Blog - Month: April 2026
Report, Investigate Near Misses to Improve Safety
One of the most important workplace safety tools you can implement is reporting near misses and correcting the factors that lead to them.
A near miss is an event that could have led to a workplace injury, illness or death. While you are not required to report near misses to your insurer, you should take note of them because they can help identify deficiencies in your safety protocols.
You should use near misses as a starting point for inspections that can help prevent actual workplace injuries. But you can’t investigate what you don’t know, so it’s crucial that your staff report such events.
What is and isn’t a near miss
An OSHA fact sheet defines a near miss — or close call — as an incident in which no property was damaged and no workers were injured, but given a slight shift in time or position, damage or injury could have occurred.
Resist the urge to chalk a near miss up to luck. The fact sheet stresses that although near misses cause no immediate harm, they may precede events in which a loss or injury could occur.
Typically, near misses are the result of a faulty process or management system. Your goal should be to investigate where the breakdown occurred and how it can be improved.
A near-miss program
Near-miss reporting is vitally important to preventing serious, fatal and catastrophic incidents that are less frequent but far more harmful than other incidents.
The National Safety Council recommends that the following be included in your safety program:
- Clearly define “near miss.
- Establish a reporting system that reinforces that every opportunity to identify and control hazards must be acted on.
- Investigate to identify system weaknesses or employee actions that led to the near miss.
- Use investigation results to address the failure that led to the near miss and to improve safety systems.
- Use the lessons learned and new protocols in employee safety training.
Reporting system
Encourage your workers to report such incidents because they may occur out of sight of a supervisor or manager.
Provide clear instructions for all personnel on how to report near misses, including who to report to. Create forms that detail what happened and why it constituted a near miss.
Do not retaliate against any employee for raising a near miss or other safety concerns. Instead of trying to assign blame when investigating a near miss, focus on what precipitated it.
Case studies
A chemical manufacturer tracks lower-level claims and near misses to identify areas where more significant injuries are likely to occur. The company encourages employees to resolve issues on a temporary basis until permanent controls can be implemented.
Another manufacturer uses near-miss analysis to head off future incidents. It uses an event system that records near misses, including detailed information on what led to them and the lessons learned. These lessons are shared throughout the organization.
Hand and Power Tool Safety Can Avoid Amputations, Worse
While tools used in construction, agriculture, manufacturing and other industries make workers’ lives easier, they can also pose a danger of injury or death if used incorrectly or if they malfunction, to the worker using the tool, co-workers and the public.
Injured workers may suffer pain, recovery challenges and the possibility that they may be unable to return to work, while your company could face OSHA fines and higher workers’ compensation premiums. If a third party is injured, buckle up for the inevitable lawsuit, which can explode into a multi-million settlement or judgment.
To reduce the chances of these scenarios, employers must train workers to recognize hazards associated with the tools they use and follow procedures necessary to prevent injuries.
Hand tools
Hand tools include anything from axes to wrenches, and the greatest hazards they pose result from misuse and improper maintenance.
The employer is responsible for the safe condition of tools and equipment used by employees, while workers are responsible for properly using and maintaining their tools. Employees should be trained to report any issues to management so tools can be removed from service or repaired.
Power tools
Power tools pose significant risks to workers, including cuts, amputations, eye injuries, electric shock and hearing damage, particularly when used improperly or without safeguards. Many incidents stem from inadequate training, lack of maintenance or the removal of safety guards, which can turn routine tasks into serious hazards.
Guards
Hazardous moving parts of power tools must be safeguarded. For example, if exposed to contact by employees, belts, gears, shafts, pulleys, sprockets, spindles, drums, flywheels, chains and other reciprocating, rotating or moving parts of equipment must be guarded.
Ensure that all tools with moving parts have guards to prevent workers from contacting them. Employees who use equipment that requires guarding must also avoid wearing loose clothing or jewelry to avoid deadly entanglement.
Electric tools
Employees using electric tools must be aware of several dangers; the most serious is the possibility of electrocution. Among the chief hazards of electric-powered tools are burns and slight shocks, which can lead to injuries or even hearing loss.
Even a small amount of current can result in death. Electric shock can also cause the user to fall from a ladder or elevated surface, elevating the risk substantially.
Powered abrasive wheel tools
Powered abrasive grinding, cutting, polishing and wire buffing wheels create safety problems because they may produce flying fragments.
Workers can protect themselves with proper attire that resists impact from sharp fragments and shielding that protects the hands, neck and face.
Pneumatic tools
Pneumatic tools are powered by compressed air. Examples include chippers, drills, hammers and sanders, all of which pose several dangers. The main one is the danger of being struck by a tool attachment or a fastener used with the tool.
Powder-actuated pneumatic tools operate like a loaded gun and should be treated with the same precautions. They are so dangerous that they must be operated by specially trained employees.
Hydraulic power tools
The fluid in hydraulic power tools must be an approved fire-resistant fluid and must retain its operating characteristics at extreme temperatures. Never exceed the recommended operating pressure.
Employees and employers must work together to establish safe working procedures. If there is a hazardous situation, it should be brought to the attention of the appropriate individual immediately.
A final word
Employers can reduce risks by implementing formal training programs, enforcing the use of personal protective equipment and ensuring that tools are regularly inspected and maintained.
Importantly, workers should inform supervisors if a tool is not working properly, is lagging or has loose parts. Malfunctioning tools must be removed from service and either repaired or replaced.
AI Deepfakes Fuel New Wave of Workplace Harassment
The rise of generative artificial intelligence is creating a troubling new category of workplace risk: employees using AI-generated “deepfakes” to harass, humiliate or retaliate against co-workers.
While harassment claims are nothing new, employers should be aware that this emerging form of misconduct is already appearing in lawsuits and is expected to grow as AI tools become cheaper, easier to use and more realistic. These incidents can involve sexually explicit fake videos, manipulated recordings depicting an employee violating company policy or altered audio suggesting someone made offensive or abusive remarks.
It’s important that employers understand this emerging form of workplace harassment.
Recent cases
In one recent case, a law enforcement officer alleged colleagues created and circulated an AI-generated video depicting him in a sexualized scenario meant to mock his sexual orientation. In another, a television meteorologist sued her employer after deepfake sexual images using her likeness were circulated and, she claimed, the issue was inadequately addressed by her employer.
Appellate courts have also upheld significant verdicts where employers failed to act after deepfake content spread within organizations.
Compounding the risk, the volume of deepfake content is exploding. Reports have found millions of deepfake files circulating online, with sexually explicit content making up the majority. As these tools become more accessible, misuse in the workplace is expected to increase.
Existing laws still apply
Harassment involving deepfakes is generally evaluated under the same standards as traditional workplace harassment claims. If the content targets an employee based on protected characteristics such as gender, race or sexual orientation — and contributes to a hostile work environment — employers may face liability under federal and state anti-discrimination laws if complaints are not handled appropriately.
Employers may also be exposed to claims involving:
- Defamation
- Invasion of privacy
- Intentional infliction of emotional distress
- Violations of emerging state laws targeting nonconsensual deepfake content
Why it’s an issue
Most employee handbooks and anti-harassment policies were drafted before generative AI became widely available, so they do not explicitly address synthetic media or AI misuse.
As a result, employees may not clearly understand that this conduct is prohibited, and employers may have a harder time defending their policies if litigation arises.
What employers can do
- Update anti-harassment policies. Explicitly prohibit creating, sharing or possessing AI-generated content that is sexually explicit, defamatory or targets protected characteristics in your policies.
- Address off-duty conduct. Make it clear that behavior outside of work that affects the workplace can be subject to disciplinary action.
- Enhance investigation protocols. Treat digital content as potentially manipulated evidence. Verify its authenticity and document findings carefully.
- Train managers and employees. They should know how to recognize deepfake harassment and respond appropriately.
- Act promptly and consistently. When issues arise, apply discipline regardless of the employee’s role or tenure.
- Monitor legal developments. States continue to pass laws targeting deepfake misuse and Congress is considering broader regulation.
- Review insurance coverage. Call us to see if your employment practices liability or cyber policies address claims involving synthetic media. An employment practices liability insurance can cover litigation costs, including legal fees, discovery, settlements and judgments in harassment cases.
NLRB Reinstates 2020 Rule on Joint-Employer Liability
The National Labor Relations Board has formally reinstated its 2020 rule governing when a company is deemed a joint employer under labor law, loosening standards put in place during the Biden administration.
This pro-business shift will make it harder for workers to hold parent companies, franchisors or hiring entities liable for labor violations by contractors, subcontractors or franchisees.
Because a federal court had vacated a 2024 Biden-era rule, a public comment period was unnecessary, and the rule took effect Feb. 27, 2026.
A finding of joint employment can have significant consequences for companies under the National Labor Relations Act. Under established case law, each company found to be a joint employer by the NLRA may be held liable for the unfair labor practices of its co-employers.
Under the reinstated standard, merely holding a contractual right to control another entity’s workers or exercising indirect control such as setting safety standards is not enough to create a joint-employer relationship.
Types of cases affected:
- Franchise disputes: Cases where employees of a franchisee (e.g., a fast-food restaurant) seek to hold the franchisor responsible for unfair labor practices, wage disputes or bargaining.
- Staffing agency arrangements: Situations where workers hired through a staffing agency claim that the company they are assigned to is also their employer, particularly in disputes regarding discrimination or union organizing.
- Subcontractor relationships: Cases involving construction or logistics firms where a general contractor or larger client is accused of interfering with the labor rights of a subcontractor’s employees.
- Unfair labor practices: Cases where unions charge a parent company or hiring entity with violating rights will now be harder to prove unless the parent company or hiring entity directly controls hiring, firing or wages.
- Collective bargaining: Cases determining whether a large corporation must sit at the bargaining table with workers employed by a vendor or contractor.
The reinstated rule explained
Under the reinstated rule, a business must possess and exercise “substantial direct and immediate control” over at least one essential term and condition of employment of another employer’s staff to be a joint employer.
The rule defines substantial direct control as actions that have “a regular or continuous consequential effect” on several core aspects of a worker’s job. This includes the employer’s ability to:
- Hire or fire a worker,
- Supervise and control an employee’s work schedule or conditions of employment to a significant degree,
- Determine a worker’s rate and method of payment, and
- Maintain the employee’s employment records.
An employer does not have to meet all four factors to be considered a joint employer. Also, even when an employer exercises direct control over another employer’s workers, it will not be considered a joint employer if the control is exercised on a sporadic, isolated or de minimis basis.
The takeaway
This new rule will provide employers with clarity and certainty in instances where they may be considered joint employers, either when working with contractors or as franchisees.
However, employers still face some risk and should ensure that managers stay within the confines of the rules when establishing project goals and directing the work of third-party providers such as subcontractors and staffing agencies through direct supervision or task assignment. When dealing with these workers, managers should focus on what needs to be done rather than how the vendor’s employees perform it.
For franchisees, it will now be more difficult to pull franchisors into labor disputes and collective bargaining, which may prompt unions to focus on site-specific organizing.