CCC

Spring 2006

NEWSLETTER

First Aid Reporting Requirements

First aid treatment for injuries is part of the medical care that all employers must provide to their employees. The California Department of Insurance, in conjunction with the Department of Industrial Relations and the Division of Workers’ Compensation, wants to remind employers and physicians that they need to comply with Section 6409 (a) of the California Labor Code regarding first aid injury treatment reporting when a physician is involved.

The Labor Code (Section 5401) defines first aid as “any one-time treatment and follow-up visit for the purpose of observation of minor scratches, cuts, burns, and splinters or other minor industrial injuries, which do not ordinarily require medical care.” This one-time treatment and follow-up of a work related injury or illness, where there is no lost time from work, is considered first aid even though treatment was provided by a physician.

If a physician does treat an employee for a first aid injury, he/she is required to complete and submit a Doctor’s First Report of Injury or Illness (DFR form 5021) to the employee’s workers’ compensation carrier (State Fund) within five calendar days of the initial examination. State Fund will then send a copy of the DFR to the Division of Labor Statistics and Research of the Department of Industrial Relations, as required. At that point, State Fund will also determine whether the injury/illness meets the Labor Code definition of first aid. If it does, a copy of the DFR will be sent to the employer along with related bills, upon confirmation that the employer wishes to make payments for the first aid treatment. If no physician is involved in the first aid treatment, a DFR is not required.

If a first aid treating physician, at the request of an employer, fails to submit a DFR to the workers’ compensation insurer, the Department of Insurance and the Department of Industrial Relations may consider the arrangement improper and view it as contributing to possible criminal violations related to premium fraud and the fraudulent denial of workers’ compensation benefits to an injured worker.

"Information or recommendations contained in these articles were obtained from sources believed to be reliable at the date of publication. Information is only advisory and does not presume to be exhaustive or inclusive of all workplace hazards or situations."

The above evaluations and/or recommendations are for general guidance only and should not be relied upon for legal compliance purposes. They are based solely on the information provided to us and relate only to those conditions specifically discussed. We do not make any warranty, expressed or implied, that your workplace is safe or healthful or that it complies with all laws, regulations or standards.

Are You At Risk For Asbestos Exposure?

The more you learn about the possible hazards in your work environment, the better you can avoid or reduce the possibility of their causing harm. This is especially true with asbestos.

The term asbestos refers to a group of odorless threadlike minerals that can be separated into microscopic fibers. Because asbestos can resist heat, fire and many caustic chemicals, there was a time when it was widely used in schools, public and industrial buildings, and homes. As the negative effects of air-borne asbestos became known, certain asbestos-containing products were banned in the 1970s and 1980s. To the surprise of many people, however, the manufacture, use, and sale of some products with asbestos is not prohibited. Items such as vinyl floor tile, roofing felt, and brake pads may still contain asbestos. A summary of the EPA asbestos-containing material (ACM) bans can be found at http://www.epa.gov/opptintr/asbestos/asb-bans2.pdf.

If left alone and in good condition, ACMs pose little threat. However, damaged or disturbed ACM may release asbestos fibers into the air. It’s when the fibers are airborne and can be inhaled into the lungs that they pose a health problem. It is therefore important to know where in your worksite that asbestos exists, so that you don’t unknowingly sand, scrape, drill into or tear apart the ACMs and send the asbestos fibers airborne. It can be more hazardous to remove or repair asbestos improperly than to leave it alone.

So what should you do if you suspect ACMs in your workplace or if a remodel or other improvements demand their removal? Get professional help. Industrial hygienists and asbestos consultants can inspect your worksite, take samples for testing, suggest contractors, assist in drawing up a removal plan, monitor the job, and inspect after the work has been completed. Make sure that the professional you hire is a certified asbestos consultant.

Asbestos can be safely managed if you know where the asbestos is or is suspected, if disturbance is minimized, if you keep the asbestos containing material in good repair, and if you use a reputable certified abatement contractor when disturbance is necessary. Through knowledge and common sense care, you can live with asbestos without significant risk or fear.

Emergency Wash Stations

Many new chemical products are introduced into the workplace each year but even with careful planning and safety measures, harmful chemical-exposure accidents occur.

Because of the potential for exposure, a list of all hazardous substances should be maintained at each worksite. Material Safety Data Sheets on these substances should be readily available with substance descriptions including their location, risks, manufacturer’s precautions, and treatment or antidote measures should there be a harmful exposure.

Emergency wash fixtures must be provided in the workplace if there is a reasonable risk that workers may be exposed to caustic chemicals or other hazardous substances. All workers at risk for exposure should be made aware of the location and purpose of the emergency wash stations and receive regular training on their use. Keep in mind that emergency wash fixtures are not substitutes for personal protective gear like safety eyewear, face shields, and protective clothing.

The most effective first step in treating chemical contamination of the eye or skin is immediate flushing or washing with potable water. This and the selection and placement of emergency wash stations or showers are among the most crucial steps you can take in effective emergency response.

Medical experts say that immediate access to an emergency wash station is critical. The chance of full recovery from chemical contamination of the eye is excellent, if the victim reaches as eyewash station within 10 to 15 seconds. Panic, pain, and obscured vision will slow response time, so it is important that emergency wash fixtures be highly visible.

The length of time and amount of flushing or washing is key to the successful treatment of the eyes or skin. The minimum amount of time for flushing the eyes is 15 minutes, although most medical experts say a full 20 to 30 minutes of flushing time is best. It is important that the water pressure of the eyewash station be closely regulated because tender eye tissue can be easily damaged.

With the help of a trained medical professional, establish first-aid procedures for chemical injuries then review and update these measures and all safety precautions on a regular schedule.

Types of Injuries - How Workers Get Hurt

Accidents can happen anywhere and at any time. Many workplace accidents and injuries can be prevented if workers know the causes of accidents and they are taught how to protect themselves to avoid injury. Although no one wants to get hurt at work, there are four major causes for injuries on the job.

Back injuries
The number one cause of on-the-job injuries is physical overload. These injuries are cause by lifting (too heavy a load or lifting improperly), straining, overreaching, bending, and twisting. To protect your back against injury, learn and use proper lifting techniques, never bend or twist while lifting or carrying, and whenever possible, use a mechanical aid or get help with the load from another worker.

Hitting or striking against
The second most common cause of worker injury is being hit by or hitting against an object. The best way to protect against these accidents is to be alert to the potential hazards and to use appropriate protective equipment (hard hats, eye protection, gloves). Be aware of your body and the space around you. Give yourself enough clearance when passing by or ducking under equipment or going through a passageway.

Falls
To avoid injuries from falls, be sure that your footing is firm and wear slip-resistant soled shoes. Watch where you're walking. Don't walk backward to direct equipment or leap from one level to another. Make sure you can see over the load you carry and that walkways are well-lighted and clear of obstacles. Clean up spills or grease spots and use handrails when walking on stairs.

Machine Accidents
The fourth major cause of on-the-job injury is machine-related accidents, that is, getting caught by moving machine parts. When working around any moving equipment (a machine that rotates, slides, or presses) always use safety shields, guards, and lock-out procedures. Only work on a machine that you have been trained to use. Never wear jewelry or loose-fitting clothing that could get caught in the moving equipment.

Be alert to the hazards you face on your job and learn what you should do to protect yourself against accidents and injuries and follow your company's established safety guidelines.

Required Employer Responsibilities

California law requires that:

“Every employer…shall post and keep posted in a conspicuous location frequented by employees and where (it) may be easily read by employees during the hours of the workday, a notice which shall state the name of (the) current compensation insurance carrier…”

The notice must also contain information regarding employee rights and responsibilities and must”…be posted in both English and Spanish where there are Spanish-speaking employees.”

Additionally, the law requires employers to provide a form on which employees may indicate the name of their personal physician or personal chiropractor. The form must be provided to new hires either at the time the employee is hired or by the end of the first pay period.

If you would like free copies, in English or Spanish, of the required posting notice, the brochure explaining an employee’s workers’ compensation rights or the physician predesignation form, call State Fund’s toll-free customer service number at 1-877-405-4545.

Reporting Work-Related Injuries

State Fund’s Claims Reporting Center (1-888-222-3211) is available 24 hours a day, 7 days a week for policyholders to report injuries as soon as they occur. Agents will do the necessary paperwork to get the claim started and refer the injured to the designated physician or provider.

Within 8 hours of any serious illness or injury (requiring hospitalization over 24 hours, other than for medical observation or where there is permanent employee disfiguration) or death occurring in the workplace or in connection with employment, employers must report the incident to the Division of Occupational Safety and Health.

* Some or all articles were reprinted by permission from State Compensation Insurance Fund.