WORKER PROTECTION RESOURCES OSHA General Duty Clause the employer. The Federal law is enforced by the U.S. Department of Labor Occupational The Occupational and Safety Act (OSHA) of U.S. Equal Opportunity Commission 1-866-487-2365 • www.dol.gov 1970, Section 5 (a) (1) states that employers must (EEOC), 1-800-669-3362 or 1-617-565-3200. The Occupational Safety & Health Administration (OSHA) furnish to employees a place of employment free Massachusetts counterpart is enforced by the 1-800-321-6742 • www.osha.gov from recognized that are causing or are Massachusetts Commission Against Discrimination likely to cause death or serious harm to employees. (MCAD), 1-617-727-3990. U.S. Department of Health and (HHS) Employers must comply with occupational safety www.hhs.gov and health standards issued under the Act. Workers’ Compensation Centers for Disease Control and Prevention Recognition Workers’ Compensation is an insurance system 1-800-232-4636 • www.cdc.gov Policies/Protocols that subsidizes part of your wages if you are National Institute of Occupational Health and Safety Policies are formulated by the employer, perhaps, injured on the job or contract a work-related (NIOSH) but not necessarily with input from the workers & Control illness. It is a no-fault system, which means that 1-800-232-4636 • www.cdc.gov/niosh directly involved. It is the employer's responsibility you do not have to prove negligence to collect to review, update and promulgate policies as they wage and medical benefits. However, the burden is U.S. Environmental Protection Agency (EPA) are created, as well as to provide the training, on you to prove that your disability is work-related. 1-617-918-1111 For Nurses and Other safety equipment and information as required by You must file a first report of injury as soon as you U.S. Food and Drug Administration (FDA) the policy or OSHA. It is the employee's are aware of being injured, whether or not you are 1-800-463-6332 • www.fda.gov Health Care Workers responsibility to work accordingly to the policy and able to continue working. Since the regulations U.S. Equal Employment Opportunity Commission (EEOC) to notify management when unsafe working concerning Workers’ Compensation are complex 1-800-669-4000 • www.eeoc.gov conditions exist. Management may attempt to and subject to change, you may consider hiring an U.S. Federal Information Number: 800.688.9889 change your job or working environment, but must attorney familiar with this area of the law to negotiate any changes in your conditions of represent you through the various phases. American Association of Occupational Health Nurses employment. It is the employee's Information is available to you from the (AAOHN) about workplace hazards, have proper training, Massachusetts Department of Industrial Accidents. 1-800-241-8014 • www.aaohn.org personal protective equipment and appropriate Regional offices are in Boston, 1-617-727-4900; In Massachusetts resources to do their jobs safely. Employees Lawrence, 1-978-683-6420; Fall River, 1-508-676- Department of : covered by collective bargaining agreements 3406; Worcester, 1-508-753-2072; Springfield, 1-617-624-6000 or 1-617-624-5621 • www.mass.gov/dph should notify their union committee as soon as 1-413-784-1133 and for the hearing impaired, Department of Labor & Occupational Safety: policy changes are mentioned or become known. 1-800-224-6196. 1-617-727-3452 • www.mass.gov/dol Americans with Disabilities Act Reporting Hazardous Conditions to OSHA Massachusetts Department of Industrial Accidents The Americans with Disabilities Act (ADA) and Employees may report uncorrected workplace www.mass.gov/dia Massachusetts General Laws, Chapter 151B (MGL- hazards to OSHA (see government listings U.S. Department of Environmental Protection: 151B) are both written to protect an individual Department of Labor in telephone directory). 1-617-292-5500 • www.mass.gov/dep with disability who meets the skill, experience, Additionally, you should notify the union. OSHA education and other job related requirements of a Massachusetts Nurses Association: will investigate claims of unsafe conditions and Division of Health and Safety position held or desired, and who, with or without require correction. Penalties may be assessed 1-781-821-4625 • www.massnurses.org reasonable accommodation, can perform the against the employer. essential functions of the job. Discrimination Massachusetts Committee on Occupational Safety against the handicapped is prohibited in all aspects Whistleblower Protection MassCOSH: 1-617.825.7233 • www.masscosh.org of the employment process including application, The federal government provides Whistleblower Western MassCOSH: testing, hiring, assignments, evaluation, Protection to those employed by U.S. 1-413-731-0760 • www.wmasscosh.org disciplinary actions, training, promotion, medical governmental facilities and in those businesses Additional Federal, State and Local Agencies examinations, lay-off/recall, termination, with federal government contracts. Some states Consult the government listings in the telephone compensation, leaves of absence, and benefits have comparable laws and regulations. In directory under: Consumer Protection • Environment Massachusetts, call the Attorney General’s Office, among others. Reasonable accommodation is Protection • Labor • Health required unless it would impose undue hardship on 1-617-727-2200. CAUTION Recording & Reporting Recognizing Workplace Hazards Recognition Types An injury or illness attributable to an event or • Biological: Bloodborne Pathogens - HIV, process within the work environment may be an B, C, D, E; Airborne Pathogens - TB, surgical occupational illness or injury. smoke; Contact Pathogens - MRSA, C.difficile Reporting • Chemical: Disinfectants, sterilizing agents, Report injury or exposure to your supervisor, and cleansers, housekeeping products, latex proteins, those responsible for employee health and lab chemicals, and chemotherapeutic agents. safety, immediately. Introduction • Mechanical: Pinch points and sharp injuries. Working in a health care environment can Recording • Physical: , , lasers, heat and cold. present hazards to your health. Health care A permanent written record of the date, event workers have suffered from back, neck and and symptoms should be made. The recording • Psychological: Shiftwork, workplace violence, shoulder injuries, as well as skin, respiratory, form should be the OSHA 300/301 form and a job stress, downsizing. cardiac and infectious diseases. Many of these Massachusetts Department of Industrial • Ergonomic: Lifting, bending, pushing, pulling, Controlling Workplace Hazards ailments have been caused or aggravated, Accidents injury form. Always keep a copy of any and static postures. Methods to control hazards include: directly or indirectly, by the environment and written report for your records. • Elimination of hazardous materials and conditions under which they work. OSHA Recordable Incidents Measuring Workplace Hazards dangerous activities. This pamphlet presents information that will Incidents that result in medical treatment, loss of Dose - What quantity of a hazardous substance is • Substitution of less hazardous materials and assist you, the worker, to: consciousness, lost time from work or a job the worker exposed to? modification of actions to eliminate danger. • Recognize the hazards present in the health change are OSHA recordable. Duration/Frequency - How often and for what • provide mechanical care work environment Many incidents are not OSHA recordable but still amount of time is the person exposed? equipment to contain hazardous materials or • Locate sources of information to control or require a written report to document and actions. eliminate hazards Toxicity - How toxic is the hazardous substance? establish that an incident occurred. • provide policies which • Recognize, report, and record occupational Personal Characteristics - What is the sensitivity, An is any injury which results limit workers exposure to hazards and illnesses and injuries age, sex, and health of the person working with from a work accident or from a single the hazardous substance? modification of actions to eliminate danger. instantaneous exposure in the work Keys to Controlling Workplace Hazards Contact vs. Exposure - Are adequate hazard • Personal Protection Equipment (PPE) provides environment. • Commitment on the part of workers, control measures in place to prevent exposure? barriers and filters to hazardous materials and management, and the administration to An Occupational Illness is any abnormal substances. PPE may be used in conjunction Contact with hazardous materials occurs when identify and control hazards condition or disorder, other than one resulting with other types of controls. a person interacts with a toxic agent, with or • Education to recognize hazards and from an occupational injury, caused by exposure without personal protection equipment (PPE). An example of control includes understand the control process to environmental factors associated with A nurse mixing chemotherapeutic drugs – with handwashing and universal precautions. • Assessment of the work environment for employment. It includes acute and chronic or without gloves – has had contact with hazards illnesses or diseases which may be caused by Sources of Information in the hazardous materials. • Worker health surveillance programs inhalation, absorption, ingestion, direct contact, Workplace or repeated trauma. Exposure occurs when a person contacts Personal Responsibility hazardous material without personal protective • Unit/Department Supervisors • Become safety conscious for yourself and others equipment, and therefore has an increased • Safety Directors • Know your work environment and recognize of experiencing an occupational injury or • Safety Committees hazards illness. A nurse contacting infected with • Material Safety Data Sheets (MSDS) • Attend occupational safety and health HIV, without gloves, has been exposed to a • Product Information hazardous substance. educational programs • Professional Journals • Follow protocols to control hazards • Occupational/Employee Health • Report unsafe conditions