Do you know the legal differences between workers' compensation and OSHA?

    
Let’s examine three actual cases that clearly demonstrate how these two distinct concepts are independent of one another. 

Case #1 –OSHA Record Keeping Required

Sandy, a housekeeper at a local hotel, passes out at work. When Sandy regains consciousness, she refuses medical treatment and attributes the fainting to a personal health condition, and insists she is fine and wishes to continue working. As an employer you show concern, provide care (that is necessary & within the scope of your training), and monitor Sandy for the rest of the day.    

Is that all you need to do?    

From a workers’ compensation position, this incident does not result in a work related injury, and the employee acknowledged that the reason she fainted was due to a personal health condition. No medical attention is needed or required and therefore it does not meet the requirement of workers’ compensation statutes to be reported to the State.  However, a best practice is to document the incident using the LandrumHR Injury & Incident Report & Investigation Form.

From an OSHA record keeping requirement, 29 CFR 1904.7, this incident needs to be recorded on OSHA Form 301 or a similar form (note LandrumHR’s Injury & Incident Report & Investigation Form meets this requirement) and must also be documented on the OSHA 300 log.  

Case #2 – Reportable for Workers’ Compensation

Joey, an HVAC technician, is servicing the outdoor condensing unit at a local residence. He steps on a roofing nail, which goes through the sole of his work boot, and punctures the heel of his left foot.  Joey has not had a tetanus shot in over 10 years. The employer reports the injury to LandrumHR Risk Management Department and submits the completed LandrumHR Injury & Incident Report & Investigation Form. A Claims Adjuster directs Joey to a local Occupational Health Clinic where he is given a tetanus shot. No further treatment is provided and he is released to return to work.   

This incident is a workers’ compensation injury and must be reported to the state within 7 days. This incident is not OSHA recordable; therefore, it does not need to be documented on the employers OSHA 300 log. Tetanus vaccine is considered First Aid treatment, which is not recordable.  All first aid treatment regardless of who provides it - a professional health care provider or employer- does not get recorded on the OSHA 300 log. 

Case #3 – Reportable for Workers’ Compensation or OSHA?

Belinda was exposed to a chemical prior to reporting to work. While at work, she begins having symptoms of illness from the chemical. The employer calls 911 and Belinda is taken to the hospital. 

This incident would not be reported for workers’ compensation or recordable for OSHA.  Although the employee began to show signs of illness at work, nothing from the workplace caused or contributed to the illness.  The exception to the presumption of work-relatedness in section 1904.5(b)(2)(ii) allows an employer to exclude cases that involve signs or symptoms that surface at work but result solely from a non-work-related event or exposure that occurs outside the work environment. 

How LandrumHR Assists in Record Keeping & Reporting

As you can see from these three examples, extensive knowledge of both workers’ compensation and OSHA regulations is critical to ensure proper management of work related injuries.  Please report all incidents to LandrumHR to ensure proper recording and reporting. If you have any questions regarding this topic, please reach out to our Risk Management department.  We have a full team of professionals here to assist you.  Contact us at 850-476-5100 or email safety@landrumhr.com.