call OSHA with concerns Employees may anonymously call OSHA with concerns

OSHA Violations Most are resolved without a lawyer Most are resolved without a lawyer Some violations can push companies into bankruptcy Some violations can push companies into bankruptcy Companies may have the opportunity to appeal a complaint if they respond in a timely manner Companies may have the opportunity to appeal a complaint if they respond in a timely manner

Worker’s Compensation An Employer’s Liability

What is Worker’s Compensation? Payment an employer makes to an insurance fund that compensates employees for injuries that occur on the job Payment an employer makes to an insurance fund that compensates employees for injuries that occur on the job

Assumption of Risk Occurs when a person is aware of a danger but voluntarily remains in the situation Occurs when a person is aware of a danger but voluntarily remains in the situation Could protect employer from being fully liable Could protect employer from being fully liable

Co-Worker Negligence A co-worker causes injury due to carelessness A co-worker causes injury due to carelessness If employer can prove co- worker negligence occurred, the employer is not liable! If employer can prove co- worker negligence occurred, the employer is not liable!

What if you’re not covered? If for any reason the injury would not be covered under worker’s compensation, the employee has the right to sue the employer! If for any reason the injury would not be covered under worker’s compensation, the employee has the right to sue the employer! Ex. If the employer was negligent Ex. If employer fails to provide insurance

Excluded Employees Workers for companies with too few employees (often companies with 3 or less) Workers for companies with too few employees (often companies with 3 or less) Casual workers Casual workers Independent contractors Independent contractors Covered by other systems* Covered by other systems*

Scope of Employment Acting for the benefit of the employer (working within the duties of your employment) Acting for the benefit of the employer (working within the duties of your employment) Any activity not within the scope of employment is not covered! Any activity not within the scope of employment is not covered!

Paying for Insurance Worker’s Compensation benefits come from one of three sources: Worker’s Compensation benefits come from one of three sources: 1. Private insurance policy 2. State-administered fund 3. Self-insured