Worker’s Compensation Chapter 7 Accident Prevention Manual For Business and Industry Key TermsWorkers CompensationAssumption of riskNegligence of fellow employeeContributory negligenceCompulsory lawFECAFELAJones ActExclusive remedy“course of employment”“arising out of” p. 5Actual risk doctrinePositional risk doctrineVocational RehabilitationTemporary total disabilityTemporary partial disabilityPermanent partial disabilityPermanent total disabilityWhole person theoryWage loss theoryLoss of wage earning capacity theory Workers CompensationLegal system that states have established to ensure losses from workplace are compensated and those worksites that have greater risks will pay a greater proportion of the insurance costs. Before Workers Compensation3 Common Law Defenses Assumption of Risk Negligence of fellow employee Contributory negligence Favored the Employer Assumption of RiskEmployer not liable because the employee took the job with full knowledge of the risks and hazards involved. Fellow Servant Rule Employer not liable for injury to an employee that resulted from negligence of a fellow employee Contributory NegligenceEmployer was not liable if the employee was injured due to his own negligence Objectives of WC Provide income and medical benefits Provide exclusive remedy to avoid court delays and personal injury lawsuits Relieve public and charities of financial drains Eliminate payment fees to lawyers, expert witnesses and time consuming trials Encourage maximum employer interest in safety Promote study of causes of accidents US Chamber of Commerce - 1995 Early Laws1902 – Maryland- Cooperative accident insurance fund – death benefits only.1908 – Congress passes first federal employers law1909 – Montana passes miner WC law1910 – NY passes hazardous jobs WC law1911 – WI passes first real WC law for all workers1916 – US Supreme Court declared WC laws to be constitutional Today, 50 state laws, District of Columbia, Guam and Puerto Rico have WC compensation laws Compulsory or ElectiveElective – employer may accept or reject the act.Compulsory – requires each employer to accept its provisions and provide benefits specified. NO FAULT System to Address Worker and Family Economic LossesLoss of earnings66% of Average weekly salary up to maxTax freeWaiting period 3 – 7 daysMedical expensesDoctor choice? Federal Employers Liability Act (FELA)The law was intended to cover railroad workers. In 1920, Congress extended FELA to seamen in what is now called Jones Act.FELA NOT workers compensation. Federal Employers Liability Act (FELA)Gives an employee the right to charge employer with negligencePrevents employer from pleading the common defenses:Fellow servant andAssumption of risk.Substitutes comparative negligence for contributory negligence. Jones Act Benefits Maintenance Cure Negligence Contributory NegligenceWhere a seaman is injured by an unseaworthy condition caused exclusively by the seaman’s ow.

1. Worker’s Compensation
Chapter 7
Accident Prevention Manual
For Business and Industry
Key TermsWorkers CompensationAssumption of riskNegligence
of fellow employeeContributory negligenceCompulsory
lawFECAFELAJones ActExclusive remedy“course of
employment”“arising out of”
p. 5Actual risk doctrinePositional risk doctrineVocational
RehabilitationTemporary total disabilityTemporary partial
disabilityPermanent partial disabilityPermanent total
disabilityWhole person theoryWage loss theoryLoss of wage
earning capacity theory
Workers CompensationLegal system that states have established
to ensure losses from workplace are compensated and those
worksites that have greater risks will pay a greater proportion of
the insurance costs.
Before Workers Compensation3 Common Law Defenses
Assumption of Risk
Negligence of fellow employee

2. Contributory negligence
Favored the Employer
Assumption of RiskEmployer not liable because the employee
took the job with full knowledge of the risks and hazards
involved.
Fellow Servant Rule
Employer not liable for injury to an employee that resulted
from negligence of a fellow employee
Contributory NegligenceEmployer was not liable if the
employee was injured due to his own negligence
Objectives of WC
Provide income and medical benefits
Provide exclusive remedy to avoid court delays and personal
injury lawsuits
Relieve public and charities of financial drains
Eliminate payment fees to lawyers, expert witnesses and time
consuming trials
Encourage maximum employer interest in safety
Promote study of causes of accidents
US Chamber of Commerce - 1995
Early Laws1902 – Maryland- Cooperative accident insurance

3. fund – death benefits only.1908 – Congress passes first federal
employers law1909 – Montana passes miner WC law1910 – NY
passes hazardous jobs WC law1911 – WI passes first real WC
law for all workers1916 – US Supreme Court declared WC laws
to be constitutional
Today, 50 state laws, District of Columbia, Guam
and Puerto Rico have WC compensation laws
Compulsory or ElectiveElective – employer may accept or reject
the act.Compulsory – requires each employer to accept its
provisions and provide benefits specified.
NO FAULT System
to Address
Worker and Family
Economic LossesLoss of earnings66% of Average weekly salary
up to maxTax freeWaiting period 3 – 7 daysMedical
expensesDoctor choice?
Federal Employers Liability Act (FELA)The law was intended
to cover railroad workers. In 1920, Congress extended FELA to
seamen in what is now called Jones Act.FELA NOT workers
compensation.
Federal Employers Liability Act (FELA)Gives an employee the

4. right to charge employer with negligencePrevents employer
from pleading the common defenses:Fellow servant
andAssumption of risk.Substitutes comparative negligence for
contributory negligence.
Jones Act Benefits
Maintenance
Cure
Negligence
Contributory NegligenceWhere a seaman is injured by an
unseaworthy condition caused exclusively by the seaman’s own
negligence recovery in an action for unseaworthiness will be
denied.
Where an employer has violated a safety statute or regulation,
the seaman-plaintiff’s recovery will not be reduced
proportionately under contributory negligence or assumption of
risk.
In the absence of a statutory violation, where a seaman is solely
at fault in bringing about his or her injury, there can be no
recovery under the Jones Act because proof of employer fault is
a prerequisite to recovery.
However, the mere fact that a seaman’s negligence creates a
risk does not mean that the employer did not likewise contribute
to the risk and ensuing injury.
This could occur, for example, where an inexperienced,
unsupervised seaman is ordered to perform tasks that he or she
is not competent to perform or if the seaman is ordered to work
in an unsafe or dangerous environment.

5. Degree of DisabilityTemporary total disabilityTemporary partial
disabilityPermanent partial disabilityPermanent total
disabilityWhole person Wage lossLoss of wage-earning capacity
RehabilitationMedical Rehabilitation Receives whatever
medical care is needed to treat the impairment and to restore
lost function.Vocational Rehabilitation Prepares the injured
worker for a new occupation or for ways of continuing in an old
one.
SummaryWC laws exist for all 50 statesJones Act and USL&H
also applies in the GOMLearn about how to report accidents to
the carrier.Learn about how to prepare defenses for Jones Act
claimsSetup return to work programs
Chapter 10
Incident Investigation, Analysis, and Cost
Chapter ObjectivesBasic types of incident investigation and
analysis Methods of conducting an investigation and
analysisTypes of costs associated with incidents How to
calculate incident-related costsThe financial effects of off-the-
job incidents

6. Incident Investigation and AnalysisUltimate purpose to prevent
future incidents Must produce factual information leading to
corrective actionsGood record keeping systems are essential to
incident investigationAll incidents should be investigated
regardless of severity of injury or amount of property damage
Investigations must be fact-finding, not fault finding
Investigating individual, board, or committee must not be
involved with any disciplinary actions
Types of Investigations and AnalysisFailure Mode and Effect
approach Management Oversight and Risk Tree analysis
(MORT)ANSI Z16.1 provides a Standard Information
Management System for Occupational Safety and Health
accidentsThe four M’s (Man, Machine, media and
management)The three E’s (engineering, education,
enforcement)The Five Why’sRCA
Cases to be InvestigatedDeath or serious injury Near-miss
incident Epidemic of minor injuries
Scope and Extend of Investigation will vary.

7. Persons Conducting the InvestigationThe safety and Health
ProfessionalAdvisor and guide Special Investigative or Review
committeeFormed for serious eventsThe Safety and Health
committeeSmall or moderate sized companies
Choosing Team MembersA trained facilitator.The employee(s)
or contractor(s) involved in incident. The supervisor of people
involved in incident.A design or process engineer, if the
incident involves technical issues.Specialists or Subject Matter
Experts if appropriate. Members of management may be tempted
to take part in incident investigations because they have a real
concern to get at root causes and improve operations. However,
their presence can stifle the free flow of information or ideas,
even though that isn’t their intent. Avoid having higher levels
of management (above first line supervisor) on a team.
The 4 P’s of Data GatheringPeople, Position, Paper and Parts
People - Interviews and written statementsPosition - what the
status was before the incident occurred.Weather
conditionsProcess & equipment status (i.e. normal operations,
start-up, shutdown, maintenance, within operating limits /
intended function)Job / work status (i.e. shift change, operating,
maintaining)Human Factors issues (facility layout, design
considerations, etc)

8. The 4 P’s of Data GatheringPeople, Position, Paper and Parts
Paper - refers to the document trail both before and after the
incident including:Logs, charts, notes, turnovers/handback logs,
work orders, permits, JSA’s, tags, or printouts which indicate
what was going on at the time or the state of equipment when
the incident occurred.Electronic records and data in control
systems, including trends or process variables and listings of
alarms.Lab reports, metallurgical reports of broken parts.
Copies of standing orders, procedures in use or applicable to the
situation when the incident occurred. Training records
The 4 P’s of Data GatheringPeople, Position, Paper and Parts
Parts refers to how the incident sight looks after the incident
occurred and what the physical data is telling us.Parts, pieces
and other things that you can pick up and carry away. Gather
and save physical data like parts, pieces and other small objects,
recording the location where they are found. Pictures, videos,
sketches, or diagrams of the scene, equipment involved, or what
was going on at the time. For pictures and videos, use the
time/date logger on the camera to help understand when they
were taken.Take necessary process and equipment samples.
Document all samples with:Name of person collecting the
sampleDate and time sample takenExact location/source of
sample Record all samples taken on a sample log. If litigation
is expected, chain of custody procedures may be necessary.

9. Developing the Sequence of Events A sequence of events is a
compilation of the incident events arranged in a time sequence.
The idea is that someone looking at the sequence can quickly
grasp what events occurred and when. The sequence of events is
an excellent way of organizing the data from an incident and
preventing the team from jumping to conclusions
Using Why Trees
Root Causes
Various shapes
PROPER CONDITION
PROPER CONDITION
Incident
Five Why Method
Verify
Verify
Verify
Verify
Why 1 the incident
Why 2 - 1
Why 3 - 2
Why 4 - 3

10. Why 5 - 4
Root Cause
Accident CostsDirectIndirect
Accident Investigation
Michael Gautreaux, CSP
Session ObjectivesExamine accident investigation
methodologyExplore investigation techniquesParticipate in an
accident investigation workshop
*
What is an Accident?Any unexpected event which interrupts the
smooth flow of profitable production or service

11. *
What is an Accident
Investigation?AnalyzingEvaluatingReporting
*
Why Investigate?
To Prevent Accidents
*
QuestionsWhat Accidents Should be Investigated?When Should
Accidents be Investigated?Who Investigates?

12. *
Conducting an Accident Investigation
1. Respond immediately.
2. Investigate to find the facts.
3. Analyze the facts to determine the causes.
4. Develop specific corrective actions.
*
Respond ImmediatelyEnsure medical treatmentEliminate
obvious hazardsSecure the area and preserve evidenceTry to get
the big picture
*
InvestigateConduct interviewsPhotograph/diagram sceneTake
samplesExamine equipment

13. *
InterviewsASAPRelaxed and privateLook for factsDon’t
leadListen well and repeat the storyBeware smoke screensDraw
a diagramConsider tape-recording it
*
Analyze FactsConcentrate on the underlying causes, not the
symptomsAccidents rarely result from a single cause, but occur
because of a network of multiple causes
*
Contributing CausesEquipmentMethodsPersonnelEnvironment

14. *
Corrective ActionMake your recommendationsFollow
throughMirror the results from your analysis
*
Reporting the InvestigationProvides information for group
analysisReports vary by size of operation and seriousness of
accidentDescribes problem for further studySecures
approvalDocuments measures
*
Review ReportsTake corrective action or explain why corrective
action cannot be takenRefer the report to other supervisors or
departments with similar problemsRefer unsolved problems for
further study

15. *
Parts of a
ProgramNotificationFormsTrainingCommunicationControl
plansApplication to similar exposuresAnalysis and
evaluationMonitor investigations
Policy
*
ResponsibilitiesObtain management supportDevelop
proceduresTrainingParticipate in some investigationsFollow up
on reportsAnalyze reports to identify patternsAudit program
*
PROPER
CONDITION
PROPER
CONDITION