VSSRs and Workplace Fatalities. Bill Garver, Supervisor BWC Safety Violations Investigation Unit

Transcription

1 VSSRs and Workplace Fatalities Bill Garver, Supervisor BWC Safety Violations Investigation Unit

2 In 1923, the worker s compensation section of the Ohio Constitution (Article 2, Section 35)was amended to establish violations of specific safety requirements or VSSRs The applications, investigations and adjudication process are governed by Ohio Administrative Code (OAC) 4121:3-20. Authority to Conduct VSSR Investigations

3 Housed within BWC s Special Investigations Department Eight (8) SVIU investigators assigned throughout the state SVIU investigator s combined years of investigation experience total over 150 years Conducts investigations per year BWC s Safety Violations Investigation Unit (SVIU)

4 Any injured worker with an allowed BWC claim Widow/dependents Legal representatives on behalf of the injured worker or widow/dependent IC-8/9 applications can be filed on-line or at any BWC office Can be filed up to two years from the incident date Who Can File a VSSR?

5 If there are two (2) or more VSSRs within a 24 month period, additional civil penalties can be assessed up to $50,000 The violation doesn t need to be of the same type if occurring in the same workplace Civil Penalties for Repeat Violations Were Established in Senate Bill 307 (1986)

6 Ohio s Specific Safety Requirements are found within the Ohio Administrative Codes -4123: 1-5 Workshops & Factories -4123: 1-3 Construction -4123: 1-21 Fire Fighting These can be accessed on-line as well at or BWC/IC websites Where Are the Codes Found?

7 Self-Insured employers State fund employers (manufacturing retail, service industry, trucking, etc) Public employers (city, county, state) Employers engaged in mining industries Out-of-State employers including injury/fatality sites outside Ohio SVIU Investigates

8 Cases assigned by geographic occurrence or employer location The investigator is neutral and not an advocate for the employer Fatality investigations take priority, otherwise the oldest investigation is worked first Investigations typically are completed within days from initial assignment The Investigation

9 The investigator will schedule an appointment to: Obtain a formal affidavit - Background employment information - Specific accounting of incident - Machinery, equipment, worksite description, - Precautions, protection, training provided - Witnesses - Sworn to and notarized Identify and discuss potential witnesses Collect and review documents, photos, videos, sketches and other submitted information The Investigation - Injured Worker

10 VSSRs identify employer of record - Customer companies of temporary service agencies are employers of record for purposes of VSSRs (State ex rel. Newman v. Industrial Commission (1997) An on-site investigation is scheduled with the employer and/or employer representative Attendees typically will include management, safety personnel/consultants, legal counsel The Investigation - Employer

11 On-site opening conference includes: - Internal accident report/osha logs - Internal/external accident investigation documents - Machine/equipment data - Training and maintenance documents - Accident photos/videos - Witness information - Company policies - Depositions The Investigation Employer, Cont d

12 - Notations of altered, modified or replacement conditions or equipment - Demonstrations of process/procedures - Affidavits of employees/witnesses - Personal protective equipment provided/required The Investigation Employer, Cont d

13 The investigation of the site will include: - Inspection of the machinery/equipment machine/equipment - Digital videos of the operation/site (timing, noise levels) - Pertinent measurements - Workstation housekeeping (lighting, clutter, storage, etc.) The Investigation Employer, Cont d

14 Investigators make every effort to identify and locate key witnesses Witnesses may include eye-witnesses those with knowledge of the machine, equipment or process at issue Once identified, formal affidavits are pursued and obtained Utilize information from various sources such as coroner, police & fire The Investigation Additional Sources

15 Once completed the report is forwarded to the Industrial Commission (IC) in both hardcopy and CD formats All principle parties are provided a copy of both versions 30 days from date of mailing, the case is scheduled for pre-hearing and eventually a full merit hearing with the IC The Report of Investigation (ROI)

16 Additional Awards may be rendered against the employer (15 to 50% of AWW. IC s discretion) Filing/adjudication of VSSR can disqualify employer from group premium program Increase in premium Lost time and lost productivity VSSR billing attaches to underlying comp claim for life of the claim. IC correction order is included VSSR Ramifications

17 Ohio Revised Code (C) Whenever the Bureau learns that any place of employment is not safe or is injurious to the welfare of any employee or frequenter, it may of its own motion summarily investigate the same, with or without notice Investigation criterion & exemptions: Deaths resulting at work site Exempt: vehicle crashes and family farms are Instant death Exempt: natural causes Exempt: federal worker fatalities Ohio public employees (BWC/PERRP has jurisdiction) Instant Death Investigations (IDI)

18 Assists BWC claims examiners in determinations Assist employers with BWC death/claims reporting procedures per ORC Provides BWC with immediate on-scene information/evidence/reports that provides S&H precise data which assists employers Reduces future occurrences, injuries or near misses Purpose of IDI

19 BWC/SVIU office: Industrial Commission of Ohio: BWC/IC VSSR contacts