Construction Safety

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Week 2 Discussion

COLLAPSE

1.In my opinion, there’s a little truth on both sides. Medical care costs are higher when part of a workers’ compensation (WC) claim in California for a variety of reasons. One factor could be a lack of cost containment with WC claims. Employees do not pay any premiums or share in any WC medical costs. Providers are paid on a fee-for-service basis. So, there is very little cost containment with WC claims. Along with cost containment issues, another factor is medical visit containment. Medical visits on average are higher for WC claims that non-WC claims. This would include pharmacy transactions. When employees do not see the bills and providers get paid by fee-for-service, it’s not difficult to see how little either would care about cost efficiency. On the other side of the coin, I would agree that insurance companies try to influence treatment decisions from providers and probably even use a “strong-arm” tactic with them if they fail to comply. Of course, the health provider will give an employee the option for treatment, it may just come with a hefty price tag.

2.According to Goetsch (2013), employees have a right under the OSH Act to “complain to an employer, union, OSHA, or any other government agency about job safety and health hazards.” In addition, this right is protected against punishment for an employee who exercises it. Yes, the action was not only appropriate but a part of the employee’s responsibilities under OSHA standards. If the carpenter had not followed through with his/her responsibility to report hazardous conditions, he/she at the very least might have been found comparatively negligent. That is, the employee would have had a share in the liability should an injury occur or violation issued.

References

Workers Compensation in California. Retrieved from https://www.csus.edu/indiv/h/heflintl/group/section-2/group-4/derek%20web%20page/costs.html

Goetsch, David L. (2013). Construction Safety and Health, 2nd Edition. Upper Saddle River, New Jersey: Pearson Education, Inc.

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-Discussion 2

1 I find several reasons for this example. If back injuries are 43% higher when part of workers’ compensation rather than medical insurance it could be based on the severity and the way the injury happened. If the injury or medical state was caused by a workplace condition, the employer is required to pay for those injuries with worker’s compensation. Workers compensation implies getting paid for their treatment and most likely the worker will get money out of his/her injury. Having workers’ compensation is a great benefit when working especially in those trades that could be dangerous. The problem could come when people take advantage of this and pretend getting hurt just to get the money while they “cannot work”. Medical insurance I see it more for daily life diseases or sickness that not necessarily has to happen while working. I see people getting workers compensation when they perform heavy tasks and are more likely to get a back injury. That is why is important to follow protocol and do research on how the injury happened to verify the injury was not caused in purpose to get money.

2. The actions of the carpenter was appropriate but this is also considered whistle blower. The company is not in their right to fire him because of calling them out for an safety violation, but by telephoning his union representative instead of someone within the company he got the company fined. I believe he went a step too far and probably the company do not find him reliable anymore. If the company has a different reason for firing and dig into his history with the company then the company could use it as an excuse to fire him. The carpenter did good by worrying about the safety of the workplace but he should’ve talk to someone within the company first to do not put himself in that position.

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Discussion 2

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1.Since the group medical insurance plan splits the costs into the several individuals (employees and its dependents) involved in the plan, these costs tend to be less by keeping premiums low.  On the other hand, workers’ compensation medical costs are to be affected by changes to Medicare reimbursement rates.

2.Per the OSHA Act, an employee who decides to complain to their employer about unsafe or unhealthful working conditions cannot be transferred, denied a raise, or be fired. The carpenter has the right to file a complaint of the employer if he thinks the employer is doing something unsafe that may cause a hazard, which in this case having no handrails is a potential hazard for falls.

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Discussion 2

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1.  I believe that the proponents of workers’ compensation are correct by arguing that injured employees are receiving more and better medical care. Workers compensation was created to fund the medical costs of injured employees and to also aid in lost wages due to their injuries. The text states that, the theory behind workers compensation, is that in the long run, both employees and employers benefit more than either would through legal action. In my opinion, I would support this statement. However, I also believe that workers compensation poses a problem when fraudulent claims are made. It is often much easier for unmotivated workers to take advantage of the system rather than continuing to work in strenuous labor jobs. According to the National Insurance Crime Bureau, Workers’ compensation claimant fraud and medical fraud are significant contributors to our nations annual $30 billion insurance fraud problem. 

2. The firing of the employee was not lawful under OSHA standards. The action of the carpenter was appropriate under OSHA standards. Removing guardrails from stairwell openings, floor openings, and open-sided stairs immediately creates an unsafe working environment for all employees working on the job site. It is an employee’s right to report any job safety and health hazards  without retribution under section 11 (c) of the OSH Act. More specifically, section 11(c)(1) of the Act provides: “No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any riht afforded by this Act.”

References

https://www.nicb.org/sites/files/2017-10/WorkersCompMedFraud.pdf

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Discussion 2 -

1. In my opinion workers' compensation medical care costs are higher because there is abuse of the system by both injured employees and their physicians. You even hear it out there with the workers, people tell you how they know of a friend that got injured and kept claiming to be injured for a long time even though they were fine, or how they arrange some deals with the doctors so both keep getting helped.

2. I think the carpenter did what he had to do and got fired unlawfully, if the company wanted him to remove this safety equipment, they had to specify why they had to do this and provide some other type of PPE, some alternatives to stay under OSHA regulations.Bottom of Form

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DQ Week 2

1. I'd like to say that workers' compensation has different regulations per state. I even wonder if each company has a set of guidelines. From an insurance stand point, I have to agree with proponents of workers' compensation. If I remember correctly, I used several insurance companies to offer employers and their employees coverage and each varied. The broadest coverage was usually the most expensive. My mother works for one of the HEB warehouses and they have a group of physicians and healthcare personnel they see if there is an injury on the job. They are entitled to their seek out their own medical care, but everything is expedited when the worker uses the providers covered under the plan. Where I work now we have an occupational health nurse. If I were to get injured on the job, back injury or needle stick, I would have to call the house supervisor on duty, fill out a report and then usually we go to one of our facilities and get a follow up by the occupational health nurse and human resources. As in most fields, we are drug tested and checked for exposure if it was a needle stick. The providers suggested by workers' compensation are experienced in that area. Speaking from a healthcare standpoint, I would not really trust my family doctor to provide the best care possible. I wouldn't see a pediatrician. Many healthcare professionals are very proficient in a particular specialty.

2. I would say the carpenter should have first spoken with the supervisor as to why the guardrails were removed. There is no clear reason stated. Otherwise the decision of the carpenter to speak with his union representative was adequate. The firing is unlawful, and should be protected under the whistleblower protection. Jones Construction is guilty of retribution by firing the carpenter.