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January 06, 2009
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Workers Compensation FAQs

 

How can I get help from OSHA to fix hazards in my workplace? 

If you are an employer, you may wish to contact the OSHA Consultation Program for your state for free on-site assistance in identifying and correcting hazards or setting up safety and health programs. You can also contact the OSHA Area Office nearest you to speak to the compliance assistance specialist about training and education in job safety and health issues. Another option is OSHA Advisors , interactive software that "walks" you through specific OSHA standards or helps identify potential hazards throughout your workplace. You can also find information on specific topics on the OSHA website by using the Alphabetical Subject Indexes , Advanced Search options, or by reviewing featured topics on the main OSHA Home Page .

How can I get workplace safety and health training from OSHA? 

You can contact the nearest OSHA Area Office to speak to the compliance assistance specialist. You also can check out training available at the OSHA Training Institute in the Chicago area or at one of the 20 education centers located at colleges and universities around the nation.

What Cooperative Programs does OSHA offer? 

OSHA's Alliance Program enables trade or professional organizations, businesses, labor organizations, educational institutions, and government agencies that share an interest in workplace safety and health to collaborate with OSHA to prevent injuries and illnesses in the workplace. OSHA and the organization sign a formal agreement with goals that address training and education, outreach and communication, and promoting the national dialogue on workplace safety and health. The OSHA Strategic Partnership Program is for employers with varied backgrounds, experience and records in job safety and health. Participants in OSPP share a common commitment to improving workplace safety and health. These partnerships merge the creative ideas and resources of OSHA and stakeholders. OSPP emphasizes training and education in a voluntary, cooperative atmosphere. Tracking results is key to the partnerships. Voluntary Protection Programs are OSHA's premier partnership programs designed to recognize workplaces with exemplary safety and health programs. VPP participants serve as models of excellence for others in their industries and communities and are exempt from routine OSHA inspections.

What is the Voluntary Protection Program? 

The Voluntary Protection Programs (VPP) are OSHA's premier partnership programs designed to recognize workplaces with exemplary safety and health programs. VPP participants serve as models of excellence for others in their industries and communities and are exempt from routine OSHA inspections..

For more information on becoming a VPP member, contact OSHA's Division of Voluntary Programs at (202) 219-7266 or the VPP manager at the nearest OSHA regional office.

 

What is OSHA doing about workplace violence and why? 

OSHA has developed final "Guidelines for Preventing Workplace Violence for Health Care and Social Service Workers" and draft guidelines for night retail establishments.

The intent of the guidelines is to educate employers on finding ways to provide a more secure work environment. Consequently, OSHA hopes that employers will voluntarily implement workplace violence protection programs. Workplace violence has emerged as an important safety issue in today's workplaces. According to the Bureau of Labor Statistics (BLS) fatality data, assaults and violent acts caused 20 percent of the fatal occupational injuries in the United States in 1994. Homicide, the most extreme form of workplace violence, is the second leading cause of death. For example, of the total 6,588 deaths in 1994, homicides accounted for 1,071 of deaths, or 16 percent.

Is OSHA citing employers for workplace violence? 

The General Duty Clause (Section 5(a)) of the Occupational Safety and Health Act of 1970, which requires employers to provide a safe and healthful working environment, has been cited in a few circumstances. Employers can be cited if there are recognized hazards of workplace violence and nothing is done to prevent or abate them.

Who needs to receive the hepatitis B vaccination? 

The bloodborne pathogens standard requires the hepatitis B vaccination series to be made available to all employees who have occupational exposure to bloodborne pathogens. All employess who have an exposure incident must also receive post-exposure evaluation and follow-up, which may include the hepatitis B vaccination. The employer does not have to make the hepatitis B vaccination available to employees who are already immune according to their antibody tests, or who are prohibited from receiving the vaccine for medical reasons.

Can employees refuse the hepatitis B vaccination? 

An employee has the right to refuse the hepatitis B vaccine and/or any post-exposure evaluation and follow-up, but the employee must sign a declination form. It is important, however, that the employee needs to be properly informed of the benefits of the vaccination and post- exposure evaluation through training. The employee also has the right to decide to take the vaccination at a later date if he or she so chooses. The employer must make the vaccination available at that time.

Is there a list of substances regulated by the Hazard Communication Standard? 

No. The rule requires chemical manufacturers and importers to evaluate the hazards of the chemicals they produce or import and to prepare appropriate labels and material safety data sheets to convey the hazards and precautionary measures to users of the chemicals. As a user, you can rely on the suppliers to provide you with appropriate information to comply with the Hazard Communication Standard.

What are the associated benefits of implementing the Hazard Communication Standard? 

The Hazard Communication Standard provides workers exposed to hazardous chemicals with the right-to-know the identities and hazards of those materials, as well as appropriate protective measures. When workers have such information, they are able to take steps to protect themselves from experiencing adverse effects from exposure. In addition, providing such information to employers helps them to design better protective programs for exposed employees.

There are significant benefits associated with the implementation of the hazard communcation standard in the workplace. Employers have used the information provided to select personal protective equipment, design engineering controls, and substitute less hazardous chemicals. All of these actions will improve protection of workers. In addition, the written information can be used to train workers to properly handle the chemicals.

Who provides the Material Safety Data Sheets? 

OSHA does not prepare or dictate the specific statements to be included on material safety data sheets (MSDSs). Chemical manufacturers and importers of hazardous chemical products prepare MSDSs. They make the determinations as to what chemicals are covered within the context of the standard's requirements and design the MSDSs appropriately.

Who is covered by OSHA's HAZWOPER Standard? 

The Hazardous Waste Operations and Emergency Response Standard (HAZWOPER) applies to five distinct groups of employers and their employees. This includes any employees who are exposed or potentially exposed to hazardous substances-- including hazardous waste--and who are engaged in one of the following operations:

    clean-up operations--required by a governmental body, whether federal, state, local, or other involving hazardous substances-- that are conducted at uncontrolled hazardous waste sites;

    corrective actions involving clean-up operations at sites covered by the Resource Conservation and Recovery Act of 1976 (RCRA) as amended (42 U.S.C. 6901 et seq.);

    voluntary clean-up operations at sites recognized by federal, state, local, or other governmental body as uncontrolled hazardous waste sites;

    operations involving hazardous wastes that are conducted at treatment, storage, and disposal facilities regulated by Title 40 Code of Federal Regulations Parts 264 and 265 pursuant to RCRA, or by agencies under agreement with U.S. Environmental Protection Agency to implement RCRA regulations; and

    emergency response operations for releases of, or substantial threats of release of, hazardous substances regardless of the location of the hazard.

The Hazardous Waste Operations and Emergency 

The Bloodborne Pathogens Standard is designed to protect the nation's workers, particularly health care workers, from exposure to the Hepatitis B Virus (HBV), the Human Immunodeficiency Virus (HIV), and other bloodborne pathogens. Of the diseases caused by these viruses, Hepatitis B is the most common, with 8,700 cases per year among workers in the health care profession. Hepatitis B infection may result in serious illness, long-term disability, and death. The HIV virus causes AIDS, for which there currently is no cure and which eventually results in death. These viruses, as well as other organisms that cause bloodborne diseases, are found in human blood and certain other human body fluids. Therefore, employers have a particular responsibility to ensure that employees do not come into direct contact with blood or other potentially infectious materials while performing their job.

What is OSHA's Focused Inspection Program? 

OSHA has initiated a focused inspection policy for construction sites, enabling its inspectors to "zero in" on those safety hazards most likely to result in workplace fatalities. Safety and health officers will focus on the four leading causes of fatalities in construction: falls from elevations, which account for 33 percent; being "struck by" hoisting equipment, vehicles, or falling objects, 22 percent; caught in or between--i.e., trenching, cave-ins, or being crushed by equipment or other means, 18 percent; and electrical shock, 17 percent.

What work activity is most affected by the new asbestos standards? 

Brake and clutch repair work in the general industry standard is the activity engaged in by the largest group of asbestos exposed workers, although most of them are exposed sporadically and at low levels. Next largest are custodial workers who do not perform their duties as part of construction activities, but clean surfaces, sweep, buff, vacuum floors, and wash walls and windows in manufacturing plants and a wide variety of public and commercial buildings.

What are 3 basic controls required in operations covered in the Asbestos Standard ? 

Regardless of the exposure levels, the controls required are use of HEPA* filtered vacuums when the source of the dust/debris is damaged asbestos-containing material (ACM) or disturbance of ACM or potential asbestos-containing material (PACM); use of wet methods to control asbestos fiber dispersion; and prompt disposal of asbestos-contaminated waste materials. These provisions apply to, for example, employers who install asbestos-containing material (no class designation); clean up asbestos-containing debris at a construction site (Class IV); repair a boiler covered with asbestos-containing thermal system insulation (TSI) (Class I or III); and remove asbestos-containing surfacing material (Class I). Certain "incidental" roofing materials, however, are not subject to these requirements.

 
Did You Know?    
 
 
The Hazard Communication Standard provides workers exposed to hazardous chemicals with the right-to-know
The Hazard Communication Standard provides workers exposed to hazardous chemicals with the right-to-know the identities and hazards of those materials, as well as appropriate protective measures. When workers have such information, they are able to take steps to protect themselves from experiencing adverse effects from exposure. In addition, providing such information to employers helps them to design better protective programs for exposed employees.

 


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Workers Compensation Lawyers.com Terms

 


Today's Terms

Temporary Patial Disability (TPD)

Definition:
A wage replacement benefit that may be paid when you return to work but at less than full earnings. Sometimes referred to as Wage Loss.

Consultative Rating

Definition:
A rating of permanent disability provided by the DWC Disability Evaluation Unit when a claim is litigated or if the injured worker has an attorney. See Permanent Disability Rating.

Commutation

Definition:
An order by a Workers' Compensation Administrative Law Judge for a lump sum payment of part or all of your permanent disability award. Payment can be made to either the injured worker or the injured worker's attorney.

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Workers' Comp. Resources

 


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Workers' Comp. Hot Topics

 
Topics Related to Workers' Comp.:

  • Personal Injury
  • Disability Discrimination
  • Wrongful Death
  • Truck Accidents

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Arizona Workers-Compensation Attorney

 
If you live in the following cities and need an Workers-Compensation attorney you should contact our Workers-Compensation Attorney as soon as possible:

  • Apache Junction
  • Avondale
  • Buckeye
  • Bullhead City
  • Casa Grande
  • Cave Creek
  • Chandler
  • Chino Valley
  • Cottonwood
  • Douglas
  • Flagstaff
  • Florence
  • Fountain Hills
  • Gilbert
  • Glendale
  • Green Valley
  • Kingman
  • Lake Havasu City
  • Mesa
  • Nogales
  • Paradise Valley
  • Payson
  • Peoria
  • Phoenix
  • Prescott Valley
  • Safford
  • Scottsdale
  • Sierra Vista
  • Somerton
  • Sun City
  • Sun City West
  • Surprise
  • Tempe
  • Tucson
  • Yuma
 


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