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Principles of Occupational Safety and Health

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Title: Principles of Occupational Safety and Health


1
Principles of Occupational Safety and Health
  • Part 1
  • Accidents and OSHA Standards
  • Jeffrey S. Oakley, Ph.D., CSP

2
Goals for this Series
  • Follow a Book Occupational Safety and Health
  • Introduction to Collegiate Safety Courses
  • 4 Parts
  • Accidents and OSHA Standards
  • Hazard Identification
  • Hazard Analysis and Prevention
  • Ethics and Safety Management
  • Education and Training (Applied)
  • Trial for Other Series (Industrial Hygiene,
    Environmental, Etc.)

3
Learning ObjectivesPart 1 Accidents and OSHA
Standards
  • Understand the History and Purpose of Safety and
    Health Programs (Accident Prevention Programs)
  • Understand the goals of OSHAct and OSHA
  • Understand the Effects of Accidents and Accident
    Theories
  • Understand the Need for Workers Compensation
    Insurance

4
CHAPTER 1 Safety and Health Movement, Then and
Now
  • History of H S movement is important to
    understanding the roots and future.
  • Can be traced back to the Prehistoric Era
  • Pre-Industrial Revolution
  • Post-Industrial Revolution
  • Health and Safety Movement today

5
PREHISTORIC
  • Defensive weaponry
  • Silicosis from hard quartz
  • Mining for flint
  • BABYLONIANS
  • 2000 B.C. 6th Ruler, Hammurabi
  • Code of Hammurabi
  • Set precedent for the an early form of workers
    compensation insurance
  • If a man has caused the loss of a gentlemans
    eye, his own eye shall be caused to be lost

6
EGYPTIANS
  • Organized construction of temples, pyramids and
    tombs
  • Rameses II ( 1500 B.C.)
  • Canal from Mediterranean to Red Sea
  • Constructed huge temple Ramesseum
  • Provided medical services for workers to maintain
    a healthy workforce
  • GREEKS
  • Nicander, poet physician
  • Wrote poem, Alexipharmaca describing lead
    poisoning
  • Hippocrates, Father of Medicine
  • Described effects of tetanus
  • Hippocratic Oath

7
ROMANS
  • Built extensive aqueducts, sewage systems, public
    baths, latrines and ventilated houses
  • Poets and philosophers wrote about ills of
    certain occupations, toxic substances, plague
    etc.
  • Alexander the Great first medical services for
    the army
  • Pliny the Elder first respirators made of ox
    bladders for workers exposed to mercury

8
6TH 17TH CENTURY
  • Construction and world exploration
  • Some power-driven factories
  • Start of textile industry
  • Poor living conditions and plague

9
18th CENTURY
  • Ramazzini Father of Occupational Medicine
  • Wrote Discourse on Disease of Workers
  • Suggested physicians ask What is your
    occupation?
  • Mass manufacturing textiles cotton wool
    followed by metal, wood and leather goods

10
INDUSTRIAL REVOLUTION
  • Inanimate power sources - coal steam
  • Substitution of machines for human skills
  • Invention of new methods of manufacturing.
  • Organization of work in large units
  • What effect did these changes have on the safety
    and health of workers?

11
Lifting
Empire State Building
12
Supervising
Empire State Building
13
Cable Spinning
Golden Gate Bridge
14
Riveting
Empire State Building
15
Bolting
Empire State Building
16
Slinging
Empire State Building
17
Inspecting
Empire State Building
18
Electrical work
Eiffel Tower
19
Hanging about
Empire State Building
20
Lifting
Golden Gate Bridge
21
Admiring the view
Golden Gate Bridge
22
MILESTONES
  • 1802 Health Morals of Apprentices Act
  • 1867 Massachusetts factory inspections
  • 1868 first barrier safeguard patent
  • 1869 BLS Bureau of Labor Statistics
  • 1877 Massachusetts required safeguards on
    machines AND Employers Liability Law
  • 1892 First Safety Program established
  • 1907 D.O.L created the Bureau of Mines
  • 1908 Concept of Workers Compensation

23
MILESTONES
  • 1913 National Council of Industrial Safety
  • 1936 Walsh Healy Public Contracts Act
  • 1938 Fair Labor Standards Act
  • 1969 Coal Mine Health and Safety Act
  • 1970 Occupational Safety Health Act
  • 1977 Federal Mine Safety Act

24
TRAGEDIES
  • 1930s HAWKS NEST silica silicosis
  • 1964 ASBESTOS FINDINGS
  • 1968 COAL MINE EXPLOSION West Virginia killed
    78
  • 1984 BHOPAL INDIA mass release of MIC 3000
    fatalities and 50,000 exposures
  • Criminal Negligence
  • Corporate Prejudice
  • Avoidance (avoiding safety rules in USA)

25
ORGANIZED LABOR
  • Organized labor has fought for safer working
    conditions and compensation for injured workers.
  • Overturned the anti-labor laws
  • Fellow-servant rule employers were not liable
    for workplace injuries that resulted from
    negligence of other employees
  • Contributory negligence If actions of employees
    contributed to own injuries
  • Assumption of Risk workers who accept a job
    assume the risks of the job and consequences of
    the risk

26
SPECIFIC HEALTH PROBLEMS
  • Coal Workers Pneumoconiosis (Black Lung)
  • Mercury poisoning
  • Minimata Japan
  • 1940s hat making industry in New York
  • Silicosis
  • Asbestosis

27
ACCIDENT PREVENTION PROGRAMS
  • World Wars I and II discovered connection
    between quality and safety
  • World War II labor shortage ( women in
    workplace)
  • Incentive for employers to create safe workplace
  • Organized safety programs by management
    introduced the three Es of safety
  • ENGINEERING
  • EDUCATION
  • ENFORCEMENT

28
DEVELOPMENT OF SAFETY ORGANIZATIONS
  • 1912- National Safety Council NSC
  • 1914- American Society of Safety Engineers ASSE
  • 1938- American Conference of Governmental
    Industrial Hygiene ACGIH
  • 1939- American Industrial Hygiene Assoc. AIHA
  • 1970- Occupational Safety Health Administration
    OSHA
  • 1970 - National Institute of Occupational Safety
    and Health NIOSH

29
GROWTH OF PROFESSION
  • More large companies employing H S
    professionals
  • Influence of OSHA Standards
  • Greatest growth is in construction and service
    industries
  • Increasing emphasis on certified professionals
  • Public awareness and employee expectations

30
CHAPTER 1 REVIEW and DISCUSSION
  • If OSHA went away, what would companies do?
  • Do Unions do much for Safety and Health anymore?
  • What other regulation or movement have an impact
    on safety and health besides OSHA?
  • What is next in the safety and health field?
  • Review Questions
  • 1. How did workplace tragedies affect the safety
    movement?
  • 2. Explain the three Es of safety and how does
    it apply to safety in the field?
  • Key Terms
  • Assumption of Risk, Contributory Negligence,
    Fellow Servant Rule

31
Chapter 2 Accidents and their Effects
  • According to National Safety Council
  • During a 10 minute speech -- 2 persons will be
    killed and about 170 will suffer a disabling
    injury, costing 2,800,000.
  • On the average -- 11 accidental deaths and 1,030
    disabling injuries every hour.
  • Occupationally 14 deaths a day
  • Are Deaths at Work going up or down?

32
DIRECT AND INDIRECT COSTS OF ACCIDENTS
  • Direct Costs
  • Lost wages
  • Medical Expenses
  • Insurance premiums administration
  • Property damage
  • Indirect Costs (Hidden and/or Uninsured Costs)
  • Production loss
  • Job -retraining
  • Downtime and decreased production
  • Costs of investigators time
  • Overtime wages resulting from incident

33
COSTS OF ACCIDENTS
  • spent responding to accidents are that
    could have been reinvested in technology,
    research, facility upgrades etc.
  • Proactive vs. Reactive
  • Why should WE prevent accidents?
  • Economic reasons
  • Moral reasons
  • Legal reasons

34
WORK-RELATEDNESS AND LOST TIME
  • Not all accidents are work-related
  • Bureau of Labor Statistics (BLS) website provides
    work-related death/injury statistics
  • Lost time due to work injuries accounts for
    approximately 35,000,000 hours/year!
  • Work-related fatalities and lost time injuries
    must be recorded for OSHA and BLS.
  • INCIDENT RATE ?
  • IR No. recordable injuries / illness X
    200,000
  • Total no. hrs worked by employees/year

35
WORK INJURIES BY ACCIDENT TYPE
  • from which the accident resulted, such as
  • OVEREXERTION
  • IMPACT INJURIES ( STRUCK-BY OR CAUGHT BETWEEN)
  • FALLS
  • According to the latest BLS report, what are the
    two leading types of injuries?

36
DEATH RATES BY INDUSTRY
  • Agencies/ organizations which collect statistics
    on fatalities include
  • 1. BLS - Bureau of Labor Statistics
  • 2. NSC - National Safety Council
  • 3. National Center for Health Statistics
  • SIC codes - Standard Industry Classification

37
PARTS OF BODY INJURED
  • Important to keep records on the parts of the
    body injured. Why?
  • Most frequent injured body parts include
  • 1. Back
  • 2. Legs and fingers
  • 3. Arms
  • 4. Trunk
  • 5. Hands

38
REPETITIVE STRESS INJURIES
  • RSI - Repetitive Stress Injuries is a broad term
    which includes injuries resulting from cumulative
    trauma to the soft tissues
  • MSD - Musculoskeletal Disorders
  • CTS - Carpal Tunnel Syndrome - common repetitive
    stress injury to the wrist which effects the
    median nerve.

39
ESTIMATING COSTS OF ACCIDENTS
  • Safety professionals must show COSTS of accidents
    are greater than the COSTS of prevention. WHY? -
    CBA
  • Look at both the INSURED AND UNINSURED (direct
    and indirect) costs
  • Calculate the costs
  • HOW DO YOU GET THE NUMBERS?

40
CHAPTER 2 REVIEW AND DISCUSSION
  • How does Lawsuits affect the reasons to increase
    the safety?
  • If Company A has a IR of .7 and Company B has a
    IR of 5.6, does that mean the Company A has a
    better safety program?
  • Why is Company Cs IR of 2.5 better than
    Companys D 1.3?
  • Review
  • 1. What are some direct and indirect costs?
  • 2. Why is it important for the Safety
    Professional to estimate accident costs?
  • 3. How are incident rates calculated?
  • Define the following ACRONYMS
  • BLS, NSC, OSHA, MSD, SIC

41
Chapter 3 THEORIES OF ACCIDENT CAUSATION
  • DOMINO THEORY
  • HUMAN FACTORS THEORY
  • ACCIDENT INCIDENT
  • SYSTEMS THEORY
  • COMBINATION THEORY
  • DRUGS, ALCOHOL, AND DEPRESSION
  • MANAGEMENT FAILURE

42
THE DOMINO THEORY
  • 1920s - Herbert Heinrich, Travelers Insurance
  • 88 caused by UNSAFE ACTS
  • 10 caused by UNSAFE CONDITIONS
  • 2 UNAVOIDABLE
  • This has been proven false in many other
    theories.

43
HEINRICHS AXIOMS
  • 1. Injuries result from series of factors, one is
    the accident itself.
  • 2. Accident occurs only from an unsafe act by a
    person and/or hazardous condition.
  • 3. Most accidents result from unsafe behavior.
  • 4. Unsafe act does not always immediately result
    in accident.
  • 5. Reason for unsafe act can guide correction

44
AXIOMS CONT
  • 6. Severity of accident is fortuitous and
    accident is preventable
  • 7. Best accident prevention best quality
    production techniques
  • 8. Management should assume responsibility for
    safety.
  • 9. Supervisor is key in prevention
  • 10. Accidents have direct and indirect costs.

45
5 DOMINOS
  • 5 FACTORS in sequence lead to accident
  • 1. Ancestry and social environment
  • 2. Fault of person
  • 3. Unsafe act/ Hazardous condition
  • 4. Accident
  • 5. Injury

46
DOMINO THEORY - 2 POINTS
  • 1. Injuries are caused by the action of preceding
    factors
  • 2. The removal of the central factor (unsafe act
    or hazardous condition) negates the action of the
    preceding factors, thereby preventing accidents
    and injuries.
  • How do you use this model to prevent accidents?

47
HUMAN FACTORS THEORY
  • Attributes accidents to chain of events
    ultimately caused by human error.
  • 1. Overload
  • Environmental factors
  • Internal factors
  • Situational factors
  • 2. Inappropriate response
  • 3. Inappropriate activities

48
ACCIDENT/INCIDENT THEORY
  • An extension of H.F. Theory
  • Developed by Dan Petersen
  • New elements ie. ergonomic traps
  • Conscious or unconscious decision to err
  • Causal relationship between management decision,
    management behavior and safety.
  • MULTIPLE CAUSES

49
SYSTEMS THEORY
  • A system is a group of interrelated components
    that interact together to form a whole.
  • Likelihood of an accident determined by how these
    components interact.
  • Interacting components
  • Machine
  • Person
  • Environment

50
RISK DECISIONS
  • 1. JOB REQUIREMENTS
  • 2. WORKER ABILITY LIMITATION
  • 3. GAIN IF TASK IS ACCOMPLISHED
  • 4. LOSS IF ATTEMPTED TASK FAILS
  • 5. LOSS IF TASK IS NOT ATTEMPTED
  • What is you HAD to do a job that is extremely
    high hazard?

51
COMBINATION THEORY
  • Cause of accident cannot be determined by one
    model of theory
  • Combines parts of several different theory models
  • Avoid the tendency to apply one model to all
    accidents.

52
OUTSIDE FACTORS
  • Drugs, Alcohol, Depression, Family Issues
  • Intent
  • Management Failures
  • How do each of these factors affect accident
    theory?

53
CHAPTER 3 REVIEW AND DISCUSSION
  • How does the worker deal with POOR management?
  • How does failure of management fit in the domino
    theory or multiple cause theory?
  • REVIEW
  • 1. List the 5 dominos in the Domino Theory of
    Accident Causation.
  • 2. What is the main premise of the Domino Theory?
  • 3. What is the main premise of the Multiple Cause
    Theory?

54
Chapter 4 - OSHAct, Standards and Liability
  • OSHAct Rationale
  • Mission and Purpose
  • Coverage
  • OSHA Standards
  • Recordkeeping Reporting
  • Workplace Inspections
  • Citations and Penalties
  • State OSHA Programs
  • OSHAs Services
  • Employer and Employee Rights Responsibilities
  • OSHA Standards

55
Rationale for OSHAct
  • A comprehensive, uniform law was needed to help
    reduce work-related injuries, illnesses and
    deaths.
  • Average of 14,000 deaths per year
  • 2.5 million disabled workers from accidents each
    year
  • 300,000 new cases of occupational disease each
    year.
  • The OSHAct is contained in Title 29 of the Code
    of Federal Regulations ( 29 CFR)
  • General Industry - Parts 1900 1910
  • Construction - Part 1926
  • Maritime - Part 1915

56
OSHActs Purpose
  • To assure so far as possible every working man
    and women in the nation safe and healthful
    working conditions and preserve our human
    resources.

57
OSHAs Mission Purpose
  • Reduce workplace hazards
  • Implement new safety health programs
  • Improve existing H S programs
  • Establish rights of employers and employees
    regarding workplace safety health
  • Monitor job-related illnesses injuries

58
OSHAs Mission Purpose
  • Establish training programs to increase safety
    health professionals improve competency
  • Establish mandatory workplace safety and health
    standards
  • Provide for state-level programs
  • Monitor evaluate statelevel programs

59
OSHAct Coverage
  • Covers employers in all 50 States , District of
    Columbia, Puerto Rico, and all other U.S.
    Territories.
  • If employer has 1 employee, it must comply with
    applicable sections of the Act.
  • Sometimes this is very confusing -- Reporting VS.
    Coverage.

60
Exemptions
  • Self-employed
  • Family farms that employ immediate members of
    family
  • Federal agencies covered by other federal
    statutes
  • State and local governments
  • Coal mines (MSHA)

61
OSHA Standards
  • Some standards apply to specific types of
    employers ie. Process Safety Management
    (Vertical)
  • Some standards apply to all employers (with some
    exemptions) ie. Hazcom (Horizontal)
  • Horizontal and Vertical
  • Performance and Specification
  • General Duty Clause requires that employers
    provide a workplace that is free from hazards
    that are likely to harm employees.
  • When is the General Duty Clause used? Public Law
    5(a)1

62
OSHA Standards
  • Most OSHA standards came from consensus standards
    ie. NFPA and ANSI
  • Requests also come from other federal agencies,
    standard setting agencies or labor organizations
    and private citizens.
  • Standing committee or Ad Hoc Committees
  • NACOSH- National Advisory Committee on OSH
  • NIOSH National Institute for OSH

63
Standards vs. Regulations
  • OSHA issues both standards and regulations
  • Standards address specific hazards ie. Confined
    spaces
  • Regulations can be generic in some cases or more
    specific in others.
  • Regulations do NOT apply to specific hazards and
    do NOT require the rigorous review process that
    the standards go through

64
OSHA Standards
  • OSHA can adopt, amend or revise standards
  • First must publish a Notice of Proposed
    Rulemaking in the Federal Register
  • Next, OSHA conducts a public hearing ( if one is
    requested) comments are voiced
  • After comment period and public hearing, final
    amended text of standard is published in the
    Federal Register with explanations.

65
Code of Federal Regulations
  • Title 29 contains all standards assigned to OSHA
  • Title 29 is divided into several PARTS
  • PART 1910 General Industry Standards
  • PART 1926 Construction Industry
  • PART 1915 Maritime
  • Part 1910 consists of 21 SUBPARTS
  • Subparts are denoted by uppercase letters
  • PARTS are also divided into SECTIONS ie. 29 CFR
    1910.1200 Hazard Communications

66
Code of Federal Regulations
  • The SECTIONS are divided into 4 levels of
    SUBSECTIONS
  • 29 CFR 1910.1200 (a) (1) ( iv) (C
  • 1st level lower case alphabet
  • 2nd level Arabic numerals
  • 3rd level Lower case Roman numeral
  • 4th level Uppercase letters

67
Temporary Emergency Standards
  • OSHA is empowered to issue a TES as an interim
    measure until a permanent standard can be
    developed.
  • OSHA must determine
  • Workers are in imminent danger to a hazard which
    is not covered by existing standard
  • ETS must be published in the Federal Register

68
TEMPORARY VARIANCE
  • If employer is not able to comply with a new
    standard by its enforcement date, employers may
    file for a TEMPORARY VARIANCE
  • Temporary variance can be granted up to a maximum
    of ONE YEAR AND
  • The employer must demonstrate they are making
    effort to comply.

69
PERMANENT VARIANCE
  • Employers may apply for PERMANENT VARIANCE if
    they can demonstrate that they already EXCEED the
    requirements of the new standard.
  • Employees must be informed and allowed to have a
    hearing
  • OSHA has the authority to award or deny.

70
OTHER VARIANCES
  • EXPERIMENTAL VARIANCE May be awarded to an
    employer participating in OSHA sponsored
    experiments to test effectiveness of new health
    and safety procedures.
  • Variances may also be awarded when in the best
    interest of the countrys national defense.

71
RECORDKEEPING AND REPORTING
  • 29 CFR 1904 provides OSHAs requirement for
    injury/illness occupational recordkeeping.
  • Recent changes have been made to improve this
    process.
  • OSHA log and summary form 200 changed to form 300
  • OSHA form 101 changed to form 301

72
RECORDKEEPING REPORTING
  • OSHA requires reporting injury/illness resulting
    in one of more of the following
  • Death of 1 or more workers
  • One or more days away from work
  • Restricted duty or transfer to another job
  • Loss of consciousness
  • Medical treatment beyond first aid

73
RECORDKEEPING EXCEPTIONS
  • Employers with 10 or fewer employees (full or
    part-time in any combination)
  • Employers in the following categories
  • Real Estate
  • Finance
  • Retail trade
  • Insurance
  • Some SICs are exempt except for fatalities or 5
    or more hospitalizations

74
EMPLOYEE INFORMATION
  • OSHAct requires employees to be informed of
    specific items.
  • OSHA Poster 2203 explains rights and
    responsibilities
  • Summaries of all variances
  • Copies of citations
  • OSHA Log and Summary of Injuries and Illnesses
    (300 Form) post February 1 to April 30 annually.
  • Employee access to medical and exposure
    monitoring records.

75
OSHA Inspections and Enforcement
  • Inspections
  • Imminent danger situations
  • Fatal accidents
  • Employee complaints
  • Planned high-hazard inspections
  • Follow-up inspections
  • Citations and Penalties
  • Other-than-serious violation (7,000 can be
    adjusted down 95)
  • Serious violation (high probability of death
    and/or injury)
  • Willful violation (5,000 to )
  • Repeat violation
  • Failure to abate prior violation
  • De minimis violation (violation to standard with
    possibility of injury)

76
LIABILITY
  • Strict Liability liable for damages by product
    regardless of negligence or fault.
  • Care Reasonable, Great, Slight
  • Ability to Pay Deep pockets
  • Damages financial rewards - Compensatory and
    Punitive
  • Proximate Cause cause of injury
  • Gross Negligence Failure to exercise care
  • Willful/Reckless Conduct
  • Foreseeability person can be held liable for
    actions that result in damage when risks could
    have been reasonable foreseen.

77
CHAPTER 4 REVIEW and DISCUSSION
  • What are the problems, issues with OSHAct and
    OSHA?
  • Why do some employers still not comply with OSHA?
  • Why do employers spend time trying to find
    loopholes instead of just correcting the problem?
  • Why are there so many companies that fail to
    report all of the accidents?
  • What are companies worried about OSHA or
    Lawsuits?
  • REVIEW
  • 1. What is OSHAs mission or purpose?
  • 2. What is the General Duty Clause?
  • 3. What is a vertical vs. horizontal standard?
  • 4. What is a performance vs. specification
    standard?
  • 5. What are the different types of citations and
    violations?
  • 6. Name some rights and responsibilities of
    employees and employers?
  • TERMS
  • De minimis violations, Foreseeability, OSHA Form
    300 and 301, Willful Violation

78
Chapter 5 - Workers Compensation
  • Form of social insurance No fault insurance
  • Prior to WC the English Common Law allowed
    recovery only when the employer was solely
    negligent and only after suits were brought for
    damages.
  • Today, most state require WC as the exclusion
    remedy for job-related injuries.
  • All 50 states have WC laws.
  • OSHA Recordkeeping VS. WC

79
Workers Compensation - Common Elements
  • Victims receive prompt, reasonable and certain
    income and medical benefits without litigation.
  • Negligence and fault are immaterial NO FAULT
    INSURANCE
  • Appeals process exists to resolve disputes
  • Benefits are predetermined.
  • The system includes rehabilitation
  • Enforcement penalties apply to employers who do
    not pay benefits.

80
Common Elements cont
  • Objectives of WC
  • Replacement of Income
  • Rehabilitation of the injured employee
  • Prevention of Accidents (Lower Premiums)
  • Cost Allocation (Spread cost out)
  • Most states set max benefit at 2/3 of the state
    average wages, but some use 100
  • Benefits are tax free.

81
State WC Funds
  • Insurance Companies owned and operated by the
    state.
  • In Texas this is called The Texas Workers
    Compensation Insurance Facility.
  • Covers employers who are unable to get private
    insurance.
  • Type of State Fund
  • Monopolistic - State is the only insurer
  • Competitive - State sells insurance alongside
    the private carriers
  • Texas is a competitive state fund.
  • Self-Insurance
  • Self-insurance allows the company to manage its
    own cases and cash flow rather than contributing
    to an outside company with the associated cost
    burden to do it.
  • Texas allows self-insurance.

82
Benefits
  • Income benefits - Lifetime loss 75 of avg.
    weekly wage for life.
  • Medical benefits
  • Vocational rehab
  • Death benefits - Not more than 2500 burial, 75
    of the deceased average weekly wage.

83
Disability Classifications
  • Permanent Total - 100 disabling such as spinal
    cord injury
  • Temporary Total - back surgery with full
    recovery
  • Permanent Partial - amputation which cannot
    fully recover from
  • Temporary Partial - broken leg allows to perform
    only partial duties

84
Texas WC Benefits
  • Temporary - 104 weeks of benefits
  • Impairment - Permanent damage - 300 weeks of
    benefits
  • Supplemental - Permanent damage benefits after
    impairment - 401 weeks of benefits

85
Other elements of Texas WC
  • must notify employer within 30 days of injury or
    knowing about an illness.
  • must file a claim for compensation within 1 year
  • Insurer not liable for an injury if the person is
    in a state of intoxication or using a controlled
    substance.
  • This is why there are drug tests after injuries.

86
COVERAGE
  • INSURANCE CARRIER IS LIABILE FOR COMPENSATION
    WITHOUT REGARD TO FAULT OR NEGLIGENCE IF
  • EMPLOYEE IS SUBJECTED TO THIS ACT AT TIME OF
    INJURY
  • 1) INJURY ARISES OUT EMPLOYMENT (AOE)
  • 2) IN THE COURSE OF EMPLOYMENT (COE)
  • 3) SCOPE OF EMPLOYMENT (SOE)
  • IF OCCUPATIONAL DISEASE -
  • EMPLOYER WHERE LAST EXPOSED

87
EXCEPTIONS
  • INSURANCE CARRIER IS NOT LIABLE FOR COMPENSATION
    IF
  • STATE OF INTOXICATION
  • EMPLOYEES INTENTION TO INJURE HIMSELF OR
    ANOTHER PERSON
  • EMPLOYEES HORSEPLAY CAUSED INJURY
  • THIRD PERSON INTENDED INJURY TO EMPLOYEE
    (PERSONAL REASONS)

88
EXCEPTIONS CONT
  • VOLUNTARY PARTICIPATION IN AN OFF-DUTY
    RECREATIONAL, SOCIAL OR ATHLETIC ACTIVITY
  • ACT OF GOD UNLESS EMPLOYMENT EXPOSES EMPLOYEE
    TO A GREATER RISK OF INJURY THAN GENERAL PUBLIC
    (shutting down plant for hurricane)

89
CHAPTER 5 REVIEW and DISCUSSION
  • What are the problems with Workers Compensation?
  • Why do people sue instead of taking the Workers
    Compensation payments?
  • How can the Workers Compensation get better?
  • How can the system reduce some of the false
    claims?
  • REVIEW
  • 1. What are the objectives of Workers
    Compensation?
  • 2. Explain the concepts of AOE and COE?
  • 3. Explain the four disability classifications?
  • TERMS
  • Private insurance, Self-insurance

90
Learning ObjectivesPart 1 Accidents and OSHA
Standards
  • Understand the History and Purpose of Safety and
    Health Programs (Accident Prevention Programs)
  • Understand the goals of OSHAct and OSHA
  • Understand the Effects of Accidents and Accident
    Theories
  • Understand the Need for Workers Compensation
    Insurance

91
Questions - Summary - TEST
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