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SAFE 541 Class 4

SAFE 541 Class 4. Spring 2012. Objectives. Describe the uses for accident report forms in the accident investigation process Describe the various laws that impact accident record retention in the workplace. Develop an appropriate record retention policy for an organization. Question?.

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SAFE 541 Class 4

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  1. SAFE 541 Class 4 Spring 2012

  2. Objectives • Describe the uses for accident report forms in the accident investigation process • Describe the various laws that impact accident record retention in the workplace • Develop an appropriate record retention policy for an organization

  3. Question? • How many of you are responsible for accident reporting/ recording? • Yes • No X

  4. Participation Opportunity • Reporting v. Recording • What are the differences between the above terms? • Forms • Compliance/legal • Timeliness

  5. Types of Accident Reporting Forms • Treatment • beyond first aid • nature of the injury • subsequent treatment • Insurance • Can be same as report form • Statistical reporting • Cumulative info • Struck by, struck against • Legal • Longer wait increased chance of litigation • See PA 1st report of Injury

  6. Participation Opportunity Why might a policy holder tell me they wait to submit a claim (their reasoning for waiting) ? • Why would it be advised to report claim ASAP?

  7. Timely reporting • Avoid state imposed penalties • Enhance medical care process • Mitigate lost time and aid speedy recovery • Reduce litigation activity and costs • Claim increased 30% every 10 days of delay • 2 week delay increased average claim $8000 • Improve employee/ employer relations http://www.hanover.com/cmi/resources/pdf/RapidReportingWC.pdf http://www.corvel.com/compInsights/media/Report_EarlyIntervention_Advocacy247_November_2010.pdf

  8. Examples of Accident Reporting Guidelines and An AI form • http://www.ohiocasualty-ins.com/omapps/ContentServer?c=folder_Parent&pagename=OhioCasualty%2Ffolder_Parent%2FamFlexFolderTemplate&cid=2237826736736 • http://www.obfs.uillinois.edu/risk/workers-compensation/reporting/

  9. OSHA • At the end of each calendar year:       (1) Review the OSHA 300 Log • verify that the entries • complete and accurate • correct any deficiencies identified       (2) Create an annual summary of injuries       (3) Certify the summary; and      (4) Post the annual summary. http://www.osha.gov/recordkeeping/handbook/index.html#1904.32_1

  10. OSHA Recording Forms • Partially exempt • http://www.osha.gov/recordkeeping/ppt1/RK1exempttable.html • Hardware Stores • Meat and Fish Markets • Dairy Products Stores http://www.osha.gov/recordkeeping/RKforms.html

  11. OSHA continued Medical Records Monitoring Environmental tests Grab Biological monitoring Blood lead levels • Exposure and medical records • Physicals (keep separate from employment records) Others- • Needle sticks & sharps • Hearing loss • TB • Vaccines (as treatment)

  12. OSHA Reporting Requirements Annual Survey/ ODI Electronic Emphasis on better data http://www.osha.gov/OshDoc/Directive_pdf/CPL_02_10-07.pdf OSHA Data Initiative (ODI) http://www.osha.gov/recordkeeping/odi-background.html • requests the totals from the selected establishment's 2009 Summary of Work-Related Injuries and Illnesses (OSHA No. 300A), as well as information about hours worked and employment at the establishment. http://www.osha.gov/recordkeeping/data-form.html

  13. Age of Majority • The age at which a person, formerly a minor or aninfant, is recognized by law to be an adult, capable of managing his or her own affairs and responsible for any legal obligations created by his or her actions.

  14. Age of Majority • bound by any • contracts, • deeds • legal relationships, • such as marriage, • Most states 18 y/o • may vary depending upon the nature of the activity in which the person is engaged. • In the same state the age of majority for driving may be 16 while that for drinking alcoholic beverages is 21 • Federal 18 to vote 26th Amendment How can it impact your records retention?

  15. Record Retention • Varies by state • When statute of limitations expire from the loss • State of IN injury claims have statute of limitations of 2 years • 6 years for real property damage. • If a minor 2 years past majority. (The Liberty Group Claims, S. Deig personal interview) • OSHA • You must save the OSHA 300 Log, the privacy case list (if one exists), the annual summary, and the OSHA 301 Incident Report forms for five (5) years following the end of the calendar year that these records cover.

  16. http://apps.americanbar.org/buslaw/newsletter/0021/materials/recordretention.pdfhttp://apps.americanbar.org/buslaw/newsletter/0021/materials/recordretention.pdf

  17. Conclusions • Describe the uses for accident report forms in the accident investigation process • Describe the various laws that impact accident record retention in the workplace • Develop an appropriate record retention policy for an organization

  18. Some sources to consider • Evaluating your loss runs http://www.impomag.com/scripts/ShowPR.asp?RID=12227&CommonCount=0 • http://www.workcompprofessionals.com/articles/004.pdf • Hints for claims • http://www.ohiocasualty-ins.com/omapps/ContentServer?c=folder_Parent&pagename=OhioCasualty/folder_Parent/amFlexFolderTemplate&cid=2237826736736

  19. OSHA Recordkeeping https://www.osha.gov/recordkeeping/index.html • Age of Majority http://www.nebarfnd.org/age-of-majority

  20. Questions & Comments

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