1. SAFE 541 Class 4 Spring 2012

2. 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

3. Question? How many of you are responsible for accident reporting/ recording? Yes No X

4. Participation Opportunity Reporting v. Recording – What are the differences between the above terms? Forms Compliance/legal Timeliness

5. 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 1 st report of Injury

6. 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) ?

7. 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.pdf http://www.corvel.com/compInsights/media/Report_EarlyInterventio n_Advocacy247_November_2010.pdf

8. Examples of Accident Reporting Guidelines and An AI form http://www.ohiocasualty- ins.com/omapps/ContentServer?c=folder_Parent&pagename=OhioCasual ty%2Ffolder_Parent%2FamFlexFolderTemplate&cid=2237826736736 http://www.ohiocasualty- ins.com/omapps/ContentServer?c=folder_Parent&pagename=OhioCasual ty%2Ffolder_Parent%2FamFlexFolderTemplate&cid=2237826736736 http://www.obfs.uillinois.edu/risk/workers-compensation/reporting/

9. 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

10. OSHA Recording Forms Partially exempt http://www.osha.gov/r ecordkeeping/ppt1/RK1 exempttable.html http://www.osha.gov/r ecordkeeping/ppt1/RK1 exempttable.html – Hardware Stores – Meat and Fish Markets – Dairy Products Stores http://www.osha.gov/recordkeeping/RKforms.html

11. 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

12. 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 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/odi- background.html http://www.osha.gov/recordkeeping/data-form.html

13. 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.

14. 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 26 th Amendment How can it impact your records retention?

15. 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.

16. http://apps.americanbar.org/buslaw/newsletter/ 0021/materials/recordretention.pdf

17. 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

18. Some sources to consider Evaluating your loss runs http://www.impomag.com/scripts/S howPR.asp?RID=12227&Common Count=0 http://www.workcompprofession als.com/articles/004.pdf http://www.workcompprofession als.com/articles/004.pdf Hints for claims http://www.ohiocasualty- ins.com/omapps/ContentServer?c=folder _Parent&pagename=OhioCasualty/folder_ Parent/amFlexFolderTemplate&cid=22378 26736736 http://www.ohiocasualty- ins.com/omapps/ContentServer?c=folder _Parent&pagename=OhioCasualty/folder_ Parent/amFlexFolderTemplate&cid=22378 26736736

19. OSHA Recordkeeping https://www.osha.gov/recordkeepin g/index.html Age of Majority http://www.nebarfnd.org/ age-of-majority

20. Questions & Comments