safe 541 class 4 spring 2012. objectives describe the uses for accident report forms in the accident...
TRANSCRIPT
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?
• How many of you are responsible for accident reporting/ recording?
• Yes
•No X
Participation Opportunity
• Reporting v. Recording– What are the differences
between the above terms?
• Forms• Compliance/legal• Timeliness
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
Participation Opportunity
• Why would it be advised to report claim ASAP?
• Why might a policy holder tell me they wait to submit a claim (their reasoning for waiting) ?
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.pdfhttp://www.corvel.com/compInsights/media/Report_EarlyIntervention_Advocacy247_November_2010.pdf
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/
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
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
OSHA continued
Medical Records• Exposure and medical
records• Physicals (keep separate
from employment records)
Others-– Needle sticks & sharps– Hearing loss– TB– Vaccines (as treatment)
Monitoring• Environmental tests
– Grab
• Biological monitoring– Blood lead levels
OSHA Reporting Requirements
Annual Survey/ ODI • 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.
• 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
http://www.osha.gov/recordkeeping/data-form.html
Age of Majority
• The age at which a person, formerly a minor or an INFANT, 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.
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?
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.
http://apps.americanbar.org/buslaw/newsletter/0021/materials/recordretention.pdf
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
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
• OSHA Recordkeepinghttps://www.osha.gov/recordkeeping/index.html
• Age of Majorityhttp://www.nebarfnd.org/age-of-majority