3. Did the company monitor compliance with the safety rules?
“OSHA expects you to ensure your employees are following the rules,” Principe says.
This is where documented periodic workplace inspections by supervisors can make a difference.
4. Were the rules enforced through progressive discipline?
“Many companies make the mistake of only enforcing rules when there is an accident,” Principe says. “Continual enforcement is necessary, combined with progressive discipline.”
An initial infraction might result in a verbal reminder of the safety rules.
Repeated offenses might result in more severe penalties, up to and including dismissal.
Supervisors should create written records of all the above steps. Such documentation can be of immense help during an OSHA inspection that may result from an accident. It will provide company representatives with the information required to answer the questions from inspectors.
Because dealing with an OSHA inspection can be intimidating, Heppner recommends the use of a binder that contains the company’s safety protocols for each section of the workplace. This document will serve as powerful evidence that the company is conscientious about maintaining a safe environment.
“Just slide the binder across the table to the OSHA inspectors,” Heppner says. “It will answer most of their questions.”
The notebook can also serve as a blueprint for staff training during the year and a quick refresher course prior to OSHA’s arrival.
Being proactive
With the threat of a recession on the horizon and an ongoing battle with inflation, it’s natural for managers to devote their energies to the challenges of marketing, production and fulfillment. Because of this, it is little surprise that the time and expense required to establish and maintain an effective safety program can appear to be an unwelcome pressure on the bottom line.
“Having worked on a wide variety of OSHA fatality cases, I know that one of the biggest mistakes supervisors make is to think that employees are responsible for themselves and if they make mistakes, it’s at their own risk,” Nichols says. “That’s not true. It is the supervisor’s obligation to look out for them and correct non-compliance. It’s the employer’s obligation to establish policies that keep workers safe from harm.”
Phillip M. Perry is an award-winning journalist who is published widely in the fields of business management, workplace psychology and employment law.