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030: Is that Injury/Illness Work-Related?

030: Is that Injury/Illness Work-Related?

FromThe Safety Pro Podcast


030: Is that Injury/Illness Work-Related?

FromThe Safety Pro Podcast

ratings:
Length:
36 minutes
Released:
Jan 23, 2018
Format:
Podcast episode

Description

Powered by iReportSource As we know, the language of the OSH Act limits the recording requirements to injuries or illnesses that are "work-related." The Act uses but does not define, this term. OSHA has interpreted the Act to mean that injuries and illnesses are work-related if events or exposures at work either caused or contributed to the problem. Work-related injuries or illnesses may (1) occur at the employer's premises, or (2) occur off the employer's premises when the employee was engaged in a work activity or was present as a condition of employment. What most people would read under paragraph 1904.5(b)(1), is the "work environment" means "the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations but also equipment or materials used by the employee during his or her work." Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment. Mainly, there must be a causal connection between the employment and the injury or illness before the case is recordable. There are some exceptions. These exceptions help us to better understand what WOULD be recordable. So let’s go thru the exceptions: Injuries or illnesses will not be considered work-related if they involve symptoms that surface at work but result solely from a non-work-related event or exposure that occurs outside the work environment. OSHA's recordkeeping system is intended only to capture cases that are caused by conditions or exposures arising in the work environment. It is not designed to capture cases that have no relationship with the work environment. For this exception to apply, the work environment cannot have caused, contributed to, or significantly aggravated the injury or illness.  An example of this type of injury would be a diabetic incident that occurs while an employee is working. Because no event or exposure at work contributed in any way to the diabetic episode, the case is not recordable. This exception allows the employer to exclude cases where an employee's non-work activities are the sole cause of the injury or illness. The exception was included in the proposal, and OSHA received no comments opposing its adoption. Injuries and illnesses will not be considered work-related if they result solely from voluntary participation in a wellness program or in a medical, fitness, or recreational activity such as blood donation, physical, flu shot, exercise classes, racquetball, or baseball. This exception allows the employer to exclude certain injury or illness cases that are related to personal medical care, physical fitness activities, and voluntary blood donations. The were here are "solely" and "voluntary." The work environment cannot have contributed to the injury or illness in any way for this exception to apply, and participation in the wellness, fitness or recreational activities must be voluntary and not a condition of employment. This exception allows the employer to exclude cases that are related to personal matters of exercise, recreation, medical examinations or participation in blood donation programs when they are voluntary and are not being undertaken as a condition of work. For example, if a clerical worker were injured while performing aerobics in the company gymnasium during his or her lunch hour, the case would not be work-related. On the other hand, if an employee who was assigned to manage the gymnasium was injured while teaching an aerobics class, the injury would be work-related because the employee was working at the time of the injury and the activity was not voluntary. Similarly, if an employee suffered a severe reaction to a flu shot administered as part of a voluntary inoculation program, the case would not be considered work-related. However, if an employee suffered a reaction to medications administered to enable the employee to travel ov
Released:
Jan 23, 2018
Format:
Podcast episode

Titles in the series (100)

The SafetyPro Podcast, helping you manage safety one episode at a time. With the constant regulatory and workplace culture challenges businesses face, we’ll provide you with all the relevant information necessary to achieve a safer, more productive workplace. No management theory, platitudes, or guru speak - just actionable info you can use right now.