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?

• 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

Questions & Comments