How OSHA and Workers’ Compensation Interact

Employers likely understand that there are many rules and regulations concerning workplace and employee safety.  Employers must take proper steps to make sure that employees are working in safe conditions that comply with state and federal law.  In California, employers are also obligated to maintain workers’ compensation insurance, with very few exceptions.  Employers need to make sure that they comply with both the California workers’ compensation system as well as other regulations regarding work place safety.  It is important for employers to grasp how workers’ compensation interacts with the California Division of Occupational Safety and Health, also commonly called Cal/OSHA.

Cal/OSHA is administered by the Department of Industrial Relations.  The purpose of Cal/OSHA is to ensure healthy and safe working conditions and protect public health and safety.  They do this by propagating regulations in California workplaces, including amusement park rides, ski lifts, and elevators.  Certain qualifying organizations have injury and illness prevention programs.  These programs are intended to identify risk factors and eliminate dangers before injuries or illnesses happen.  In addition to creating safety regulations, Cal/OSHA also provides safety and health assistance programs to employers and workers including on-site assistance and consultation.

By contrast, the workers’ compensation system is not an administration and does not independently create its own regulations.  Instead, workers’ compensation regulations come from the California legislature.  The workers’ compensation system is not designed to prevent injuries before the occur. Instead, the workers’ compensation system provides wage replacement, medical expenses, and sometimes vocational training for employees who have sustained work related injuries.  The California workers’ compensation system is a “no fault” system, which means that employees are not required to prove the work related injury resulted from any intentional or negligent conduct on the part of the employer; the worker is not required to demonstrate that the employer violated any safety regulations, including those created by Cal/OSHA.

The safer the work place, the less likely it is the employees will sustain work related injuries.  Avoiding work place injuries clearly benefits everyone, and can help the employer keep their insurance rates low.

We have experience with the workers’ compensation system and can talk to you about those regulations and Cal/OSHA.  Call us today for a consultation

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