Reprinted from the September 1, 2007 issue of MANAGER’S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through real-life dialogue and concrete examples. Click here to view a sample issue, get more information or sign up for a risk-free subscription.

When An Employee Is An Accident Waiting To Happen

What’s a manager to do when you talk about safety procedures until you’re blue in the face, but you still have that one employee who doesn’t always listen? It’s a safe bet that if you don’t do anything, your company won’t be safe from legal liability.

WHERE THE GOGGLES BELONG

Manufacturing supervisor Roy Ames saw Carson Pickford on the plant floor not wearing his protective goggles, as was required by the company’s safety rules. So he approached Pickford and ordered him to put the goggles on. He warned the employee that he would be disciplined the next time he broke the rule.

For the next several days, Pickford wore the goggles at all times. But he soon reverted to his old ways.

When Ames witnessed Pickford working without his goggles again, he instructed the employee to put them on immediately, which he did. Ames called Pickford into his office at the end of the employee’s shift and put him on a three-day unpaid suspension for failing to follow company safety procedures. He also warned him that one more safety infraction would result in termination.

But Ames wasn’t done with Pickford. When the employee returned from his suspension, Ames required him to attend a training program to get refreshed on the company’s safety policies and procedures.

GETTING THE SAFETY MESSAGE ACROSS

Ames did exactly what managers must do to keep employees safe and to avoid Occupational Safety and Health Administration (OSHA) citations, Workers’ Comp claims, and even lawsuits filed by injured workers. Don’t wait until an accident or injury occurs before promoting safety because by then, it’s too little, too late.

• Keep your eyes open for safety violations. Don’t assume that employees, even veterans with pristine safety records, will always follow the rules. Violations may not be intentional, as was the case with Pickford; employees may just forget.

• Never overlook even minor violations for the sake of meeting deadlines or quotas. By not enforcing the rules, you are implicitly giving employees permission to act in an unsafe manner. If an employee gets injured, you may be sued for negligence.

• Act immediately. Never allow employees to continue to work in an unsafe manner. Ames required Pickford to put on his goggles. Say Pickford wasn’t wearing them because he had lost them. The right move would have been to get him off the floor until a new pair was found.

• Train employees on safety issues before they ever set foot on the plant floor or operate a piece of equipment.

• Train them again if their actions indicate that they don’t fully understand safety procedures. Refresher training should be a regularly scheduled event, regardless of violations.

• Impose discipline. If verbal warnings and training sessions don’t do the trick, you must step it up and show employees (and OSHA inspectors) you’re serious. An unpaid suspension or threat of termination could do it.

• Be available for employees who have safety questions or concerns. You never want employees to proceed without getting guidance from you when they need it.

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