No time or energy

sonny

We use some day laborers in several of our divisions. One gal hurt her ankle yesterday but didn't act to us like it was big deal. Laborer Hall is now in a twit b/c we didn't report it.

I seem to recall there was some change in OSHA regs. regarding this a few years back. (We are not bound to OSHA tho we try to comply as our guideline)

Can someone help as to our report requirements?
Also, whose WC pays? Hard to believe we have not come across this more.
thanks in advance

drehil

For what I remember, if the ee did not seek treatment it is not a reportable event. Someone please correct me if I'm wrong.

NeedCoffee

I think you're right - treatment beyond first aid must be present.

sonny

As usual, I am not being very articulate.
The employee is not ours, rather works for us thro a labor pool. .They are the employer.
She did apparently get treatment, but my question is not about whether it is recordable or not, rather.. .Is it our obligation to report it to her employer? And I assume they pay for the treatment?

Now that I am thinking about it, I think what I remember is that if it is recordable it would go on our OSHA form IF we had to do one?

dixied

If my memory serves me correctly, you would record the accident on your OSHA log, but the treatment would be covered under the temp. agency's WC insurance.

sonny

Thanks, that is what is slowly coming back to me. I am supposed to be hearing from their Risk Management people as to what terrible sin we supposedly committed.
Have a good weekend all. thanks

Dutch2

I agree with Dixied.... when we use a temp. agency if there should be an accident, we record it and do our best to take care of the temp. ee as if they were our own, such as making them comfortable, calling for medical assistance, notifying the Temp agency, etc...; but their Temp. agency is responsible for any costs associated with the accident/injury.

stilldazed

We're in Florida and have a few instances of agency staff injuries in the past. My presumption is that your labor pool is a similar situation as agency staff for us--worker is actually paid by agency to come into our facilities and perform work for us, under our direction, using our supplies, etc, i.e., not independent contractors.

If the agency has insurance, costs for the injury are borne by the agency. If not, and hopefully you confirmed that they have insurance before bringing them into the workplace, then your insurance should pay. If you don't have agency staff covered on your w/c insurance, your liability insurance may have to pick up the bill, or you may just cover the costs as an expense (similar to self insured). W/C law just requires that the worker not bear the costs of treatment for a work-related injury. It doesn't dictate exactly how the costs be covered. Aside from that, you can report the injury to the agency, but the worker also has a responsibility to do the same, and Florida allows up to 7 days to have the injury reported. My only question to you under that vein of thought is whether there is a signed agreement between you and the agency that describes that accidents (with or w/o injury) among labor staff must be reported to the agency promptly, and if so, how promptly--immediately, within xx number of hours, from the medical provider's location if the worker required treatment. In the absence of a written agreement, I think I'd defer back to the agency that their worker bears some responsibility for reporting the incident in addition to you, and suggest that they firm up their training a little if they want to get bent out of shape for your failure to report within their timeline.

best wishes.