Re: What would you do-Workers Comp
OK, I'll try to summerize it for you a little better. I havr a copy of the policy issued by TDCJ Health Services Division. It states : H. Close contacts of a case of chicken pox who do not live on the same cell block or dormitory (work assignment or classroom exposure with more than 1 hour of close contact within 2 days prior to rash onset) should be managed in the same way as outlined for other contacts above. They should be transferred to the quarintined housing area if possible, or their housing area should also be placed under quarintine.. This also applies to staff who are exposed to the case.<br /><br />Then we have the notice required by Texas Administrative Code,TITLE 28 INSURANCE <br />PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION <br />CHAPTER 110 REQUIRED NOTICES OF COVERAGE <br />SUBCHAPTER B EMPLOYER NOTICES <br />RULE §110.108 Employer Notice Regarding Work-Related Exposure to Communicable Disease/HIV: Posting Requirements; Payment for Tests <br /><br />It states
a) Each employer covered by workers' compensation insurance, including state and political subdivision employers, which employ emergency medical service employees, paramedics, fire fighters, law enforcement officers or correctional officers must post the notice contained in subsection (d) of this section, in its workplace to inform employees about Health and Safety Code requirements which may affect qualifying for workers' compensation benefits following a work-related exposure to a reportable communicable disease. The notice shall be posted in the personnel office, if the employer has a personnel office, and in the workplace where employees are likely to read the notice on a regular basis. Specific guidance for employers and employees covered by this subsection is found in §122.3 of this title (relating to Exposure to Communicable Diseases: Reporting and Testing Requirements for Emergency Responders). <br /><br />(b) Each state agency must post the notice contained in subsection (d) of this section, in its workplace to inform employees about requirements which may affect qualifying for workers' compensation benefits following a work-related exposure to human immunodeficiency virus (HIV). The notice shall be posted in the personnel office and in the workplace where employees are likely to read the notice on a regular basis. Specific guidance for state employers and employees covered by this subsection is found in §122.4 of this title (relating to State Employees: Exposed to Human Immunodeficiency Virus (HIV): Reporting and Testing Requirements). <br /><br />(c) The cost of testing for exposure to a reportable communicable disease for emergency medical service employees, paramedics, fire fighters, law enforcement officers and correctional officers shall be paid by the employer's workers' compensation insurance carrier, including state and political subdivision employers. <br /><br />In the notice it says:<br />TO: Law Enforcement Officers, Fire Fighters, Emergency Medical Service Employees, Paramedics, and Correctional Officers -<br /><br />In order to qualify for workers' compensation benefits, an employee who claims a possible work-related exposure to a reportable disease, including HIV infection, must be tested for the disease not later than the 10th day after the exposure and must provide their employer with documentation of the test and a sworn affidavit of the date and circumstances of the exposure. The test result must indicate the absence of the disease. The employee is not required to pay for the test. <br /><br />Reportable diseases are those communicable diseases and health conditions required to be reported to the Texas Department of Health. Exposure criteria and testing protocol must conform to Texas Department of Health requirements.<br /><br /><br />As far as what I "know" was said I don't. I wasn't there when the phone conversation took place. It was explained to me that everyone on the unit level supported me being quarintined. TDCJ legal affairs said that I should not be, in violation of written policy, at least thats the story I got from 2 supervisors.<br />.<br />.<br />.<br />.<br />.<br />.<br />.<br />.<br />.<br />.<br />I originally wasn't gonna post this stuff but some of you don't understand what I am talking about so I clarified it better. I'm sure that I'm not the only one that works for TDCJ in the entire Iboats world. This has probably amounted to political suicide posting all of this too. They like to appear to be squkey (sp?) clean and never do wrong. In the end I think I'm gonna go ahead and contact my doctor for the test to show that I don't have it already, file my workers comp paperwork, prepare my greivance,and let them deal with it. Oh ya, start looking for a new job too cause you KNOW they ain't gonna let me stick around after they are proven wrong.
