Accident Classification

Records and Rates

Williams-Steiger Act of 1970

Created

OSHA Requires most employers to maintain records of employee work-related injuries and illnesses Additionally, reports must be made to state compensation authorities

Two Injury Recording Systems

ANSI

(American National Standards Institute)

Dates back to 1920 ANSI Z16.1 Now used primarily by small employers not under jurisdiction of OSHAct

Two Injury Recording Systems

OSHA

recordkeeping

employers with 11 or more employees records must be kept for each individual establishment 3 forms
OSHA No. 300 Log OSHA No. 300A Summary OSHA No. 301 Supplemental record

 OSHA

300 300A

Log of Work-Related Injuries and Illnesses

Summary of Work-Related Injuries and Illnesses

OSHA

OSHA

301

Injury and Illness Incident Report

OSHA Definitions
Recordable

case

must involve a death, injury, or illness to an employee must result from work must result in one of the following
medical treatment beyond first aid loss of consciousness restriction of work or motion transfer to another job

Recordable cases
All

occupational illnesses must be recorded Injuries must meet previous criteria

Recordable cases
Three

categories

Fatalities--all must be recorded regardless of time between injury and death Lost workday cases--results in either days away from work or days of restricted work activity Cases not resulting in death or lost workdays

OSHA Definitions
Work

Relationship

To be work related, must meet one of these criteria

engaged in work activity present as condition of employment travel status and engaged in work or travel function

OSHA Incidence Rates

Method

of measurement which adjusts for company size and employee exposure time Based on exposure of 100 full-time (40 hr.) employees, working 50 weeks per year=200,000 man-hours

Incidence Rate
Equals

No. of recordable cases X 200,000 ______________________ Total man hours in period

Severity Rate
Equals

No. of lost workdays X 200,000 __________________ Total man hours in period

Average Severity
Severity

Rate divided by incidence rate Provides average measure of the severity of all injuries

Definition
Lost

workdays--no. of days, consecutive or not, beyond day of injury or onset of illness, the employee was away from work or limited to restricted work activity due to the injury or illness.

Counting Lost Workdays OSHA

Days

away from work or of restricted work activity does NOT include day of injury or onset of illness but does include normal days off until the worker returns to his/her regular job.

Workers Compensation
Characteristics of State Laws

Compulsory vs. Elective Laws

Only

Texas, N.J., and S.Carolina are elective Compulsory laws require employers to accept its provisions and provide for benefits specified Indiana employers may purchase insurance through competitive market

Exclusive Remedy
Requires

employers to accept responsibility for injuries arising out of and in the course of employment without regard to fault Employees give up right to sue employers for unlimited damages Still may sue equipment manufacturers, or bring negligence action

Covered Injuries
Personal

injury

now includes occupational diseases

except ordinary disease of life

By

accident out of employment

eliminates self-inflicted intentional injuries occurs on-site or in travel

Arising

In

the course of employment

Benefits
Loss

of income

70% of cases are temporary total disability

only 25% of cash benefits paid

66% of cash benefits for permanent partial disability Benefits based upon gross weekly earnings
66% - 100% of wages

Delayed payment, usually 2 weeks, but retroactive

Benefits
Medical

benefits

first aid, physician services, hospital services, nursing and drugs, supplies, prosthetics all states require medical benefits, but some limit total amounts or payment period insurer usually selects physician

Other

sources of medical benefits

private disability insurance, Social Security

Benefits
Rehabilitation

primary source is federal-state vocational program

funded by fed, administered by state provide medical care, counseling, job placement, training

Problems To Address
Workers

lost wages Poor public image for employer Lost productivity Higher production costs Reduced tax revenue Less marketable products Financial burden on society

Early Workers Compensation

hospital established in Boston ($.06/mo. Deduction) 1789--Marine Hospital Service established (predecessor to U.S. Public Health Service 1852--Massachusetts passes first safety law dealing with steam engines 1867--Massachusetts Factory Inspection Act
1708--Sailors

Moving Along.

1887--Massachusetts passes textile spinning machinery safeguards law 1908--Federal Employees Workers Compensation Act

applied only to certain federal employees Teddy Roosevelt outraged that burden fell on injured or diseased worker

1911--First state Workers Comp law in Wisconsin

Workers Comp Laws

Purposes

Income

replacement rehabilitation

2/3 normal salary (non-taxable) work hardening

Vocational

Reduce

accidents Fair and equitable cost allocation

Workers Comp Laws

Eliminate

suing employer

exception is gross negligence

Injury

must result from the accident Injury must have arisen out of employment Injury must have occurred during course of employment

In Indiana
Law

passed in 1915 Statute of limitations

most cases--3 years radiation illness--must file within 2 years of diagnosis asbestos--35 years from last exposure all other occupational diseases--2 years from last exposure