As an employer, what is my responsibility in reporting injuries?
If you know of an injury to one of your employees, or an employee alleges an injury to you that has resulted in five (5) full or partial calendar days of disability, you must file an Employer's First Report of Injury Or Fatality Form - Form 101. You are required to file this form within seven (7) calendar days, not including Sundays and legal holidays, from the fifth day of disability. You should also give a copy to the injured employee. If the employee reports the injury to you after he or she has already been disabled for five (5) or more days, you would have to file the Employer's First Report of Injury or Fatality Form - Form 101 within seven (7) calendar days, not including Sundays and legal holidays, of the day the injury was actually reported to you. If the injury results in just medical bills, or fewer than five (5) full or partial calendar days of disability, you would report it just to your insurer, on whatever form they have for this purpose. A recent amendment to the rule requires employers to report all work-related in-patient hospitalizations, as well as amputations and losses of an eye, to OSHA within 24 hours of the event.
What is considered an OSHA reportable?
An OSHA recordable injury is a regulation occupational injury or illness common in the workplace and requires treatment from a medical facility. Any medical treatment that goes beyond first aid is considered a OSHA recordable injury. Those include the following: Loss of consciousness Restricted work, affects essential job functions, significant injury or illness such as cancer Medical treatment beyond first aid, Death.
What am I required to do as an employer if my employee has a blood borne pathogen exposure?
The OSHA Blood Borne Pathogen Standard 1910.1030 requires the employer to have:
Identification and documentation of the Source individual, unless the employer can establish that identification is infeasible or prohibited by state or local law.
Source Individual means any individual, living or dead, whose blood or other potentially infectious materials may be a source of occupational exposure to the employee.
Results of the Source individual's testing shall be made available to the Exposed employee, and the employee shall be informed of applicable laws and regulations concerning disclosure of the identity and infectious status of the source individual.
If the Source comes into CCOM with or without the Exposed employee, they will always be tested. The Source must sign a release prior to the testing. If consent is not obtained, or if the Source does not come in for testing, the employee may have to undergo several blood draws for the next year.
When the Source individual is already known to be infected with HBV or HIV, testing for the source individual's known HBV or HIV status need not be repeated. If you are unable to provide this information, please document this in writing with reason(s) that it was not done and send document to us.
The employer has the responsibility to provide Source testing results to the healthcare provider and is responsible for the employee’s post-exposure incident follow-up and counseling.
We are asking that the Source’s blood be tested for (but not limited to):
- HBsAg (Hepatitis B)
- HCV (Hepatitis C)
- HIV (Human Immunodeficiency Virus)
The employee may require post-exposure prophylaxis (medication), when medically indicated, as recommended by the U.S. Public Health Service;
Do I have to pay an injured worker for the entire day if they have to leave work due to an accident?
No. The only requirement under state law is that employers need to pay workers for the hours he/she actually worked. However, if the employer does pay the worker for just the hours worked, then the day the worker was injured would be considered the first calendar day of disability. If the employer pays the worker for the entire day, or shift, then the next day would be considered the first day of disability.
Does the HIPAA apply in Workers compensation?
The HIPAA Privacy Rule does not apply to entities that are either workers’ compensation insurers, workers’ compensation administrative agencies, or employers, except to the extent they may otherwise be covered entities. However, these entities need access to the health information of individuals who are injured on the job or who have a work-related illness to process or adjudicate claims, or to coordinate care under workers’ compensation systems. Generally, this health information is obtained from health care providers who treat these individuals and who may be covered by the Privacy Rule. The Privacy Rule recognizes the legitimate need of insurers and other entities involved in the workers’ compensation systems to have access to individuals’ health information as authorized by State or other law. Due to the significant variability among such laws, the Privacy Rule permits disclosures of health information for workers’ compensation purposes in a number of different ways.
Can I terminate an employee for a positive drug screen? Yes or No?
Colorado law states that an employer will not be charged for unemployment benefits if it terminates an employee for failing a drug test administered under a preexisting written policy. Based on this law, the Colorado Court of Appeals has held that an employee has no legal claim for wrongful termination after being fired for failing - or for refusing to take - a drug test. The Court found that the unemployment statute created a standard of acceptable employer conduct, for which the employer could not be sued.
Why is it important to designate a Level LL Occupational Medicine Physician?
Occupational health doctors are licensed physicians who specialize in treating patients with work-related illnesses or injuries. A professional combines his or her knowledge of general medicine with an understanding of the physical hazards that people may face at their jobs. Doctors work closely with nurses and occupational safety specialists to understand the risks involved in a workplace, and direct diagnoses and treatment accordingly.
What does the Clinic's case management team do for patients?
Our case management team advocates for patients and employers. Our Nurse case manager’s help patients get the diagnostic testing and treatment services they need to overcome or manage their illness or injuries. Our experience and competence as patient advocates helps to move your claim faster through the paperwork.