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You are here: Home / California Workers Comp / Workers Compensation When Safety Measures Fail

Workers Compensation When Safety Measures Fail

June 18, 2009 By //  by Robert Elliott, J.D. Leave a Comment

Can too much be said about safety in the workplace and following proven safety measures? Employers often work very hard to keep workers safe and control workers’ compensation costs, but a failure to follow safety measures can wipe out all good will and cost savings in just one adverse claim experience.

A Case Study: UCLA Appeals CalOSHA Findings in Worker’s Death

Stating it disagrees with the findings, University of California Los Angeles, (UCLA) is appealing a report recently issued by the California Division of Occupational Safety and Health (CalOSHA) stating the university was to blame for an on-campus laboratory accident in December 2008 that killed a school research assistant.

The university was fined more than $31,000 for allegedly violating laboratory safety protocols and being cited for insufficient training and for researchers lacking proper safety equipment according to a report filed by state inspectors

Cal/OSHA investigated the cause the accident that killed a 23 year old UCLA research assistant,who suffered second- and third-degree burns when the chemical compound she was working with spilled on her and ignited. The report said the research assistant was not wearing a laboratory coat at the time of the accident.

UCLA has paid, in full, the $31,875 fine but is appealing to make sure no citation in the Cal/OSHA report can be held against the university in future proceedings. (workersxzcompxzkit).

The appeal also states a number of the safety failures the university was cited for in the Cal/OSHA report had been fixed prior to the accident but had not been properly documented.

UCLA officials said the university is still committed to improving laboratory safety standards and this process is ongoing.

Author: Robert Elliott, J.D.

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Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.

©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com

Filed Under: California Workers Comp, Litigation Management, Safety and Loss Control Tagged With: California Workers Comp Issues

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