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OSHA
OSHA test 2
102
Engineering
Undergraduate 4
11/04/2010

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Term
OSHRC
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)
Term
Problems with OSHA
Definition
An overbearing bureau with little or no sensitivity to the needs of employers. After major accidents “why didn’t osha prevent this?”
Term
Form 300
Definition
log of work related illness or injuries
Term
Form 300A
Definition
summary of work related injury and illness
Term
Form 301
Definition
injury or illness incident report
Term
OSHRC
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)
Term
Problems with OSHA
Definition
An overbearing bureau with little or no sensitivity to the needs of employers. After major accidents “why didn’t osha prevent this?”
Term
Form 300
Definition
log of work related illness or injuries
Term
Form 300A
Definition
summary of work related injury and illness
Term
Form 301
Definition
injury or illness incident report
Term
Requirements of recordkeeping
Definition
More than 10 people - Must enter each recordable case on the forms within 7 calendar days of receiving info
Term
exemptions of recordkeeping
Definition
partial, size, industry
Term
partial
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
Term
size
Definition
10 or fewer during the last calendar year; Include temps supervised on a day to day basis
Term
industry
Definition
All industries in agriculture, construction, manufacturing, transportation, utilities, and wholesale are covered; In retail and service sectors some industries are partially exempt
Term
osha injury and illness recordkeeping 5 step process
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
Term
1904.50
Definition
significat aggravation; exceptions; travel status; work at home
Term
significant aggravation
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
Term
exceptions
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
Term
travel status
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
Term
work at home
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
Term
general recording criteria
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
Term
days away cases
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
Term
restricted work cases
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
Term
restricted work activity exists if employee is:
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
Term
a cause is not recordable if:
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.
Term
job transfer
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
Term
medical treatment
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)
Term
privacy protection
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)
Term
annual summary
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
Term
a company executive must certify the summary
Definition
An owner; An officer;The highest ranking company official working at the establishment or their supervisor
Term
retaining and updating
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
Term
4 main objectives of WC
Definition
replacement of income; rehabilitation, accident prevention; cost allocation
Term
replacement of income
Definition
Replace income at current plus future minus taxes at a ratio of 2/3
Term
rehab
Definition
Provide the needed medical care at no cost to the injured employee until he is pronounced fit to return to work
Term
accident prevention
Definition
Employers will invest in accident prevention programs to help hold down compensation costs
Term
cost allocation
Definition
To spread the cost of wc among industries (High risk industries pay more)
Term
WC benefits are owed if injury
Definition
arises out of employment (AoE) or occurs in course of employment (CoE)
Term
WC coverage
Definition
80% of workers in US are covered, no WC at federal level
Term
WC does not cover
Definition
Agricultural workers; Domestics employees; Casual employees; Hazardous work employees; Charitable religious employees; Small organization; Railroad and maritime; Contractors and subcontractors; Minors ; Extraterritorial employees
Term
types of WC insurance
Definition
state funds; private insurers; self insurance
Term
state funds
Definition
For employers undable to find wc coverage in voluntary market – costs a lot more
Term
private insurers
Definition
standard markets
Term
self insurance
Definition
Setting aside funds in anticipation of wc claims rather than purchasing insurance; Many small businesses form groups
Term
6 methods for insurance premium rates
Definition
schedule rating; manual rating; experience rating; retrospective rating; premium discounting; combos
Term
schedule rating
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
Term
manual rating
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
Term
experience rating
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
Term
retrospective rating
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
Term
premium discounting
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
Term
4 types of comensable injuries in relation to benefits in AR
Definition
permanent total disability; temporary total disability; permanent partial disability; temporary partial disability
Term
permanent total disability
Definition
Worker is no longer able to work even after medical treatment or rehab; For duration
Term
temporary total disability
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
Term
permanent partial disbaility
Definition
A permanent loss of work capacity but the worker is still able to work; At 2/3 for 450 weeks
Term
temporary partial disbability
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
Term
3 theoretical approaches to permanent partial disability
Definition
whole person theory (employee best, employer worst); wage loss theory; loss of wage earning capacity theory
Term
whole person theory
Definition
What the worker is capable of doing after recuperation is subtracted from what he could do before; The difference is the disability
Term
wage loss theory
Definition
Wages actually being earned are subtracted from wages the worker could have earned ; The compensation is a percentage of the difference
Term
loss of wage earning capacity theory
Definition
A determination is made on how much an employee could have made; The compensation is a percentage of the difference
Term
what is workers compensation?
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
Term
who is covered?
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.
Term
3 exceptions to the specific incident and time and place requirements
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.
Term
when is coverage effective?
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.
Term
what are the benfits?
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.
Term
Rationale for OSH act 1970 and its four major categories
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

Term
Four major categories are:
Definition
-General industry (29 CFR 1910)
-construction (29 crf 1926)
-maritime (29 cfr 1915-1919)
agriculture (29 cfr 1928)
Term
3 origins of osha
Definition
-consensus
-propriety
-pre existing fed laws
Term
consensus standards
Definition
-developed by industry wide standards developing organization
-through consensus by industry
-ex: ANSI 56.1-1910.178 std. for powered industrial trucks
Term
propriety
Definition
-prepared by pro experts within specific industries, pro societies and associations
-determined by membership vote
-ex compressed gas associated
Term
preexisting fed laws
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)
Term
horizontal standards
Definition
general, apply to any employee, standards relating to fire protection or first aid
Term
vertical standards
Definition
particular, relevant only to particular industry, long shoring (1918) construction industry (1926)
Term
how to rea and osha standard
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)
Term
osh act coverage
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)
Term
osha who isnt covered
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
Term
osha approved state program
Definition
ark department of labor has its own law that is not OSHA approved
Term
5 reqmts of developing state level osha program
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
Term
general duty clause
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
Term
osha criteria for issuing a gdc citation
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
Term
osha inspection priorities
Definition
Term
imminent danger situation
Definition
(first) where there is reasobale certainty that an employee is exposed to a hazard likely to cause death or immediate serious physical harm
Term
catastrophes and fatal accidents
Definition
second- if three or more employees are hospitalized or if an employee is killed, osha must be notified within eight hours
Term
employee complaints
Definition
third- aligning violations of standards or of unsafe or unhealthy working conditions
Term
programmed high standard inspection
Definition
fourth- aimed at specific high hazard industries, occupations, or health substances
Term
follow up inspections
Definition
fifth- used to determine if previously cited violations have been corrected
Term
examples of osha imspection (can or cant)
Definition
Term
osha inspection process
Definition
-opening conference
-document reviewed
-safety inspection and walk through
-closing conference
Term
opening conference
Definition
-explains purpose and scope
-employer provides a representative to accompany inspector
Term
document reviewed
Definition
-osha 300 log and 301 forms
-osha poster
-safety programs
-mechanical power press maintenance and inspection records
Term
safety inspection and walk through
Definition
-examines site, processes, operations, equipment, machines, devices, etc for osha compliance
Term
closing conference
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
Term
citations and penalties
Definition
-willful violation
-serious violation
-other than serious violation
-repeated violation
Term
willful violation
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
Term
serious violation
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
Term
other than serious violation
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
Term
repeated violation
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
Term
appeal process
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
Term
standing committee
Definition
-national advisory committee on occupatinal safety and health (NACOSH)
-advisory committee on construction safety and health
Term
special ad hoc committee
Definition
NACOSH-secretary of health and human services, secretary of labor)
Term
OSHA
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
Term
NIOSH
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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