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Employers must record each injury and illness that is work-related is a new case and meets one or more of the general recording criteria a five-step process can be used to determine whether an injury or illness meets these criteria the five-step process begins with a series of yes-or-no questions if the answer to the first question is yes then move on to the next question if the answer is no the injury or illness is not recordable the four questions that need to be asked are decision one did the employee experience an injury or illness decision two is the injury or illness work-related decision three is the injury or illness a new case and decision four does the injury or illness meet the general recording criteria or application to specific cases if the answer to these four questions is yes record the case on the facility osha logs the following sections will help employees answer these questions based on the facts of each case.

FAQ

What's the shadiest tactic you've witnessed HR use at your job?
A couple years ago, I was a junior supervisor at a medium sized company (name withheld for legal reasons) in the Netherlands.It was a nice company to work for. Then an American and Harvard graduate (let’s call him Asshole) bought the company and started running it personally. He thought by applying US tactics he could corner the market. The first thing was by decreasing costs. By costs he meant employees.In my country we have strict laws that protect employees. He thought he found a loophole. We never found if it worked because he never got the chance.His wife (The Bitch) started a new company (Bitch Company). Rented some office place. Flew some Americans in to run the upper, senior and junior positions. But there were no other personnel.The plan was to close down our company. That was possible because it was a private owned company. He would inform us during a meeting, and during the meeting a rival company (Bitch Company) would offer the ex-employees jobs for far lower wages etc.He and his American upper staff also needed help from some senior Dutch people. He offered them nice bonuses and good positions for their silence. They all agreed (Backstabbers) except one (Saint). He was the most senior. Worked in the company for 30 years. He said he agreed and he went the same night to the old owner (Old Saint). Told him what happened. The ex-owner was shocked. He and his family had that company for more than 50 years. He sold it only because his children did not want to run that company.He called his children over. Explained what happened and they came up with an idea. His son started a new company across the street. But there were ZERO employees. The building was fully equipped with all the equipment and furniture they needed.Two months later ALL the employees got invited to an emergency meeting by mister Asshole.He looked sad and regretful. He told us that, because of personal reasons, he was closing the company today. He did not like it but he had no choice. But he would make sure that we found jobs so all night long he called rival companies to find jobs for us and he managed to find one that would hire most of us today. He had invited the rival company CEO (Prick) and their HR over to the meeting.The Prick told us he was sad to hear what happened but not worry because he was here to help. But he had to be honest. He was taking a big risk by hiring so many people at the same time. So his hourly wages were far lower and this was an one time offer only. You could not later ask for a job. You had to take it NOW. Take it or leave it.Mr Asshole thought most people would be desperate enough to accept it. And by accepting the jobs immediately they would get no severance packages, otherwise, by Dutch law, to each person he fires he has to pay a large percentage of their monthly pay every month for a half year. But that only counts until one has a new job.IT DID NOT WORK???Old Saint and his children had invited me and around a dozen others of the company. We got informed what would happen and of their plan. We were the ones that were in key positions. Junior supervisors, HR, Payroll, Operations, ICT etc. We were the ones they needed. We all agreed.We copied all the customer files. We looked it up it was not against company policy. Our new owner probably thought we had that policy. We copied all the data, records we could get our hands on. It did not matter what it was about. We informed trustworthy customers about the situation and the plan. We slowly started informing trustworthy employees who we knew who could keep their mouth shut. Before the emergency meeting got called we had all the info we needed.Two hours before the emergency meeting we told all our employees what the new owner would do and what the old owner’s plan was.When the Prick told us it was a one time offer only and that if one wanted a new job they had to sign now, we ALL stood up without a word gave them the FINGER and left the room and building and crossed the street to the new company of Old Saint.The Asshole, Backstabbers, Prick, and his HR all came running after us to stop us. They even had security with them. They did not understand what was happening. At the entrance Old Saint stopped them and said they were not allowed to enter. The Asshole was confused and angry and demanded to know what was happening. Old Saint told Mr Asshole he was a smart guy so he had to find out himself.While they were arguing downstairs we managed to sign over 91% of the clients to our new company.The Asshole was livid when he figured out what happened. He even sued? But the judge ripped him a new asshole in nice legal terms.And that is not all. We worked the first six months in our company as unpaid volunteers and unpaid interns. By doing that Mr Asshole had to pay 70-90% of our monthly paychecks.And the funny thing is each of us got, each month throughout those six months, a white envelop in the mail. There was no info on it or any letter in it. But there was cash money in it in used eurobills.More funny is that that amount was the same amount we would have gotten if we worked at our new company as paid employees.After six months we ALL got permanent contracts.Mr Asshole lost almost all his money. He hired some new people and tried to get his customers back. None came back. The customers he had left started leaving him because he could not perform. He was then forced to sell his company. Nobody was interested. He had almost no employees and few customers and a bad reputation. He then sold all the equipment, computers, and furniture of the company. Most of the stuff we bought cheap through a shell company. His wife left him and took half of his remaining money. He eventually moved back to America.Edit: There are a lot of questions about what happened to Mr Asshole. How he did not know the Dutch laws etc.In my opinion a lot of expats have trouble adjusting to the culture and rules of the new country. They often know about the relevant laws but they have trouble believing them or they think they can outlawyer(not sure if this is a real word) them. Especially if they are rich and powerful.Closing the company was his last plan. Beforehand he tried lot of schemes to get rid of people, lower our wages etc but we were and are protected by the Dutch laws. The scheme with a new company was his last shot.Mr Asshole probably thought he could hire a bigshot lawyer and drag it out for years and win. He thought wrong.He eventually moved back to The United States. He started working at FedEx at a far lower function to make ends meet. My boss kept tabs on him.
How can I report OSHA violations?
If your state is under the jurisdiction of Federal OSHA, you will file a complaint with them via phone, mail/fax or online. See:OSHA Complaint PageIf your state has it’s own occupational safety and health program, your complaint will be forwarded to them, or you can contact that state division directly:OSHA State Programs PageIf your complaint involves a hazard that is an immediate life threat, you should make your complain by phone for quickest action.Expertise: Workplace Safety Instructor in San Diego, CA
What types of forms can a person fill out to dispute a parking violation that he/she received?
It depends on the issuing authority. The appeals process is typically on the back of the citation. If you are going to write any of the following on the appeal…I didn’t knowI didn’t see the signI was lateI was only there for a little while or anything of that natureDon’t waste your time, short of there being no signs at all. You are going to pay the fine. So skip fighting it and just pay the fine.
When have you fired someone on the spot?
Only once did I ever fire someone “on the spot.” I was a manager at a large law firm, and had an employee who thought she could get away with anything. Let’s call her Sue.Because we were dealing with a massive litigation case at the time, we had mandatory overtime. In fact, employees were required to be there from 8am until midnight six days a week. They were well compensated for this, including meals being reimbursed up to $20 for lunch and $30 for dinner, every day, and overtime being paid at 3x base salary instead of 1.5x, because of the massive amount of time required. Additionally, for every 2 weeks worked, 8 hours of paid time off were applied to their pot, for as long as they remained with the firm. (That is, if they resigned or were terminated, that accrued time was forfeited, as a way to keep the employees motivated and honest.) During this time, however, they were PROHIBITED from taking any time off for about a 9 month period, except for verifiable emergencies, the employee was required to bring a doctor note, ER discharge, something verifying the “emergency,” beyond just word of mouth.Sue took as much time in breaks, as she spent time working (literally, every 30 minutes she was off for another one for 15 minutes. Like clockwork.) Because of the hours, employees were granted 15 minutes every 2 hours without any approval ‡ they just needed to notify a leader that they would be away for a few minutes. If they needed more breaks due to a medical issue, they could request them with proper documentation. Since there is no “medical need” to smoke, she couldn’t even try this.Approved lunch was one hour and was PAID. By the end of that 60th minute, employees were expected to be back at their desk, ready to start again. Sue believed she had some seniority privilege that would allow her more time. She believed she could come back, then go for another smoke break.For dinner, also one hour but UNPAID, she did the same thing, somehow thinking that she was eligible for her “next” break the moment she returned to her desk, all the while not realizing that she had already taken more breaks than were approved.Well, Sue liked her time off. Right before the Christmas holiday the year she was fired, she decided to call in sick. This was also pay day. She called off sick, then waltzed in to pick up her check. I had to politely tell her that since she was not “at work,” she could not pick her check up until the next work day. (Perfectly legal, since she called off “sick.”) So, I advised her she is “under review,” and she must pass her performance review in order to receive her annual bonus and raise, and that if she did not pass this review, she would be on probation, and could be terminated for even the slightest of things. (*Note: I would not be the person evaluating her for the performance review ‡ that would have been a manager of another department. Just for neutrality, we did not review our own employees. However, if it was a review precipitated by some action, managers COULD direct what were to occur based on the results of the review.)Well, Sue went all Sybil on this. I thought her head was literally going to start spinning and spewing green stuff she was so furious and demonic in her statements. She then began threatening me, that I “didn’t know who I was screwing with.” She then used a couple of pejoratives that brought the situation to a climax. I went into my office, notified my supervisor, HR, and security, and then told her she was terminated, effective immediately.She actually had the gall at this point to demand pay for her accrued time. Needless to say, we reminded her of her contract and that the accrued time was forfeited if terminated.She attempted to sue both me and the firm over this, citing wrongful termination, discrimination, and sexual harassment, but needless to say, suing a law firm, especially pro se, is a tough feat. By the time it went to court, we had documented all of her breaks that she put in to be paid for, her excessive time on meal breaks, and filed a countersuit. We found that she was paid $30,000 in time not worked. (Employees were being paid $22 per hour, and $55 for OT.) In short, she got smacked with a judgment of $75,000, after court costs and attorney fees.A month later, she was in a major car accident and was paralyzed. The firm chose to waive the judgment out of kindness and compassion.
What company has gotten the most OSHA violations? Is it possible to beat their record?
This information is now freely available online since the 2021 disclosure about a Tyler, TX Foundry w/ repeat violations.Below is the link to the worst safety violators:Naming names: “The Dirty Dozen” IDs the worst safety violatorsMore interesting is OSHA now has to disclose the injury rate which resulted from the violation.OSHA Ordered to Disclose Injury Rates of Worst OffendersThe link below is insightful. In announcing that incident rates are posted online, the piece also speaks to why people should want to know this information. A competitor for example.OSHA Incident Rate for Individual Companies Now Posted OnlineWith respect to the second part of your question “is it possible to beat their record”. I don’t know enough about OSHA to say how bad a record a company could have and still be allowed to operate.I suspect there is some element of trip wiring into the system where, after a certain amount of violations, the company is penalized or closed down. But I don’t know for sure. However, if such a system exists, then there is a limit as to the probability of beating a violators record.Thanks for the A2A. Hope this information is useful to you. enjoy your evening.P.S.: Stock investors who own refineries, manufacturers, transports, etc. A companies OSHA record is a good indication of how well a company is run. Just a thought.
What did you learn in the military that has been useful for your civilian life?
Two important things. And it took me a long time to acquire these “skills “. The most important things the military taught me are to stay calm in every situation, not to make a big deal out of minor mishaps and to appreciate what is important in life.Soldier, not giving a f... in Iraq (cnn.com/getty images)In basic training you got yelled at, then during your army time your commanding officers always expect the impossible from you: Getting up, showering and shaving, eating breakfast, then cleaning up the place and shining your boots and all in 10 minutes?After a while I figured out that they really do not expect you to finish all these tasks so quickly. They just want to see if you stay cool. It's a game.Then as a paratrooper I went to jump school, more screaming involved. Worst time however was during Non Commissioned Officer training, where this “game” almost went too far. Staying in the rain and building trenches for days and then having a written test in the classroom at 3 o'clock in the morning about military tactics.Later I fought in two wars and I remember one situation that really taught me to stay calm. We were advancing on a road when two enemy tanks showed up and started firing at us. One Croat soldier was very worried and came to talk to one of my friends to ask him what to do. My friend was an old veteran and when this guy almost screamed at him: “There are two tanks?”, my friend just shrugged, smiled and in the calmest voice said:“So what?”I was impressed. This moment I decided that if this guy keeps his calm in every situation, I can do the same.We all have our worries, but often we lose perspective. Even small things rob us of our calm. If this is happening to me I always remember those people I met during the war, people who basically lost everything they had and loved. Then my actual problems seem much smaller and are usually easier to solve or if not, at least I can live with them.In civil life, when people around me get angry or worried for absolutely nothing I usually keep my calm. I mean, after all I went through during the war it would be somehow a desecration of my memories if I would start to make a fuss about every little problem that I encounter in life. War teaches you what is really important.