Expanding the Definition of an 'Accident Witness'

When investigating a workplace injury on a job site, one standard practice is to locate and interview witnesses. So, who do you look for? In most cases we look for anyone who saw the injury. After all, that is the definition of a witness, right?

If the claimant is a predator, there will likely be no witnesses to the alleged injury. No one saw the claimant get hurt so the conclusion that “there were no witnesses” is made. In reality, there are some witnesses that may have valuable information to contribute to the investigation. These will be supervisors or coworkers who were exposed to the claimant before and after the alleged injury.

Suppose a claimant reports to work complaining of leg pain to his coworkers even before the shift begins and then later that day claims that the same leg was injured during the course of working. Unfortunately, this happens quite often. The claimant may come to work on the day of the alleged injury already limping or cradling an injured arm and then allege a workplace injury to cover the medical costs arising from an injury that actually occurred at home. These limps, moans, and groans prior to the injury may be valuable information to risk managers and claims adjusters as they process the workers compensation claim and may mean serious savings to your company.

Consider interviewing people who worked with the claimant after the injury. For example, if the claimant states that the injury occurred midway through the shift, but no one actually saw it happen and the claimant finished the shift; find out if the claimant's behavior during the remainder of the shift was indicative of the injury or if it was “normal” in the eyes of supervisors and coworkers.

Often, fraudulent claims are filed for injuries that actually happened over a weekend or holiday. If the claimant reports the injury on Monday morning or after a holiday, this would be a good time to check with people who worked with the claimant during the shift on which the injury allegedly occurred to gather information about behavior that might indicate a fraudulent claim.

Remember that a witness is not only a person who is aware of the injury, but someone who knows about the claimant. Always include supervisors and coworkers in your investigation. This will improve the quality of the investigation and may provide valuable information to assist in the fair and accurate processing of the claim.

HCS--Hazard Communication Standard

What?

Fed-OSHA's Hazard Communication Standard (29 CFR 1910.1200) imposes specific training, labeling, and documentation requirements on businesses that work with hazardous chemicals. This regulation is the most frequently-cited OSHA standard for general industry employers, meaning that more businesses are fined for non-compliance with the rule than any other safety regulation.

Who?

The standard applies to businesses with 1 or more employees under Fed-OSHA jurisdiction if any hazardous chemical is used or stored in the workplace. It is enforced by Fed-OSHA. The "hazard determination" provisions of the standard apply only to producers of hazardous chemicals. The remainder of the standard applies to users of hazardous chemicals.

How?

The core element of the rule is a document called a "Material Safety Data Sheet" (MSDS), which producers of hazardous chemicals must include with each shipment. MSDS's list the chemical's ingredients, characteristics, health hazards, fire/explosion hazards, control measures, and safe handling practices. Employers must store these MSDS's for each chemical in their facility, and must grant employee access to these sheets upon request.

Requirements

Employers covered by the standard must implement a written hazard communication program addressing such topics as storage and retention of MSDS's, container labeling, safe handling, and employee training. The training requirement requires employers to train their employees on how to read chemical labels and how to use the chemicals safely (including the types of personal protective equipment that must be worn, if any).

Penalties

Penalties for non-compliance depend upon the severity of violation and the safety and health record of the business. Non-serious violations are punishable by fines up to $7000.00 per violation. Willful and repeat violations are punishable by fines up to $70,000.00 per violation.

Recommnedations

Since the definition of "hazardous chemical" as listed in the standard is quite broad, the Hazard Communication standard can be interpreted as applicable to virtually every workplace. As such, implementing a written program in every facility is highly recommended, regardless of whether the employer is aware of whether on-site chemicals are truly "hazardous."

Progressive Point Systems

Be Careful of Point Sytems. If you use a progressive point system for absenteeism, make certain to document the reasons for all applied absences and whether the employee called off properly in all instances. When determining unemployment eligibility, PA-UC will take into account ALL absences applied against these points.

From UCP-41 Section 402(e)

Absenteeism/Tardiness - Prior to being discharged for absenteeism or tardiness, the claimant must have been warned about such conduct. In addition, there have been cases where one absence was sufficient to show willful misconduct. The reason for the last occurrence will be taken into consideration in determining if the claimant had a good reason for being tardy or absent. Absenteeism alone may justify a discharge, but without a showing of wanton and willful disregard of the employer's interests, benefits cannot be denied. Generally, if an individual has good cause for missing work, such as being ill or having an ill child, and reports off according to the employer's policy, that individual's conduct does not rise to the level of willful misconduct. However, there can be factors that may affect the eligibility determination, such as the employer's rule for calling off, the method which the individual used in calling off, the reason for the last incident, the nature of the work, past attendance record, and previous warnings for absenteeism or tardiness. When the employer has a progressive discipline point system and an individual is discharged due to accumulating points as a result of absenteeism/tardiness, all absences/tardiness will be reviewed to determine if any of the absences were justified. Willful misconduct is not established if the claimant had good cause for any of the absences.