HSC 382 Exam 4 Study Guide
HSC 382 Exam 4 Study Guide HSC 382
Popular in Improving Safety Performance
Popular in Nursing and Health Sciences
This 12 page Study Guide was uploaded by Helpful on Sunday May 1, 2016. The Study Guide belongs to HSC 382 at Illinois State University taught by in Spring 2016. Since its upload, it has received 8 views. For similar materials see Improving Safety Performance in Nursing and Health Sciences at Illinois State University.
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Date Created: 05/01/16
Worker’s Compensation Before Workers Comp: - Common law rules applied - Workers had to sue employer and prove negligence to get any damages from work related injuries. Assumption of Risk: The injured worker could not collect if the employer could prove that the worker had knowledge of inherent job hazards, and chose to do the work anyway. Contributory Negligence: If the employee contributed in any way to the accident, they would not be allowed to collect anything. Fellow Servant Rule: The employer would not be held responsible for any actions of their employees which caused injury to any other employees. Employers had the Advantage: - Lawsuits extremely slow and expensive - “Unholy Trinity of Defenses” - employers required “Death Contracts” Worker’s Compensation Laws: - 1911 Wisconsin became first US state to pass laws - Occurred after the Triangle Shirt Waste Fire - 1948 Mississippi last state - The Great Trade: o Workers: Gave up the right to sue No longer had to prove negligence o Employers: Had to pay for injuries regardless of fault Could not be sued by employees Worker’s Comp Objectives: - Provide prompt payments o Medical bills, payment for lost income, income benefits to dependents - Provide a single remedy o Eliminates the need for costly & lengthy lawsuits & other court proceedings - Relieve public charities of costs o Before laws, victims of industrial accidents & their families had to rely on charity - Provide medical care & rehabilitation - Encourage safety o Applying insurance rate incentives, workers’ compensation encourages employer led safety activities - Reduce lawsuits o Frees up courts for other cases, and reduces the resources spent on attorney fees Benefits: - Medical Care o Unlimited medical care for covered injuries or illnesses o Choice of doctor Some states allow the employee/company to pick the doctor - Disability Income o Based on % of weekly wage o Temporary Total: Employee unable to return to work, but the condition is not permanent. o Permanent Total: Employees are never able to return to work after a covered injury/illness they receive an award settlement based on the projected amount of lost wages over the employee’s working life. o Temporary Partial: Employees are able to work, but not at full capacity. o Permanent Partial (settlement): Lost the use of a limb or some other body part. o Second Injury Funds State run funds to pay the extra work comp benefits for “second injuries” Allows disabled workers to continue employment - Death Benefits o Burial allowance o Weekly income to survivors Portion of workers wages to spouse, children Lump sum payments allowed - Rehabilitation Services Workers Comp Insurance: - Employer buts insurance policy or self-insures - Premium determined by: o State, classification of business, payroll for each classification - Experience modifier o Rating factor based on previous 3 years claims o (basic premium X experience modifier) = premium o Heavily influenced by frequency o Large claims are capped @ $50,000 or $100,000 Example: A machine shop in IL has $500,000 in machinist payroll and $100,000 in office payroll with an experience modifier or 1.15 - $7.55 per $100 payroll for machine shops - $0.35 per $100 payroll for office Machinist: ($500,000/100) X $7.55 = $37,750 Office: ($100,000/100) X $0.35 = $350 = $38,100 Modifier = 1.15 Final = $43,815 Workers Comp Challenges: - work comp “crisis” - State political issues o Worker’s comp costs often a key factor in determining a states business climate o Influences business decision Locate in a state, remain in a state o Political influence on the process Appeals are handled by “arbitrators” not judges Arbitrators often political appointees o Different rates between states - Increased Attorney Involvement - Increased Fraud o Individual fraud, medical providers, arbitration system, fraud investigation (surveillance, social media checks) - Medical Costs o The majority of costs Increased costs of procedures and increased diagnostic procedures o Medicare now asking worker’s comp carriers to repay costs o Fee schedules Safety Professionals & Worker’s Comp: - Encourage reporting culture (early reporting is essential) - Accident Investigations o Safety professional’s investigation is a key factor o Verifies conditions, witnesses, injuries at the time o Facts may “change” later o Get signed statement in employee’s words o Corrective actions o Provide photos & assessments o Partner with HR, Medical Motor Vehicle/Fleet Management Driving Safety Regulations & Standards: - OSHA (No specific standard) - National Highway Traffic Safety (NHTSA) & Network of Employers for Traffic Safety (NET) o Non-mandatory publication, “guidelines for employers to reduce motor vehicle crashes” - Department of Transportation (DOT) o Safety Management Cycle o Commercial Vehicles - ANSI Z-15 (“Safe Practices for Motor Vehicle Operations”) o Management, leadership & administration o Operational environment, driver management, vehicle management, incident reporting and analysis o Performance rather than specification standard o Left column/requirements o Right column/explanatory Management, Leadership, Administration: - Management commitment - Formalized program - Assign responsibility & accountability - Preferred program elements, organizational responsibilities, and compliance management obligations Operational Environment: - Occupant Restraints (seatbelts) - Impaired, Distracted, Aggressive driving - Journey management (hazards/risks of the territory traveled) - Fatigue management Driver Management: - Driver Qualifications o Basic driving requirements, types of driver’s license needed - Background Checks o Motor vehicle record (MVR) reviews o Previous employer reference checks - Driver Management o Training Vehicle Management: - Vehicle selection, periodic inspections, maintenance schedule - Vehicle modifications o Don’t create unsafe conditions/impair functions Incident Reporting & Management: - Drivers report all incidents - Reviewed for causal factors o A unique aspect of fleet incident review is the determination of preventability - Preventable Accident: One where the driver failed to take every reasonable precaution to avoid the crash. DOT Federal Motor Carrier Safety Regulations (FMCSR): - Only applies to commercial vehicles - Commercial Vehicle: o Has a gross vehicle weight rating or 10,001 pounds or more o Is designed or used to transport more than 8 passengers (including drive) for compensation; or more than 15 passengers for any reason o Is used in transporting hazardous materials in a quantity that requires placarding DOT Requirements: - DOT Number o Unique identifier for the company, and must be displayed on all commercial vehicles - Commercial Driver’s License o Drivers of certain commercial motor vehicles over with a gross vehicle weight over 26,000 lbs. or carrying over 16 passengers - Hours or Service o Log book (electronic beginning in 2017) - Medical Screening o At least every 2 years o Random drug/alcohol screening DOT Enforcement: - Enforced through state highway patrols o Traffic stops, weigh station reviews, accident investigation - Compliance, Safety, Accountability (CSA) Program o Monitors drivers & fleet operators CSA Categories: - Behavior Analysis & Safety Improvement Categories (BASIC) o Unsafe driving o Hours of service compliance o Driver fitness o Controlled substance/alcohol o Vehicle maintenance o Hazardous materials compliance CSA Rankings: - Inspection, violation and crash history results are classified into BASIC categories o Time-weighted, severity weighted o Compared to similar sized carriers to calculate a percentile rank - Percentile scores are updated monthly & published on DOT website - Each category has specific intervention threshold Behavior & Culture Swiss Cheese Model: - The holes are weaknesses in the overall safety system - Incidents occur because risky behavior continues, and cannot be stopped by all controls. ABC Model of Behavior: - A = antecedent: Anything that precede the behavior and influence it. (signs, warnings, internal rules, policies, regulations and safety training) (can be important, but lose effect over time) - B = Behavior - C = Consequences: Happens after the behavior & influence whether the behavior happens again. o Right consequence has lasting, positive influence o Wrong consequence weakens chance of behavior being repeated o Timing & certainty influence the effect - Effects of Consequences: o Positive reinforcement generates the most repeated behavior o Behavior without any reinforcement eventually stops o Behavior that’s published will stop, but comes back if threat of punishment goes away o Punishment has negative side effects - Timing & Certainty of Consequences o Immediate & Certain Consequence is great o Uncertain & Delayed Consequence is small o Size doesn’t matter: Large consequence that is viewed as uncertain doesn’t affect behavior much as a small immediate consequence Serious injury vs. PPE Organizational Culture: - The personality of the company - Tells people how to do their work (what to do; what not to do) o New employees learn very quickly - Leadership sets the tone Safety Culture: - Management & employee attitudes - Policies & Procedures - Supervisor Priorities - Production & Profit Pressures - Actions to correct unsafe behaviors - Employee training & Motivation - Employee buy-in - OSHA: Safety cultures consist of shared beliefs, practices, and attitudes that exist at an establishment. Culture is the atmosphere created by those beliefs, practices, and attitudes, which shape our behavior. Perception Surveys: - Safety Perception Surveys: The most common tool used to measure safety culture. - Standardized questionnaires that measure employee perceptions on: o Management commitment to safety o Supervisor’s support for safety o Employee participation in safety o Safety tools and resources Administering Perception Surveys: - Senior management must support - All levels of the organization must participate - Participation should be voluntary - Individual responses must be confidential - Employees have the right to see results - Results source for improvement, not criticism Selecting a Perception Survey: - Valid: Measure what you intend to measure. Formal validation process for results to be useful. - Accurate: - Precise: Building Safety Culture: - Leadership o How & what they communicate o Make sure they’re sending the right message - Systems o OHSMS elements o Set of safety rules, procedures, and practices - Behavior o Learn why risky behaviors occur - Employee Engagement o Involved with developing policies & procedures o Solicit advise - Person states o Internal personal factors (empowered, belonging) - Conditions o Traditional physical & environmental conditions Leadership Communication: - Polarity in Communication o Polarities are where two choices appear to be “either/or”, but are, in fact, independent. - Emphasize relationships, not rules o Ability: They are competent in what they do o Benevolence: they will act on behalf of others o Integrity: they act according to an acceptable set of principles Behavioral Safety Process: - Goals o Change behavior o Reduce at-risk behaviors - Common elements o Identify at-risk behaviors First step in implementing BBS is to create a list of key at risk behaviors Accomplished by analyzing incident/accident reports, job hazard analyses, interviewing employees o Conduct observations Conducted by co-workers and supervisors Employees are observed performing various work tasks, and the number of safe behaviors and at-risk behaviors are recorded. o Provide feedback Benefits of Behavioral Based Safety: - Reduced injury rates - At risk behaviors decline and employees feel more involved in the safety process - Regular observations are seen as less intrusive and as part of day to day operations - Observation results are a predictor of injury and accident trends, measure safety performance Limitations of Behavioral Based Safety: - Without union support, behavior based safety will not work - Viewed as a way to blame workers and further erode management/labor relations The Law & Legal Process Sources of Law: - Statutes: An act of a legislature that becomes law o Can only be passed by legislative bodies (congress, state legislatures) - Regulations: Rules or other directives issued by governmental agencies within their granted authority o Issued by agencies to carry out the intent of the law passed by the legislative body. - Rules/Rulemaking: A defined process used by agencies to produce rules or regulations o The process used to create regulations - Common Law: A system of law that is based on a series of court decisions rather than legislative produced laws. (also called “case law”) o Court decision that further interpret original laws & set new standards for what the law means o Precedence: Previously decided court cases which can be used as a reference in current cases. (Judges are required to consider previous ruling from their same circuit, can set new precedence with their own ruling) o Relationship between individual and/or organizations o One party files lawsuit against the other for personal damage or property damage. o The injured party must prove their case o Burden of Proof/Preponderance of Evidence: A degree of proof where the facts at issue are more probable than not. o Negligence: Failure to exercise a degree of care that a reasonable prudent person would exercise under similar circumstances Criminal Cases: The prosecution must prove that the defendant is guilty “beyond a reasonable doubt” Lawsuits: The level of proof is not as strict. The plaintiff only has to prove that the preponderance of evidence shows that defendant is responsible The Litigation Process: - Lawsuits o Plaintiff: The party who brings suit & seeks a remedy in the courts o Defendant: The party who is sued & is required to defend a complaint made by another party o Pleading: Statements which form the plaintiff’s cause of action against the defendant. - Safety Professionals role – Not likely to be a named defendant. More likely to be a WITNESS. o The Process: Plaintiff files pleading (what they are seeking… Damages, relief from something) Court issues summons to defendant (copy of complaint & time to appear) Defendant files answers Discovery: - Parties seek to gather information & evidence about the case - Allows parties to gather facts held by the other party, interview potential witnesses and evaluate the strength of their case. o Deposition: A form of discovery where a witness provides sworn oral testimony in the presence of attorneys & a court reporter. Gather information (the only way opposing counsel can speak to you to find out what you know about the case) Evaluate Witness Credibility (Opposing attorney evaluating what kind of witness you would be at a trial) Lock in Testimony (Opposing attorney can use deposition testimony to try to discredit you at trial) Deposition is important because it is most likely the only time safety professionals will be sworn in for testimony. o Interrogatory: A form of discovery where written questions are served to another party requiring their written reply under oath. o Privileged Information: Is protected & can be kept out of the discovery process & out of any trial. o Attorney-Client Privilege: Confidential communications between a client and the attorney that is protected from disclosure to the other party. - Discovery tools o Interrogatories – written questions o Physical & mental examinations o Inspections o Request to produce (stored information & documents) o Depositions Surviving a Deposition: - Preparation - Deposition Performance - Tell the Truth Briefly o Answer only what is asked - Listen & Understand o Collect your thoughts - Pause Before Answering - Remain Calm Expert Witness: - Provides specialized explanations or opinions on technical matters o Helps the court understand evidence or understand facts o Federal rules of evidence set out criteria for expert witnesses o Consulting Expert: Help attorneys understand their case & prepare for trial o Testifying Expert: Appear in court & give opinions OSHA Legal Background: - Statute – Williams – Steiger OSH Act of 1970 - Authorizing the Secretary of Labor to set mandatory occupational safety & health standards applicable to businesses affecting interstate commerce, and by creating an Occupational Safety & Health Review Commission for carrying out adjudicatory functions under the Act. - Required Secretary of Labor to: o Develop regulations that carry the power of law within 2 years o Use existing consensus standards if applicable o Follow a defined process in developing new rules OSHA Rulemaking Process: - Notice of proposed rule o Published in the Federal Register o Comment period offered to: Comment, offer amendments, object to the rule - Comments & hearings o Public comment period o Employers, labor groups, can provide written comments o 90 days to present comments o legal counsel & business groups can present on behalf of others o OSHA reviews comments o After reviewing, OSHA can call for public hearings o Participants must file a “Notice of Intention to Appear” - Final action o After reviewing comments, and hearing testimony, OSHA analyzes comments & can: Issue a final rule, withdraw the rule, do nothing o Rules Issues: Final rule published in the Federal Register, Code of Federal Regulations (CFR) The regulation preamble provides insights & background information Establish effective dates
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