Submit your most challenging OSHA recordkeeping or workers' compensation scenario/question in the "Questions/Comments" box. The contributors with the best scenarios/questions will receive a $100 gift certificate during each session (you must be present to win).
Workers' Compensation sCENARIOS
An employee was injured on the job in 2011. The injury required back surgery. The employee was released to full duty in 2013. The employee continued to say that something wasn't right with his back. A few months after the employee was released to full duty his feet started hurting him. The employee is a shop mechanic who stands on concrete 75% of the day. A few months later the pain in the employees feet increased to the point where he had his doctor look at them. It turned out that the employee had plantar fasciitis. The employee had the surgery to fix the problem with his feet. The doctors kept him on pain management until November of 2017 when it was discovered by another doctor that his back was fused improperly. A second opinion also proved this to be true. He had corrective back surgery to fix the original problem in December of 2017. It was determined that the plantar fasciitis was also caused by the improper fuse. Is Workers' Comp responsible for covering all of the health related expenses the employee occurred since being released to full duty in 2013?
- An employee on night shift is sent to the ER to receive stitches for a work related injury. He is released from the ER 3 hours after his scheduled shift ends. He is directed by company management to return immediately to work to complete post-incident investigation and WC paperwork with HR. Is the company obligated to pay him for the time he was at work after his scheduled shift had ended?
- An employee has surgery on a day that was not a scheduled work day and the doctor returns him to transitional duty the same day. Had the employee been scheduled to work, transitional duty would have been provided. Can the day of surgery be counted as a transitional duty day not a lost time day?
- Management has an ongoing issue with light duty, claiming it can be perceived by others as "look what you can get away with" encouraging claims of work related injuries.
- What is the best strategy for employee select states under worker's compensation?
- An individual arrives 1.5 hours early for her shift. She walks into break room to get coffee. She stumbles and falls onto completely flat and unobstructed concrete floor. The fall results in hospitalization/surgery with a broken femur (employee had previous knee replacement unrelated to work). Is it compensable?
OSHA recordkeeping sCENARIOS
We had a couple of employees that felt they were exposed (using a sewage truck hose and got splashed) and seeked medical attention by getting the Hepatitis shot as a precaution. According to GA Workers Comp it is not covered since it was preventative. My question is – is the Recordable to OSHA?
If an associate is just standing at their job (not actually performing any task) and their knee goes out and they fall to the floor, would that be considered work-related or a personal medical condition? A common sense interpretation indicates that it was a condition the associate had and the fact that the knee gave out when they were not doing anything other than standing would make it a personal medical condition instead of work-related. However, it feels like OSHA would like to count this against the employer even though it's not clear that they contributed anything to the situation.
An employee sticks a screwdriver into the palm of his hand and then allows us to take him to the doctor. Once he gets to the medical facility and asks for high-powered painkillers. The doctor said his hand was fine except for the puncture wound. This infuriated the employee and he cussed out the doctor and denied assistance from the doctor. The employee insisted he was fine and returned to work. The doctor's office called for a follow-up and was promptly cussed out for not giving satisfactory service. Then, the employee explained he did not need any help and would not go back to a doctor about this incident., The employee was drug tested and the test was negative. The only medical attention he would allow was first aid by use of a Band-Aid. I guess my question would be, other than being quite embarrassing to our company with this be just a first aid case.
An employee has a work related cumulative trauma injury. They have been treated conservatively ( FA only) and a ergo workstation eval was set up for the employee's workstation. Over Thanksgiving the employee traveled to Mexico and sought treatment at a doctor in Mexico. The employee was given medicine ( high dose of vitamins). If an employee receives medical treatment from a doctor in another country, does the case become recordable?
OSHA is very black and white that once a prescription is written, the accident becomes a recordable (except maybe in my next question); however what about lost time? An example, an associate is seen at an ER at 5pm on a Monday, the physician writes the employee out of work until Wednesday. Tuesday morning, the associate is seen by the occupational doctor, who returns the associate to work with no restrictions, and the associate is able to begin their shift. If a prescription is written, it is automatically a recordable; but is a lost time an automatic lost time if the work note changes before the associate begins their next shift?
If pregnant female is injured and prescribed medicine they cannot take due to pregnancy (Flexeril), and after the doctor writes the script, she then tells them she is pregnant, the doctor then cancels the prescription, and prescribes nothing, is that a recordable? (Actually happened)
Associate passes out during a training due to a "graphic image" in a training video. There is no injury, but a brief loss of consciousness. The associate has a "known condition" which makes them pass out at the sight of blood and disturbing images, recordable?
A company has 100 employees nationwide with 15 main locations and a home office. Majority of the employees work from their home address. Each one of these 15 locations will have less than 10 employees most of the calendar year; however, once/twice a year employees will gather at each location increasing the number of employees above 10 (i.e. traveling circus or a business function to support a customer). Does each location need to create a 300 log or can there be one log for the entire company
- Death at work related to heart attack. Does it get recorded on OSHA log? It was reported to OSHA, they investigated (without site visit) and determined non-work related but is it recordable?
- Employee with back spasms on site - clearly indicates it is not work related BUT seeks treatment from nurse. Is it recordable?
- An individual arrives 1.5 hours early for her shift. She walks into break room to get coffee. She stumbles and falls onto completely flat and unobstructed concrete floor. The fall results in hospitalization/surgery with a broken femur (employee had previous knee replacement unrelated to work). Is it recordable?
