Regulations of OSHA

Difficulties in Reporting Work-related Illnesses and Injuries


It can be difficult for employees who are subject to both OSHA recordkeeping requirements and workers' compensation insurance to know if a work-related illness or injury needs to be recorded or reported (Hunt & Dillender, 2017). There are exceptions even though many work-related injuries meet the reporting requirements for both systems. The most frequent discrepancies between OSHA regulations and worker's compensation are highlighted in this section. Congress intended to create OSHA with the primary goal of creating a uniform reporting criterion to address the problem that is caused by the lack of cumulative data and the inconsistencies among the state worker's compensation to solve the issue that is counting work-related illness and injuries.

Differences between OSHA and Workers' Compensation


OSHA is a Federal agency whose regulations apply mostly to the employees working in the private sector while Worker’s compensation is controlled at the state level and involves varying contractual agreements between the workers and insurance carriers (Hunt & Dillender, 2017). In terms of purpose, Workers’ Compensation is a type of no-fault insurance tailored to offer compensation to injured employers for rehabilitative and medical expenses as well as wage replacement. The details of claim listing often focus on financials as compared to safety-related concerns. In a similar context, OSHA recordkeeping is drawn upon regulations which focus on safety-related issues and have used for employers, employees, Bureau of Labor Statistics, and OSHA supervisors (Hunt & Dillender, 2017). Another notable difference is seen by who is covered by which system: While OSHA covers all employees in a given establishment, worker’s compensation does not cover temporary or contracted workers by the host employee (Hunt & Dillender, 2017).

Fines Associated with OSHA Regulations


For the first time in over twenty-five years, OSHA has increased its monetary fines for violated standards (Prill, 2016). Effective of August 1, 2016, OSHA increased the maximum penalty for repeated and willful citations to $124, 709 and serious citations to $12, 471 up from $70, 000 and $7, 000 respectively (Prill, 2016). The federal agency issued the penalty inflations, though, it is reported that most state plans have been reluctant to increase their state plans. On January 13, 2017, just before inauguration day, the federal agency again elevated the penalties to 126, 749 for willful or serious citations and $12, 675 for serious citations owing to inflation (Vance, 2017). For most businesses, predecessor OSHA fines were merely an expense of doing business; in comparison to other risks and costs, business did not view the penalties as financial restraints (Vance, 2017). With the enrollment of the newly hiked penalties, safety professionals hope that companies will make workplace safety and health a priority. Therefore, businesses should implement procedure updates to guarantee standard implementation and also update worker training.

Accidents Record-Keeping


Specific employees are required to maintain and prepare records concerning serious occupational illness and injuries under OSHA’s recordkeeping standard (Ivensky, 2015). The data is to be recorded using OSHA 300 Log which contains critical information for OSHA, workers, and employees in assessing the safety of a workplace (Ivensky, 2015). Also, the information is helpful in implementing employee protection to eliminate and minimize hazards, and comprehending industry hazards. OSHA has a non-negotiable criterion for recording accidents like medical treatment beyond first aid, listed significant injury and types of illness, and conditions that exceed a listed illness threshold (Ivensky, 2015). These criteria apply irrespective of who offers the related medical service or determines the medical conditions. Therefore, an event in which a medical provider offers first aid type treatment would not be considered OSHA accident-recordable, even if performed repeatedly. The same principles apply for diagnostic services or observation by a medical provider. Worker's compensation claim could be opened for medical costs in these situations.

Ethical Considerations of OSHA Regulations


Ethics refers to a set of expected behavior which includes the expectation of honesty and truthfulness in all individual activities, contacts, and interactions within the profession (Kim, Park & Park, 2016). If the business environment is considered as a building, honesty becomes its foundation. Without honesty, the value of business activities is compromised. Therefore, the ethical obligations of organizational managers are to promote the safety and health of the general public. This might require the management to disclose important information and also ensure proper dissemination of information. Kim, Park & Park (2016) assert that the codes of ethics require organizational managers to be truthful and objective, realistic and honest when stating claims, provide honest criticism, and be impartial. Further, the author contends that ethics is important in that it helps define an ideal culture of the business to enhance public image. Additionally, ethics enable rules of conducts to be established for policing its members. Another significance of ethics is that it encourages the employers together with the workers to make value-laden decisions for the public good. As such, ethics seeks to promote honesty, integrity, and fairness which reflects positively on any area of that business.

Government Compliance


According to SRAMCIK (2014), the key to government compliance in relation to OSHA is organization. Businesses should get their act together and make their facilities the safest. The author outlines several steps to achieve health and safety within an organization including a selection of a compliance manager, demanding responsibility from everyone, putting everything in its place, and lastly, investing in supplies that are compliant. SRAMCIK (2014) contends that while everyone within an organization plays a key role in compliance, the management should name one person who will spearhead the safety efforts. The selected leader will be endowed with the duty of knowing all of the local safety and environmental regulations, U.S Environmental Agency (EPA), and OSHA regulations. Every worker can potentially violate OSHA regulations; thus, it is the responsibility of all employees to play a vital role in compliance. The management must drive home the essence of compliance to every worker. Also, OSHA runs well in organized business so workers should know that everything goes on a specific place to enhance the organization. Another critical area of OSHA compliance is safety equipment which is listed in OSHA’s material data sheet. The equipment should meet the criteria as outlined in the datasheet to satisfy the compliance.

How OSHA Helps the Business to Achieve Social Responsibility


Three pillars lead to sustainable development. These pillars are environment, social, and economy. Upon improving these pillars, sustainable developments become of the essence with regards to workplace health and safety enhancement (Kim, Park & Park, 2016). Taking these pillars into account, sustainable development can be achieved by means of incorporating workplace safety and health innovations for every internal as well as external entities involved in the workplace. This is because the implementation of these pillars will lead to reduced workplace-related diseases and accidents. Therefore, the innovation of workplace health and safety amounts to sustainable development by enhanced workplace safety knowledge, controlled workplace accidents, managed environment, minimized accident costs, a safe workplace, and healthy people. Also, workers who are unhealthy in hazardous working conditions have no means possible to attain maximum efficiency and productivity (Kim, Park & Park, 2016). Consequently, the plant or facility would sink into a financial crunch leading to hard financial sustainable conditions for the stakeholders and employees along with the society.

Kim, Park & Park (2016) observe that the injury of employees and property damages will in effect elevate the organization’s expenses such as compensations to the individuals and society, operational costs, medical expenses, and medical expenses. The company's image and reputation will also get damaged hence reducing its market share. Thus, to avert all these issues, an organization should strive for industrial workplace health and safety innovation which leads to sustainable growth. In effect, the following key areas are enhanced: (a) organizational activities to reduce workplace accidents, minimize workplace diseases; (b) reduced injury costs, creating sustainable workplace health and safety administration frameworks; (c) creating responsibilities to every employer and employee, making it easy for workers to communicate easily.

Conclusion


In conclusion, this study has shown that with the help of OSHA standards, businesses should strive to offer the safety of the workers including health infrastructure to drive the country’s environmental, political, economic, and social responsibility. The introduction of health and safety management, partnered with safety management systems will help the workers minimize occupational accidents and other work-related diseases, and in turn help themselves become more productive and well inclined to the goals and visions of the company. Also, sustainability cannot be realized without factoring in the workplace safety and health improvement, controlling environment, reduction of occupational diseases and accidents. Every employed together with the workers should internalize these factors to sustainability to implement them and ensure a workplace safety and health improvement for everyone at the workplace.


References


Hunt, H.A, & Dillender, M. (2017). The Current State of Workers’ Compensation: Benefit Adequacy, Return to Work, and Prevention. Employment Research Newsletter, 24(3), 1.


Ivensky, V. (2015). Reporting & Record keeping Requirements. Professional Safety, 60(8), 34-37.


Kim, Y., Park, J., & Park, M. (2016). Creating a Culture of Prevention in Occupational Safety and Health Practice. Safety and Health at Work, 7(2), 89-96. doi:10.1016/j.shaw.2016.02.002


Prill, S. (2016). What’s In Store For OSHA Regulations In 2017. Mondaq Business Briefing.


SRAMCIK, T. (2014). Keys to compliance. Auto Body Repair Network, 53(1), 38-42.


Vance, T. (2017). OSHA Penalties Keep Changing, But the OSH Act Remains the Same. EHS Today. Retrieved 26 November 2017, from http://www.ehstoday.com/safety-leadership/osha-penalties-keep-changing-osh-act-remains-same.

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