Blog - Tag: Measured Risk Insurance Services
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.
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.
How to Avoid Employee Retaliation Claims
Retaliation is the most common employment-related claim filed with the U.S. Equal Employment Opportunity Commission and often accompanies discrimination or harassment complaints.
For employers, these claims can be more difficult to defend than the underlying allegation because courts interpret retaliation broadly and juries closely scrutinize timing and intent. As a result, these cases can be costly to defend even if the complaint is found to be meritless.
At its core, retaliation occurs when an employer takes an adverse employment action against a worker because that individual engaged in protected activity. That action may include termination, demotion, suspension, denial of promotion, reduced hours or reassignment to a less desirable shift.
It can also involve more subtle conduct such as heightened scrutiny, exclusion from meetings or workplace ostracism if it would dissuade a reasonable person from raising concerns.
What qualifies as protected activity
Federal and state laws protect employees who speak up about workplace issues. These protections apply even if the underlying complaint ultimately proves unsubstantiated as long as it was made in good faith.
Retaliation protections appear in numerous federal statutes, each with its own procedures and remedies, including:
- Title VII of the Civil Rights Act of 1964,
- The Americans with Disabilities Act,
- The Age Discrimination in Employment Act, and
- Whistleblower provisions enforced by OSHA.
Examples of protected activity include:
- Filing or threatening to file a discrimination charge.
- Reporting harassment to a supervisor or human resources.
- Participating in an internal investigation or testifying in a proceeding.
- Requesting a reasonable accommodation for a disability or religious practice.
- Taking protected leave under the Family and Medical Leave Act.
- Reporting a workplace injury or filing a workers’ compensation claim.
- Raising workplace safety concerns under the Occupational Safety and Health Act.
- Blowing the whistle on fraud or regulatory violations.
Why retaliation claims are so common
Employment attorneys often add retaliation to discrimination lawsuits because the standard for proving it can be less demanding.
Courts may view close timing between a complaint and an adverse action as evidence of a retaliatory motive. Inconsistent explanations for discipline, weak documentation or emotional language in personnel files can also undermine an employer’s defense.
These cases are costly. Even if an employer ultimately prevails, defense costs can reach tens or even hundreds of thousands of dollars. If the employee wins, damages may include back pay, front pay, reinstatement, compensatory and punitive damages and attorneys’ fees.
Beyond legal costs, retaliation claims can damage morale, increase turnover and attract regulatory scrutiny.
How employers can reduce their risk
Business owners and HR leaders can take proactive steps to prevent retaliation and strengthen their defense if a claim arises:
- Publish and regularly communicate a clear anti-retaliation policy.
- Train managers and supervisors on what constitutes protected activity and prohibited conduct.
- Promptly investigate all complaints and document the process thoroughly.
- Keep knowledge of complaints on a need-to-know basis.
- Separate the complainant and accused in a neutral, nonpunitive manner.
- Conduct follow-up check-ins after investigations close.
- Ensure discipline is consistent with past practice and supported by objective metrics.
- Review the timing of employment decisions if they occur after a worker raises issues.
- Require multiple levels of review before disciplining someone who has recently complained for unrelated reasons.
- Use timely documentation that is factual and free of speculation or sarcasm.
- Implement a litigation hold if a charge is filed and preserve relevant records.
Under OSHA’s whistleblower provisions, for example, employers must provide a safe reporting channel for safety concerns and ensure workers can report hazards without fear of reprisal. Employers that encourage reporting and respond constructively can reduce legal exposure.
The insurance backstop
Even the most diligent employer can face a retaliation allegation. Employment Practices Liability Insurance or EPLI can help cover the costs of defending against claims of retaliation, discrimination, harassment and other employment-related actions.
Policies typically cover legal defense expenses, settlements and judgments, subject to their terms and exclusions.
Additionally, clear policies, consistent enforcement and strong documentation practices are essential. Pairing these efforts with appropriate insurance coverage can help protect both the organization and its bottom line.
Cyber Criminals Use Data to Fine-Tune Extortion Demands
Cyber criminals are increasingly stealing companies’ data to bolster their ransomware extortion demands, according to a new report by cyber insurer Resilience.
As part of these tactics, hackers are infiltrating company databases before launching attacks to better understand their defenses and the value of their data and maximize ransom demands. They are also searching for companies’ cyber insurance policies to tailor demands to coverage and maximize payouts.
The results emphasize the importance of employers adapting their defenses to evolving cyberattacks that, if large enough, can cripple an organization’s ability to recover.
A more calculated form of extortion
This shift toward a focus on data has been rapid. Data theft-only attacks rose from 49% of extortion claims in the first half of 2025 to 65% in the second half, according to the “Resilience 2025 Cyber Risk Report.”
Criminals now infiltrate networks, quietly move through databases and assess which data has the highest regulatory, legal or competitive value — then structure ransom demands accordingly.
In some cases, threat groups have gone further by searching stolen files for cyber insurance policies. Groups such as Interlock reviewed policy details to calibrate ransom demands within coverage limits and increase the odds of payment.
Extortion has also become layered. Attackers may:
- Demand payment to decrypt systems
- Demand additional payment to suppress stolen data
- Threaten customers or business partners directly
Even when organizations pay for data suppression, there is no guarantee the data will not be sold or leaked later. According to the Resilience report, this dynamic contributes to rising litigation and long-tail losses.
Points of failure: Where attackers are getting in
The report emphasizes that hackers are primarily focused on gaining access by stealing or abusing employees’ login credentials.
According to the Resilience report, key points of failure include:
Phishing: The resurgence of phishing in 2025 suggests AI is making campaigns more believable and scalable. AI-generated phishing campaigns are achieving success rates as high as 54% compared with 12% for traditional methods.
New tools allow attackers to craft highly personalized messages, impersonate executives and bypass language barriers. Deepfake audio and video are expected to raise the risk of executive impersonation and fraudulent wire transfers next year.
Vendor compromise: When critical vendors are breached, losses can cascade across entire industries. Vendor-related incidents carried an average severity of $1.36 million.
These events generally fall into three categories:
- Vendor ransomware that spreads business interruption to clients
- Vendor data breaches that expose customer information
- Non-malicious vendor outages that disrupt operations
Even when internal controls are strong, companies remain exposed to failures across their supply chain.
Credential theft via infostealers: More than 2 billion credentials were harvested in 2025, often serving as an early warning sign of a larger ransomware attack.
How firms can protect themselves
As threats evolve and cyber attackers use new tactics, employers will need to react accordingly. Organizations may consider:
- Investing in data loss prevention and zero-trust software.
- Deploying multifactor authentication and e-mail authentication protocols.
- Monitoring for stolen credentials on the dark web and rotating session tokens immediately when compromise is detected. This will often require contracting with vendors that specialize in this area.
- Developing vendor incident contingency plans that address supply chain failures.
- Conducting tabletop exercises to rehearse coordinated legal, technical and communications responses.
- Reviewing cyber insurance policy limits to ensure coverage reflects current severity levels rather than historical averages.
If you have concerns about potential cyber risks, give us a call.
Cal/OSHA Proposes New First-Aid Kit Rules
The Cal/OSHA Standards Board is in the final stages of approving updates to its first-aid kit rules that could take effect later this year.
The proposal aims to ensure that kits are easily located in the workplace and accessible within three or four minutes from any part of a worksite. Employers will also be required to assess “unique hazards” at the workplace and provide specialized first-aid supplies as needed to address those risks.
According to the Standards Board, the goal of the changes is to reduce the time for injured employees to receive first aid and improve treatment effectiveness.
Under the proposal, Class A first-aid kits would be required to meet the American National Standards Institute/International Safety Equipment Association (ANSI/ISEA) standard known as the “Minimum Requirements for Workplace First Aid Kits and Supplies.”
If employers choose not to use kits that comply with the new standard, the proposed rules would allow them to consult a physician or licensed health care professional about their choice of first-aid supplies.
Employers will also be required to evaluate first-aid supply needs and ensure adequate quantities and types of materials are available for employees at each job site.
At a minimum, employers shall furnish at least one approved first-aid kit. Based on the employer’s size and workplace hazards, employers shall also evaluate the need for:
- Additional first-aid kids.
- Additional types or quantities of first aid equipment or supplies.
The required contents of kits are changing, with four new items and four items being removed. The proposed regulations would require the following to be in most first-aid kits:
- Adhesive dressings
- Adhesive tape rolls, 1-inch wide
- Eye dressing packet
- 1-inch gauze bandage roll or compress
- 2-inch gauze bandage roll or compress
- 4-inch gauze bandage roll or compress
- Sterile gauze pads, 2-inch square
- Sterile gauze pads, 4-inch square
- Sterile surgical pads suitable for pressure dressings
- Triangular bandages
- Medical exam gloves (NEW)
- Tweezers
- Cotton-tipped applicators
- Antibiotic treatment, single-use application (NEW)
- Antiseptic, single-use application (NEW)
- Flashlight
- Magnifying glass
- Single-use disposable barrier device for CPR where CPR may be required (NEW)
- Appropriate record forms
- An up-to-date “standard” or “advanced” first-aid textbook, manual or equivalent
While first-aid kits are primarily for minor injuries, the board said it included ANSI/ISEA-required breathing barriers to help with resuscitative breathing and cardiopulmonary resuscitation, which can improve a person’s chances of survival while waiting for emergency services.
The above list eliminates the following from the items currently required:
- Safety pins
- Scissors
- Forceps
- Emesis basin
- Portable oxygen and its breathing equipment
Why Every Business Needs Hired and Non-Owned Auto Coverage
Even if you have company cars or a fleet of vans, occasions may arise that require an employee to run an errand in their personal vehicle or one of your employees needs to rent a car while on a business trip visiting a client.
In these circumstances if you don’t have the proper coverage, you could be leaving your organization exposed to liability if an employee injures a third party in an accident. There are two types of insurance that are vital in these situations: Non-owned auto coverage and hired auto insurance.
These two policies offer very different types of coverage, and it is important to understand each to ensure you find the policy that is right for your operation:
- Non-owned auto coverage — This insurance protects your company if sued as a result of an auto accident that you or one of your employees has in a personal vehicle while on company business.
- Hired auto coverage — This provides your company with liability insurance for vehicles that you rent, hire or borrow on a short-term basis for business purposes.If you or an employee are in a car accident while driving one of these vehicles for work, hired auto insurance can help pay for your liability costs.
You should consider these two coverage options if your company ever rents cars or vans for business purposes (including travel to conferences, visiting clients, etc.) or if employees use their personal vehicles to run company errands.
These important coverages are usually added to a general liability policy or a commercial auto policy as an endorsement or a rider.
When there are no vehicles titled in the company name, this additional coverage will serve to meet the contract requirement for commercial auto coverage in most states.
How the coverages work
Both hired and non-owned auto insurance are a type of liability insurance, meaning they will only cover property damage and injuries to third parties, as well as any legal fees, settlements or court judgements relating to third party claims. Hired and non-owned auto insurance helps cover:
- Physical damage to a third party’s vehicle,
- Bodily injuries and medical expenses if a third party is hurt in an accident with you or one of your staff, and
- Legal expenses if your business gets sued for negligence.
However, these polices won’t help with:
- Property damage to your business’s hired or non-owned vehicle.
- Medical bills if you or your employee get hurt in an accident while using rented or personal vehicles.
- Liability coverage, property damage or bodily injury from an accident while you or your employee drive for personal reasons that are not related to your business.
Do you need coverage?
If your business rents or borrows vehicles to do work or if your employees use their personal vehicles on business, hired and non-owned auto coverage is crucial to manage your risk.
It can help pay for any property damage that you or your employees cause while on company business in rented or personal vehicles. It also covers vehicles used for your business if they cause bodily injury to another driver in a car accident.
How to Avoid Being Sued for Injuries at Your Commercial Property
One of the biggest risks commercial property owners face is a visitor suffering an injury on their property.
One slip and fall can start a cascade of events, starting with a premises liability lawsuit seeking financial compensation. Your defense, as a property owner would be proving that you lived up to your duty of care to protect visitors to your property from injury.
Also, since your commercial property policy will not cover property liability, you’ll need a commercial general liability coverage as well.
Accidents happen, but if a third party is injured on your commercial property, the chances are high they’ll seek some type of compensation, either for medical costs, lost wages or both. And if they seek out legal counsel, prepare to be sued.
Prevent accidents before they happen
To reduce the chance of an accident, keep a tidy facility and fix any issues that could result in an injury. Take the following steps:
- Be proactive about inspections, repairs and maintenance.
- Have written inspection and maintenance guidelines that meet or exceed industry standards particularly as they concern safety of tenants and guests.
- Ensure your employees closely follow the guidelines and encourage them to report any issues that could result in injury.
In the discovery phase of a lawsuit, a plaintiff may ask for your maintenance and risk management procedures as well as documentation regarding whether you followed those procedures.
Your policies should be extensive and clear, but not overly intricate. Documentation is key to showing that you took reasonable steps to keep the property safe.
Your defense
Keep in mind that the duty is for you to use a reasonable amount of care. What is reasonable is determined in comparison with what an average commercial property owner would do.
There are times when accidents really do happen, and you are not automatically liable for them. You are neither expected to be perfect, nor are you expected to prevent every single mishap.
Rented property
A commercial property owner may not have a duty of care when they are not in control of their property. When the owner leases the property, the lessee may assume the duty of care to maintain the premises in reasonable condition.
A lease should clearly state that the renter is responsible for premises safety and that they indemnify the owner in any lawsuits and pay the costs to defend these lawsuits.
Insurance
Finally, make sure that you have commercial general liability insurance, which covers legal defense and potential settlements or judgments, helping protect your assets and financial stability.
Mental Health Issues Among Construction Workers Grow
Nearly two-thirds of U.S. construction workers say they have experienced anxiety or depression in the past year, according to a new survey of more than 2,000 workers and executives.
Poor mental health can increase the risk of injuries, slow projects and drive up absenteeism, turnover and disability claims. OSHA now highlights workplace stress and mental health as key safety concerns, noting that stress contributes to physical illness, impaired concentration and higher injury rates.
While the industry overall has made large strides in improving and promoting workplace safety, it’s been slow in recognizing the effects of mental health on safety. The survey by St. Louis-based construction firm Clayco explores the mental health and psychological safety issues construction workers face and how employers can establish protocols and services to identify and assist workers in need.
How mental health affects safety and performance
According to OSHA:
- Stressed and fatigued workers are more likely to miss hazards, make errors and cut corners, increasing the chance of falls, struck-by incidents and other injuries.
- Long-term stress contributes to physical problems like heart disease, high blood pressure, chronic pain and sleep issues.
- Anxiety and depression undermine focus, motivation and judgment, which can affect safety, quality and productivity.
- Workers dealing with untreated mental health issues are more likely to miss work.
Key findings from the Clayco survey
The survey by St. Louis-based construction firm Clayco found that:
- 64% of construction workers reported anxiety or depression in the last 12 months.
- Top drivers of distress were the physical demands of the work (47%), poor work-life balance (42%) and tight deadlines (41%).
- 36% missed work due to mental health concerns in the last year.
- 45% said they would feel ashamed talking about mental health, addiction or suicidal thoughts with coworkers.
- 37% of those who used mental health services reported discrimination or unfair treatment at work.
What construction leaders can do
The good news is that there are proven steps companies can take.
Treat mental health as a safety priority — Put mental health on the same footing as fall protection or lockout/tagout. Include it in safety policies, job hazard analyses, orientation and toolbox talks. Remind supervisors that stress, fatigue and distraction are risk factors for incidents.
Train supervisors to recognize warning signs — Provide frontline leaders with training on how to spot behavior changes, withdrawal, irritability, substance misuse and other signs of distress, and how to have supportive conversations. OSHA and other organizations offer supervisor guides and mental health conversation tools tailored to employers.
Promote the services you offer — Audit what mental health benefits you offer, from Employee Assistance Programs to telehealth and counseling. Place information about these services in break areas, pay-stub inserts and safety talks, and repeatedly reinforce that services are confidential.
Reduce stigma through leadership example — Leaders who talk openly about stress, burnout or using counseling send a powerful signal that it’s okay to ask for help.
Address jobsite stressors you can control — Review schedules, overtime expectations, travel demands and staffing levels. Where possible, rotate assignments to limit extended travel, set more realistic deadlines, build in recovery time after major pushes and ensure workers can take breaks and time off without penalty.
Discipline Should Be Part of Your Safety Program
Does your injury and illness prevention program spell out the disciplinary action your company will pursue if its safety rules are not adhered to?
Addressing disciplinary issues can be a very sensitive and stressful process for most managers, supervisors and employees. However, if such issues are avoided or handled poorly, it can lead to serious consequences such as property damage, injury – or even fatality.
Looking at discipline not as a form of punishment but as a rule or system of rules governing conduct or activity in order to eliminate unsafe circumstances, might ease the stress for the owner, manager and employee.
Education is the key to establishing proper disciplinary procedures and holding workers accountable to the company’s health and safety policy and program, as well as to applicable regulatory requirements.
The main objective of a disciplinary program is to ensure that rules and safe work practices are taken seriously by all employees, and that they are followed. When disciplinary action is deemed appropriate, it should be conducted in a timely manner. Trying to conduct a disciplinary response to unsafe behavior by waiting only allows a habit to become more ingrained.
Discipline should be positive, not punitive or negative. The goal is to correct the problem, action or behavior. The type of discipline should fit the severity of the misconduct, and it should be conducted in private.
Five-step disciplinary program process
- Reviewing policy and procedures (managers and supervisors).
- Investigation of accusations and infractions (supervisors and safety and health reps).
- Determining and reviewing disciplinary action (supervisors and safety and health reps).
- Documenting disciplinary actions and program enforcement (supervisors and safety and health reps).
- Conducting disciplinary meetings and promoting safe work practices and compliance to regulatory requirements (supervisors and safety and health reps).
If your company hires subcontractors, they should also be required to comply with your health and safety policy.
Sample disciplinary action
You should make it clear that the company reserves the right to discipline employees who knowingly violate company safety rules or polices. Disciplinary measures will include, but not be limited to:
- Verbal warning (documented) for minor offenses.
- Written warning for more severe or repeated violations.
- Suspension, if verbal and written warnings do not prove to be sufficient.
If none of the above measures achieves satisfactory, corrective results, and no other acceptable solution can be found, the company will have no choice but to terminate employment for those who continue to jeopardize their own safety and the safety of others.
Non-punitive discipline
The first step of formal non-punitive discipline is to issue an oral reminder, with the manager’s primary goal being to gain the employee’s agreement to solve the problem.
Should the problem continue, the manager moves to the second step – the written reminder. Together, the manager and the worker create an action plan to eliminate the gap between actual and desired performance.
If disciplinary discussions have failed to produce the desired changes, management then places the individual on a paid, one-day “decision-making leave.” Tenure with the organization is conditional on the individual’s decision to solve the immediate problem and make a “total performance commitment” to good performance on the job.
The employee is instructed to return on the day following the leave with a decision either to change and stay, or to quit and find more satisfying work elsewhere.
Thus, the purpose of the disciplinary transaction has changed from a punishment method to a process that requires individuals to accept responsibility for their own behavior, performance and continued participation in the enterprise.