Term
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Definition
| a. Independent federal agency created to decide contests of citations or penalties resulting from OSHA inspections of American work places b. Functions as an administrative court with est. procedures for conducting hearings, receiving evidence and rendering decisions by its Administrative Law Judges (ALJs) |
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Term
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Definition
| An overbearing bureau with little or no sensitivity to the needs of employers. After major accidents “why didn’t osha prevent this?” |
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Term
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Definition
| log of work related illness or injuries |
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Term
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Definition
| summary of work related injury and illness |
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Term
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Definition
| injury or illness incident report |
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Term
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Definition
| a. Independent federal agency created to decide contests of citations or penalties resulting from OSHA inspections of American work places b. Functions as an administrative court with est. procedures for conducting hearings, receiving evidence and rendering decisions by its Administrative Law Judges (ALJs) |
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Term
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Definition
| An overbearing bureau with little or no sensitivity to the needs of employers. After major accidents “why didn’t osha prevent this?” |
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Term
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Definition
| log of work related illness or injuries |
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Term
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Definition
| summary of work related injury and illness |
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Term
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Definition
| injury or illness incident report |
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Term
| Requirements of recordkeeping |
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Definition
| More than 10 people - Must enter each recordable case on the forms within 7 calendar days of receiving info |
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Term
| exemptions of recordkeeping |
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Definition
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Term
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Definition
| a. Because of size or industry – must continue to comply with: Reporting fatalities and multiple hospitalizations; Annual osha injury and illness survey; BLS annual survey |
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Term
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Definition
| 10 or fewer during the last calendar year; Include temps supervised on a day to day basis |
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Term
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Definition
| All industries in agriculture, construction, manufacturing, transportation, utilities, and wholesale are covered; In retail and service sectors some industries are partially exempt |
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Term
| osha injury and illness recordkeeping 5 step process |
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Definition
| Did the employee experience an injury or illness?; Is the injury or illness work related?; Is the injury or illness a new case?; Does the injury or illness meet the general criteria or the application to specific cases?; IF yes to all then record the injury or illness |
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Term
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Definition
| significat aggravation; exceptions; travel status; work at home |
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Term
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Definition
| A preexisting injury or illness is significantly aggravated when an event or exposure in the work environment results in any of the following death, loss of consciousness, Days away, Medical treatment |
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Term
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Definition
| Present as a member of the general public; Symptoms arising in work environment that are solely due to non-work related event or exposure; Voluntary participation in wellness program, medical, fitness, or recreational activity; Eating, drinking, or preparing food or drink for personal consumption; Personal tasks outside assigned working hours; Personal grooming, self-medication for non-work related condition; Motor vehicle accident in parking lot, access road during commute; Common cold or flu; Mental illness- unless has doctor’s note |
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Term
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Definition
| An injury or illness that occurs while an employee is on travel status is work related if it occurred while the employee was engaged in work activities in the interest of the employer; Home away from home; Detour for personal reasons is not work related |
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Term
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Definition
| Injuries and illnesses that occur while an employee is working at home are work related if they: Occur while the employee is performing work for pay or compensation in the home and; Are directly related to the performance of work rather than the general home environment |
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Term
| general recording criteria |
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Definition
| Death; Days away from work; Restricted work activity; Transfer to another job; Medical treatment beyond first aid; Loss of consciousness; Significant injury or illness diagnosed by a PLHCP |
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Term
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Definition
| Record if the case involves one or more days away from work; Check the box for days away cases and count the number of days; Do not include the day of the injury; Days counts; Count the number of calendar days; Cap day count at 180; May stop day count if employee leaves company for a reason unrelated to the injury; If a medical opinion exists, employer must follow that opinion |
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Term
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Definition
| Record if the case involves one or more days of restricted work or job transfer; Check the box for restricted/transfer cases and count the number of days; Do not include the day of injury; Restricted work activity exists if the employee is ; A cause is not recordable if |
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Term
| restricted work activity exists if employee is: |
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Definition
| Unable to work the full workday he or she would otherwise have been scheduled to work; Or unable to perform one or more routine job functions |
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Term
| a cause is not recordable if: |
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Definition
| The employee experiences minor musculoskeletal discomfort; A health care professional determines that the employee is fully able to perform all of his or her routine job functions; The employer assigns a work restriction to that employee for the purpose of preventing a more serious condition from developing. |
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Term
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Definition
| An injured or ill employee is assigned to job other than his regular job for the day ; Recordable if he does it part time too |
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Term
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Definition
| The management and care of a patient or combat disease or disorder; Does not include(Visits to PLHCP solely for observation or counseling; Diagnostic procedures; First aid) |
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Term
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Definition
| Do not enter the name of an employee on the osha form 300 for privacy concern reasons; Enter privacy case in the name column; Keep a separate confidential list of the case numbers and employee names; Privacy concern cases are: (And injury or illness to an intimate body part or reproductive system; And injury or illness resulting from sexual assault; Mental illness; HIV infection hepatitis tuberculosis; Needle stick and sharps injuries that are contaminated with another person’s blood or other potentially infectious material; Employee voluntarily requests to keep name off for other illness cases) ; Employer may use discretion in describing the case if employee can be identified; If you give the forms to people not authorized by the rule, you must remove the names first (Exceptions for auditors, WC, public health authority) |
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Term
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Definition
| Review and correct and post OSHA form 300; A company executive must certify the summary; Must post for 3 month period from Feb 1st to April 30th |
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Term
| a company executive must certify the summary |
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Definition
| An owner; An officer;The highest ranking company official working at the establishment or their supervisor |
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Term
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Definition
| Retain forms for 5 years following the year they occur; Update the osha form 300 during that period; Need not update the 300a and 301 |
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Term
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Definition
| replacement of income; rehabilitation, accident prevention; cost allocation |
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Term
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Definition
| Replace income at current plus future minus taxes at a ratio of 2/3 |
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Term
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Definition
| Provide the needed medical care at no cost to the injured employee until he is pronounced fit to return to work |
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Term
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Definition
| Employers will invest in accident prevention programs to help hold down compensation costs |
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Term
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Definition
| To spread the cost of wc among industries (High risk industries pay more) |
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Term
| WC benefits are owed if injury |
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Definition
| arises out of employment (AoE) or occurs in course of employment (CoE) |
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Term
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Definition
| 80% of workers in US are covered, no WC at federal level |
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Term
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Definition
| Agricultural workers; Domestics employees; Casual employees; Hazardous work employees; Charitable religious employees; Small organization; Railroad and maritime; Contractors and subcontractors; Minors ; Extraterritorial employees |
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Term
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Definition
| state funds; private insurers; self insurance |
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Term
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Definition
| For employers undable to find wc coverage in voluntary market – costs a lot more |
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Term
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Definition
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Term
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Definition
| Setting aside funds in anticipation of wc claims rather than purchasing insurance; Many small businesses form groups |
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Term
| 6 methods for insurance premium rates |
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Definition
| schedule rating; manual rating; experience rating; retrospective rating; premium discounting; combos |
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Term
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Definition
| Insurance companies est. baseline safety conditions and then evaluate the employer’s conditions against their est. baselines; Credits are awarded for conditions that are better than baseline and debits are assessed for conditions that are worse than baseline; Rates are adjusted accordingly |
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Term
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Definition
| Has rates est. for various occupations; Different occupations may have different rates; The employers premium is determined by the prorated combo of individual rates based upon the occupational mix |
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Term
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Definition
| Premiums are based upon the type employer; Premium rates are based upon the predicted losses by type; if the employer’s experience is better than expected the rates will be adjusted down if worse rates will be up |
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Term
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Definition
| Employers pay an est. rate for a given period; At the end of that period an appropriate monetary adjustment is made based upon an assessment of the employer’s actual experience |
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Term
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Definition
| Large employers receive discounts on their premiums based upon their size; The theory is that the same amount of admin work is required for small as large |
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Term
| 4 types of comensable injuries in relation to benefits in AR |
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Definition
| permanent total disability; temporary total disability; permanent partial disability; temporary partial disability |
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Term
| permanent total disability |
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Definition
| Worker is no longer able to work even after medical treatment or rehab; For duration |
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Term
| temporary total disability |
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Definition
| A condition of workers who are unable to work for a period of time but can return to their normal work duties after recovery; At 2/3 for 450 weeks |
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Term
| permanent partial disbaility |
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Definition
| A permanent loss of work capacity but the worker is still able to work; At 2/3 for 450 weeks |
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Term
| temporary partial disbability |
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Definition
| A temp loss of work capacity but the worker can work at reduced capacity until recovery; After recovery the worker can return to this normal work activities; 2/3 450 weeks |
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Term
| 3 theoretical approaches to permanent partial disability |
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Definition
| whole person theory (employee best, employer worst); wage loss theory; loss of wage earning capacity theory |
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Term
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Definition
| What the worker is capable of doing after recuperation is subtracted from what he could do before; The difference is the disability |
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Term
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Definition
| Wages actually being earned are subtracted from wages the worker could have earned ; The compensation is a percentage of the difference |
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Term
| loss of wage earning capacity theory |
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Definition
| A determination is made on how much an employee could have made; The compensation is a percentage of the difference |
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Term
| what is workers compensation? |
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Definition
| Arkansas' no-fault compensation law was created by an initiated ac t in 1939 to guarantee prompt, automatic benefits toworkers injured on the job.; If an employee is unable to work because of a job injury, the employer’s workers' compensation policy takes care of the medical expenses and pays the employee money to live on until he/she is able to go back to work. In most cases, these benefits are started automatically, without delay or red tape.; Effective July 1, 1993, reform legislation was enacted and Act 796 of 1993 became the law for workers' compensation claim |
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Term
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Definition
| Almost every working Arkansan is protected by the Workers' Compensation Law, but there are a few exceptions.; Businesses where there are two or fewer employees may not be covered.; Railroad and maritime workers are covered by federal laws.; The Arkansas Workers' Compensation Law does not apply to employment of agricultural farm labor, domestic help, or employment by non-profit, religious, charitable or relief organizations. |
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Term
| 3 exceptions to the specific incident and time and place requirements |
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Definition
| (1) rapid repetitive motion injuries,including carpal tunnel; ; (2) gradual on-set back injuries; and; (3) hearing loss. ; These three injuries are compensable only in those cases in which the resultant condition is the "major cause" of the need for treatment and/or disability or death. Major cause is defined as more than 50% of the cause. |
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Term
| when is coverage effective? |
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Definition
| Coverage begins the first minute on the job and continues during employment.; You do not have to work a certain length of time, and there is no need to earn a certain amount in wages before being protected. |
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Term
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Definition
| You should report the injury to your employer or supervisor immediately.; You should give the employer written notice of the time, place and nature of the injury and such additional information to enable the employer to arrange medical treatment and to complete all necessary reports.; Benefits are automatic, but nothing can happen until the employer knows about the injury. |
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Term
| Rationale for OSH act 1970 and its four major categories |
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Definition
-job related accidents accounted for more than 14000 worker deaths
-nearly 2.5 million workers were disabled
-ten times as many person-days were lost from job-related disabilities
-estimated new cases of occupational diseases totaled 300,000 |
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Term
| Four major categories are: |
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Definition
-General industry (29 CFR 1910)
-construction (29 crf 1926)
-maritime (29 cfr 1915-1919)
agriculture (29 cfr 1928) |
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Term
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Definition
-consensus
-propriety
-pre existing fed laws |
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Term
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Definition
-developed by industry wide standards developing organization
-through consensus by industry
-ex: ANSI 56.1-1910.178 std. for powered industrial trucks |
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Term
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Definition
-prepared by pro experts within specific industries, pro societies and associations
-determined by membership vote
-ex compressed gas associated |
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Term
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Definition
-fed law in effect when the act became a law
-ex: (29 FR 1926)
*fed supply contracts act
*contract worker hours and safety stds act (construction safety act) |
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Term
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Definition
| general, apply to any employee, standards relating to fire protection or first aid |
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Term
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Definition
| particular, relevant only to particular industry, long shoring (1918) construction industry (1926) |
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Term
| how to rea and osha standard |
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Definition
| code of fed regulation (CFR)-title 29- part-section-subsection (lower case letters, nums, roman nums)- subsection of subsection (italic lower case, nums, roman nums) |
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Term
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Definition
any person enjoyed in business affecting commerce who has employees, but also not include US or any state or political subdivision of a state
-fed employees
-coverage is provided through either fed OSHA or an OSHA approved state program
-no exemtion for small businesss (10 or fewer employees) |
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Term
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Definition
-self employed person
-family farms that employ only immediate family
-fed agencies covered other fed agency under other fed statues
-state and local govs (unless in state w osha approved program)
-coal mines |
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Term
| osha approved state program |
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Definition
| ark department of labor has its own law that is not OSHA approved |
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Term
| 5 reqmts of developing state level osha program |
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Definition
-have adequate legislative enforcement
-demonstrate the ability to develop standard-setting
-have public employee protection
-sufficient # of qualified enforcement
-have education, training, and tech assistance program |
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Term
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Definition
-where osha doesnt have specific standards
-however every working person but be provided with safe and helpful workplace
-under gdc, the employer has an obligation to protect workers from serious and recognized workplace hazards even where there is no standard |
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Term
| osha criteria for issuing a gdc citation |
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Definition
-there must be a hazard
-the hazard must be recognized
-the hazard causes or is likely to cause serious harm or death
-the hazard must be correctable |
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Term
| osha inspection priorities |
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Definition
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Term
| imminent danger situation |
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Definition
| (first) where there is reasobale certainty that an employee is exposed to a hazard likely to cause death or immediate serious physical harm |
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Term
| catastrophes and fatal accidents |
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Definition
| second- if three or more employees are hospitalized or if an employee is killed, osha must be notified within eight hours |
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Term
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Definition
| third- aligning violations of standards or of unsafe or unhealthy working conditions |
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Term
| programmed high standard inspection |
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Definition
| fourth- aimed at specific high hazard industries, occupations, or health substances |
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Term
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Definition
| fifth- used to determine if previously cited violations have been corrected |
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Term
| examples of osha imspection (can or cant) |
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Definition
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Term
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Definition
-opening conference
-document reviewed
-safety inspection and walk through
-closing conference |
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Term
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Definition
-explains purpose and scope
-employer provides a representative to accompany inspector |
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Term
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Definition
-osha 300 log and 301 forms
-osha poster
-safety programs
-mechanical power press maintenance and inspection records |
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Term
| safety inspection and walk through |
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Definition
| -examines site, processes, operations, equipment, machines, devices, etc for osha compliance |
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Term
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Definition
-no citation issued at this time
-briefs employers on conditions found
-informs employer of whether citations will be issued and the employers right to appeal such citations |
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Term
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Definition
-willful violation
-serious violation
-other than serious violation
-repeated violation |
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Term
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Definition
-when reasonable efforts were made to eliminate hazard conditions
-min $5k for each violation (up to $70k)
-a willful violation of std resulting in the death of an employee- imprisoned, $250K for individual death, $500k for corporation |
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Term
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Definition
-a violation in which there is a high probability that death or serious physical injury may result
-violations of gdc are considered serious
-a mandatory penalty of up to $7k for each violation |
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Term
| other than serious violation |
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Definition
-a violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm
-a proposed penalty of up to $7k for each violation |
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Term
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Definition
-a violation of any standard, reputation, rule, or order where upon inspection a substantially similar violatin can bring a fine of up to $70k for each such violation
-a proposed penalty of up to $7k for each violation |
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Term
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Definition
-within 15 working days of the receipt of the citation, an employee may submit a written objection to osha
-oshas area director has the authority to make adjustments based on objections
-if no agreement- occupational safety and health review commission-appeals court |
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Term
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Definition
-national advisory committee on occupatinal safety and health (NACOSH)
-advisory committee on construction safety and health |
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Term
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Definition
| NACOSH-secretary of health and human services, secretary of labor) |
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Term
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Definition
| encourages employers and employees to reduce workplace hazards; implement or improve existing and health programs; maintain a reporting and record keeping system to monitor related injuries and illness |
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Term
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Definition
| (natnl institute for occupational safety and health) education and research oriented; department of health; human services under centers for disease control CDC |
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