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Flashcards in Employment & Environment: Health & Saftey Deck (3)
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1

Employment & Environment:
Health & Safety
Worker's Compensation

Purpose
- provide nearly automatic compensation for employees who suffer work related injuries
- and diseases
- does not cover independent contractors
Mechanism
- employers can carry workers comp insurance
- employers have strict liability. no negligence or fault
Defenses
- employer's common law defenses are eliminated
- no assumption of risk
- no negligence of employee
- no contributory negligence
- in exchange for having to pay employee, employer is immune from civil liability
- if coverage exists, employee cannot decline benefits and sue
- unless boss guilty of intentional tort or gross negligence
- workers are covered if they are injured in scope of employment or on the premises
Procedure
- employee notified employer and files claim with state
- availability of worker's comp bars recovery against employer and co-employees but not third parties
- subject to claim by employer
Benefits
- medical expenses
- Disability protection
- Death benefits
- Retraining expenses
- Scheduled payments for various losses

2

Employment & Environment:
Health & Safety
OSHA

Purpose
- promote safety standards
- employer must provide a workplace free of hazards and comply with OSHA
Mechanism
- OSHA has power to:
- develop standards
- require employees to keep records of job related injuries
- investigate complaints and inspect workplaces
- employer resists, obtain search warrant
- just show reasonable basis
- higher than usual accident rate
- employee complaints
- proof of fair random search
- warrantless searches authorized if emergency, employer consents, inspector observing public view
- determine if violation occurred
- address remedies: order correction, civil fines, referring to DOJ
Employee Rights
- if threat of physical harm or imminent danger
- request an inspection
- refuse to work there if no time for inspection
- cannot be punished for exercising rights
- employees may be fired for failing to comply with OSHA

3

Employment & Environment:
Health & Safety
Missed

- OSHA does not apply to federal, state, or industries subject to other safety standards
- Workers Comp Act requires employers to provide coverage to all eligible employees
- Workers Comp Act covers disease caused by employment and pre-existing condition aggravated by employment
- OSHA does not develop safety equipment

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