ASP CSP Latest 2023 Graded A+
Risk ✔✔The measure of the probability and severity of a negative event
Probability ✔✔How likely the event is to occur. This includes exposure, the more people
exposed the more likely the
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ASP CSP Latest 2023 Graded A+
Risk ✔✔The measure of the probability and severity of a negative event
Probability ✔✔How likely the event is to occur. This includes exposure, the more people
exposed the more likely the event.
Risk Management Process ✔✔1 Evaluate (Risk ID)
2 Prioritize (Risk Analysis)
4 Cost Benefit (Financing)
4 Implement (Risk Elimination or Reduction)
5 (Administration of Risk Management Process)
Review
Objective evidence which is documentation
Healthy Worker Effect ✔✔Workers tend to be healthier than the population as a whole.
Risk Cost ✔✔Probability x Cost
Residual Risk ✔✔The Risk that remains after the preventative measure have been taken
Threshold Risk Model ✔✔ACGIH
There is some safe level to which everyone can be exposed without increasing the probability of
becoming sick.
No Threshold Risk Model ✔✔There is no safe level. Every exposure increase probability of
becoming sick (ionizing rad)
ALAR
ALARA ✔✔As Low As Reasonably Achievable
Purpose of Incident Investigation ✔✔To prevent re-occurance, retro active, to find facts - not to
place blame.
Notes: Good apple bad apple by Dekker.
OSHA incident rate
Total incident case rate ✔✔total injuries/illness x 200,000/Hrs worked by all employees
200 000 = 2000 hours worked per year x 100 employees
Nat ave is 4
Severity Rate for OSHA
DART ✔✔Days Away, Restricted Work, Job Transfer
OSHA DART ✔✔#Dart Cases x 200 000 / hours worked by all employees
NOEL ✔✔NO observable exposure level
NOAEL ✔✔No observable adverse exposure level
Who Investigates an event ✔✔Can use quality improvement tools
typically per-determined, line supervisor
Start with narrative as soon as possible, repeat facts back to employee
OSHA Logs ✔✔5 years
description of event, preventive measures
Insurance contract ✔✔Declarations - what is covered
conditions - what must be fulfilled if something happens
Exclusions - what is not covered - loop holes
Loss Prevent vs Loss Reduction ✔✔Prevent injury/incident stop light
Reduce injury/incident, seat belt
Workers' comp ✔✔no fault, run by state
temp total dis
temp part dis
Perm part dis
Per total dis
Whole man theory and % pd for parts lost
Lost wages
Experience Modification Rate ✔✔One is the average for the industry. Right now Madison
County MT is at a 1.04. down from a 1.16. We are paying .04% more then the average policy
holder. The lowest you can get (for us) is .75 which means you are paying 25% less than the
average policy holder (in that industry).
The EMR is based on the last three years of data but NOT counting the year you are in - so for
example
13-14 = 1.04
12-13 = 1.16
11-12 = 1.23
10-11 - 1.25
Our EMR for this years premium is based on 10-13 - so we are paying at a rate of the average the
last 3 years.
Product Liability
3 Types
Negligence and sSrict liability is Tort Law. A Tort is a wrongful act
Warrant is Contract Law ✔✔Negligence and Srict liability is Tort Law. A Tort is a wrongful act
Warrant is Contract Law - between buyer and seller or manu
Warrant - contract law ✔✔Buyer sues seller not manu
Plaintiff must prove: violation of warranty
Implied is not written
Two types
Merchantability - will perform which which it is designed
Fitness for use -
Expressed is written
Claims about performance or characteristics
Supplier does WARN of dangers
Negligence - two type of tort law ✔✔Negligence is difficult to prove
Plaintiff must prove
prod is defective
plaintiff operated defective product
Defect caused harm
Man had duty to provide a prod that was free from defect
What a reasonable person would do when using it and the manu. must project
omission (not action - forgetting to release built up pressure
commission - (acting, smoking while filling up the gas tank)
Contributory neg is a defense for the manu.
Strict Liabilty - tort law ✔✔Removed the need to show breach of warranty by plaintive
Plaintiff must prove
same as neg but NOT Manu had duty to provide a pro that was defect free
Defects ✔✔reasonably dangerous characteristics
from
Design - materials, management of energy, safety feature
Manufacturing
Instructions and warnings - misuse and foreseeability, design or warn away
Remember environment used in
Privity of Contract (does not exist any more) ✔✔Only sue seller - in 1916 changed with
MacPhearson vs Buick.
Buyer be ware
Seller be ware
As long as the manu was not involved in the transfer (or sale) from seller to buyer - the manu
could not be used
Defects need to be design out so even in the case of misuse and foreseeable ✔✔Toys and drugs
The manu can be liable even when the product was used in a different manner
3 Parts to a Law Suit ✔✔Complaint - filed
Discovery - gathering evidence
Trial - usually does not happen
4 Parts of Legal Contract ✔✔Agreement
Purpose
Consideration
Competent Parties
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