Suppose you are a construction site worker hospitalized after being struck by a falling object. You suffer several fractures, which will have you taking time off work to recuperate. What would your options be?
The Occupational Safety and Health Administration (OSHA) requires employers to recognize and find solutions for workplace safety hazards.
Your employer could be legally responsible and be subject to workers’ comp claims if they overlooked worker safety.
This post will shed light on OSHA workplace injury and safety standards. Read on to learn more.
What Is OSHA?
The Occupational Safety and Health Administration (OSHA) is a regulatory body that works under the U.S Department of Labor.
The agency was formed after passing the Occupational Safety and Health Act (OSH Act) in 1970 to foster safe working conditions as a fundamental human right.
Back then, OSHA and the OSH Act looked like historic reforms. That’s because there were no laws or safety protocols to address the issue of workplace safety.
By1970, approximately 14,000 workers would die yearly, while 2 million had severe injuries or illnesses. However, OSHA has since reduced work-related injuries, conditions, and deaths.
At the same time, it has doubled employment to 146 million employees in more than 10 million job sites.
About 5,250 workers died at the workplace in 2018. This translates to 14 workers per day, compared to 38 per day in 1970. Severe injury rates have decreased from 10.9 per 100 workers in 1972 to 2.8 per 100 workers in 2018.
What Does OSHA Do for Workplace Injuries?
The OSH Act applies to almost all private employers and employees in U.S states and territories.
Within these jurisdictions, OSHA serves to ensure safe working conditions by formulating standards and offering training, education, and support.
OSHA focuses on several vital areas touching on employers and workers.
Employer Requirements
- Providing employees with a hazard-free workplace
- Complying with OSHA safety and health standards
- Making appropriate PPE available for workers and providing safety training
- Keeping accurate injury and illness records and performing tests
- Notifying OSHA of workplace fatalities and injuries promptly
Workers’ Rights
- Filing OSHA complaints or complaints for retaliation confidentially
- Taking part in OSHA inspections
- Receiving information and training about workplace hazards and OSHA standards
- Receiving records of injuries and illnesses on their work sites
Generally, OSHA’s role is to protect workers’ rights. It creates standards and guidelines that employers and workers must follow to prevent and reduce workplace injury incidents.
What Is the Most Common Injury?
Workplace injury and fatality rates have reduced over the years thanks to increased health and safety procedures.
As mentioned earlier, occupational deaths have decreased from 38 per day to 15 per day between 1970 and 2019- though there’s much to do to reduce the number.
So then, what is the most prevalent workplace injury, according to OSHA?
1. Slips, Trips, and Falls
The most common injury results from slips, trips and falls. These top the Fatal Four list by OSHA, accounting for a third of personal injuries.
The injuries occur when a worker:
- Slips on wet, oily, or icy floors
- Trips due to clutter, uneven surfaces, or poor lighting
- Falls off ladders, roods, or skyscraper construction sites
Slips, trips, and fall injuries, though so common, are preventable. Workers can avoid them by being aware of their surroundings and following OSHA fall protection requirements.
2. Struck-By Injuries
At some point, we have all walked into a counter’s sharp edge or jarred into a wall. But when working in a high-risk environment, the injury can be so severe.
Being struck by an object at work can lead to severe traumatic head injuries, broken bones, stress fractures, and blindness.
OSHA’s Fatal Four reveals that these injuries account for 10.1 percent of worker deaths. Yet they are preventable. OSHA has established procedures and recommended PPE that people can use to prevent these unnecessary hazards.
3. Overexertion and Repetitive Stress Injuries
Musculoskeletal disorders are the costliest workplace injuries. Back pain complaints cost employers up to 7 billion USD and lead to 100 million lost workdays yearly.
The financial impact is one thing, but the long-term effect on workers can be severe and potentially debilitating. RSIs and overexertion injuries account for nearly 33% of workplace injuries.
These types of injuries result from:
- Improper lifting of heavy objects
- No breaks when doing repetitive work
- Intensive typing/keying
The solution to these injuries is simple- ergonomics! Ergonomics refers to adjusting your job to fit your body’s needs. You can check out OSHA’s ergonomics training to learn more about it.
4. Vehicle-Related injuries
The presence of any vehicle brings with it the potential for accidents. A worker can be struck or run over by a car, fall from a vehicle, or be attacked by objects falling from a vehicle.
Motor vehicle accidents usually result in severe injuries to the head, spine, internal bleeding, or even death.
If you operate any motorized vehicle, make sure to fasten your seatbelt and take proper safety measures established by your employer.
5. Fire and Explosions
Fires and explosions can burn and cause damage to your body tissues, respiratory system and yield potential disfigurement. While this injury is not so common, it has some of the highest casualty rates.
There are four categories of injuries from explosions:
- Primary blast- Injuries caused by the blast waves from high-order explosions
- Secondary blast- Injuries resulting from flying objects or debris displaced by the blast wind
- Tertiary blast- Injury from displacement through the air or the collapse of a structure.
- Quaternary blast- All other injuries, including burns, radiation, and inhaling toxic substances.
To prevent these injuries, ensure you and your co-workers follow OSHA Hazard Communication Standard (HCS), wear the right PPE, and maintain chemical safety data sheets.
Who Is Responsible for Reporting an Illness or Injury to OSHA?
Are you familiar with OSHA reporting requirements, or will you assume you are exempt if a severe injury or fatality occurs on the job? Who is responsible for reporting a workplace injury or illness to OSHA?
Here’s what you should know to prepare for an incident.
All employers are expected to report work-related fatalities and severe injuries to OSHA. That means reporting recordable workplace incidents within set timelines.
Work-related fatalities should be reported within 8 hours. On the other hand, serious injuries should be reported to OSHA within 24 hours.
Examples of serious injuries are:
-
In-Patient Hospitalization
This includes any formal admission to a hospital’s in-patient service or treatment. Remember, hospitalization does not necessarily mean staying overnight. The event must be reported if an employee is admitted for in-patient treatment.
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Employee Amputation
An amputation is a traumatic loss of a limb. Amputation can be complete or partial – where a body part is severed or cut off (with or without bone loss) or medical amputations due to irreparable damage.
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Employee Loss of an Eye
This is self-explanatory. If a worker loses an eye in a workplace accident, the employer is obligated to report the incident to OSHA within 24 hours.
Employees, too, have a right to report workplace injuries. Generally, employers should have a system allowing employees to report work-related injuries.
But if a system is not established or an employer obstructs the process, workers can report directly to OSHA.
Are There Penalties for Not Reporting Injuries to OSHA?
When someone is killed or severely injured in their place of work, the incident should be reported to OSHA.
Most employers are aware of this. Yet, OSHA workplace injury reporting requirements are sometimes ignored as other, seemingly more important matters take precedence.
Rarely will anyone first thing of reporting to OSHA immediately after a workplace accident or injury occurs. At that point, reporting and recordkeeping usually seem unimportant- and get delayed or overlooked entirely.
However, this grievous mistake can be costly to the employer. You can face huge expenses and penalties if you don’t report incidents to OSHA.
The minimum fine for a single late, missing report, based on Assembly Bill (AB) 2837, is $5,000. An employer or supervisor who fails to report a death to OSHA or knowingly persuades someone else to do so is guilty of a misdemeanor.
They can face a jail term of up to a year, up to $15,000 or both. If an organization or a limited liability company violated the OSHA standards, the fine could go up to $150,000.
Therefore, reporting workplace injuries is essential to keep your company in compliance with OSHA. Reporting also gives you the information and visibility needed to improve workplace safety and minimize incidents.
What Role Does the Company Play in These Cases?
The OSH Act applies to almost all private employers and workers in U.S states and territories.
In these states and territories, OSHA serves to ensure safe working conditions by setting standards, providing training, and engaging in outreach, education, and assistance.
OSHA focuses on several vital areas touching on companies. Under OSHA, companies should:
1. Provide a safe workplace
Under the OSH Act of 1970, companies are responsible for providing a safe workplace.
For starters, you could lower the risk of injury by establishing a strict protocol and following standards recommended by OSHA.
You should provide workers with appropriate PPE, safety training, and exams as OSHA requires.
Investment in worker safety and health is double-sided. It helps reduce injuries and illnesses while producing remarkable improvements to a company’s productivity and profitability.
2. Report workplace injury incidents
Employers must notify OSHA when a worker is killed on the job or suffers a work-related injury or illness.
They must report fatalities within 8 hours and severe injuries within a 24-hour window.
The OSHA injury and fatality reporting apply to most private sector companies in the U.S. If your company is not a farm or a government sector, then the reporting requirement applies to you.
3. Keep records of work-related injuries and illnesses
Not all companies are required to keep records. Small business organizations are exempted from most OSHA recordkeeping requirements.
So, if your company has less than ten employees, keeping safety records is not a must.
Businesses in low-risk industries are partially exempted too. If your company falls under this category, you don’t have to keep OSHA 300 logs. However, you must comply with reporting claims.
All companies should report workplace fatalities and severe injuries, whether exempted or not. If you keep OSHA logs, preserve your records for five years or more.
Contact a Workers’ Compensation Lawyer Today!
If you are an employee and have been injured in a workplace accident, you might be eligible for compensation.
Recovering from workplace injuries is difficult both mentally, physically, and financially. But knowing your rights can help you seek the compensation you deserve.
At Legal Giant, we work with a team of highly experienced workers’ compensation lawyers who can help you secure fair compensation for your injuries. Contact us today for a free no-obligation consultation.
