Pub. 1 Issue 2

20 www.glancda.org employeeswhohad stated that theywere fired follow- ing injuries on the job. ( http://www.osha.gov/pls/os- haweb/owadisp.show_document?p_table=NEWS_ RELEASES&p_id=23694.) Over the last eighteen months, Norfolk Southern has been fined six times for terminat- ing 11 employees for filing a claim for treatment following an injury on the job. There was also a $300,000 payment to an injured employee from BNSF for denial of benefits following an injury. Rather, BNSF had placed the employee on unpaid medical leave and leveled disciplin- ary action following the injury. Both these cases indicate an OSHA that is critical of employers terminating employees following an injury on the job and therefore assesses hefty compensa- tion for employees & penalties. California has statutory penalty provisions under Labor Code 132(a) that states as follows: Any employer who discharges, or threat- ens to discharge, or in any manner discrimi- nates against any employee because he or she has filed or made known his or her in- tention to file a claim for compensation is guilty of a misdemeanor and the employee’s compensation shall be increased by one- half, but in no event more than ten thousand dollars ($10,000), together with costs and expenses not in excess of two hundred fifty dollars ($250). Any such employee shall also be entitled to reinstatement and reimburse- ment for lost wages and work benefits caused by the acts of the employer. With penalties such as these, it is time that all dealers ensure that no retaliatory action is taken against employees rightfully filing their claim for Workers’ Compensation following a workplace injury. We must note that the California Labor Code 132(a) may not be the limit if OSHA was to assess penalties against employers in the state. WHAT TO DO AND WHAT NOT TO DO NOT TO DO: Do not discriminate against any employee for rightfully seeking treatment re- lated to a workplace injury. There are penalties for wrongful denial and even delays in process- ing the claim. Let the Workers’ Compensation carrier process the claim. If you suspect foul play, alert the carrier. Let them deny the claim if they deem the claim to be non-meritorious. All managers must comply with this policy so that no individual takes action against an employee with a suspected claim. Suspected fraudulent claims should be kept under lid as any discussion of the matter with other employees may cause prejudice against the injured employee, which is prohibited by law. Do not make safety records part of the annual employee evaluation in which salary or promotions are discussed. Any denial of salary increment or promotion based on work- place injury records is prohibited by law! TO DO: Discipline employees for safety rule violations whether related or unrelated to an in- jury, if you meet criteria as follows: • Safety policy has been clearly communicated in writing with acknowledgment from employees • Employees violating safety rules are disciplined when unrelated to injury as well Heat Stress Training and Prevention Both Cal-OSHA and Federal OSHA are requir- ing that employers take affirmative steps to reduce heat stress. This law was enacted in California a few years ago when employers were required to train employees & supervisors for prevention of heat stress. We write this alert to give you guid- ance on the statute and other affirmative steps you may take to be in compliance and to protect employee health. Please note that if Cal-OSHA was to inspect your facility, they will require you to show proof of training on heat stress along with other safety documentation! ONE SALIENT REQUIREMENT OF THE CALIFORNIA CODE IS THAT THE EMPLOYER PROVIDE ONE QUART OF WATER PER HOUR PER EMPLOYEE DURING THE WORK SHIFT.  Preventing Accidents — continued from page 19