New OSHA regulations go into effect the first of this year that increase the reporting requirements for employers of more than 10 employees of work-related serious injuries. The December 22, 2014 article in theLas Vegas Business Press states that with increased funding and expanded enforcement Nevada employers have noticed increased OHSA investigations. Reportable serious injuries would include in-patient hospitalization, partial or complete amputations or loss of an eye. Those accidents should trigger immediate investigations, site inspections, witness interviews, and examination of an employer’s safety and training programs. Violations of record-keeping rules can also result in fines and penalties, just like safety violations.I am frequently asked whether an employee may sue his employer for unsafe working conditions that cause a work accident. The simple answer is “no”; the injured worker’s exclusive remedy as against his employer or a co-employee is to receive workers’ composition benefits. The employer who is found in violation of safety standards may be found to be in violation may be subject to substantial fines and penalties, but the money will not be paid to the injured worker or to the deceased injured worker’s family. See NRS Chapter 618.
OSHA Regulations on Reporting Fatalities and Serious Injuries in Nevada
By Jason Weinstock on January 5, 2015 Posted in Uncategorized,Workplace safety
Tags: exclusive remedy, safety