In a BLR® webinar titled “OSHA Inspection: How to Prepare for a Surprise Visit and Minimize your Liability Risks,” Tracy L. Moon Jr., a practicing partner at Fisher & Phillips, LLP in Atlanta, and an authorized OSHA General Industry Outreach Trainer, explained the importance of supervisor engagement in and ownership of safety and health compliance.
As agents of a company, and frequently the primary liaisons between executives and employees, it is critical for supervisors to be active participants in ensuring and enforcing safety policies and procedures in the workplace.
Besides being the company’s “eyes and ears,” the following is true of supervisors:
- It’s up to management to set the example and ensure that employees follow the rules.
- They handle much of the safety and work training.
- Safe work habits relate to other legal, labor, performance, and quality areas.
- Safety compliance can affect the ability of the company to bid for and obtain work (especially true of government contracts).
- Supervisors can have individual liability. (This is not true across all federal legislation, but can also be true under state standards, and there is no limit to damages on individual liability cases.)
- Supervisor behavior or knowledge of hazards creates corporate liability.
Need better results from your safety program? Join BLR’s live webinar, “How to Strengthen the Role of Front-Line Supervisors in Carrying Out Your Safety Program Strategy,” on November 14 at 1:30 p.m. EST. Find out more.
This last point is important to understand as this indicates a legal responsibility on the part of the employer for the employee’s actions. In fact, to make out a federal OSHA citation, OSHA must prove that an employer (or the employer’s agent) knew of a violation, or with exercise of reasonable diligence, could have known of a noncompliant condition.
Moon explains that “because employers can only obtain knowledge through their agents, the actions and knowledge of supervisory personnel are generally imputed to their employers, and the Secretary can make a prima facie showing of knowledge by providing that a supervisory employee knew of or was responsible for the violation.”
Therefore, it is imperative to employers that their supervisory staff is well trained and diligent in the compliance of safety and health regulations.
Tracy L. Moon Jr. provides representation, training, and counseling to employers in regards to employment and labor issues. He advises employers on compliance with both federal and state OSHA regulation and is an authorized OSHA General Industry Outreach Trainer. He may be contacted for further information at 404-240-4246 or tmoon@laborlawyers.com.
Effective safety programs start with supervisors. Find out how to better train your supervisors at BLR’s live webinar, “How to Strengthen the Role of Front-Line Supervisors in Carrying Out Your Safety Program Strategy,” on November 14. Learn more here.
Are you looking to improve your safety and health program? BLR is here to help!
Coming soon on Thursday, November 14, 2013, at 1:30 p.m. Eastern Standard Time, we will be conducting a live webinar on “How to Strengthen the Role of Front-Line Supervisors in Carrying Out Your Safety Program Strategy.”
You and your colleagues will learn:
- The role of the supervisor in a safety program as outlined by OSHA
- How to evaluate and assess the existing role that supervisors are playing in your safety program so you can identify areas for improvement
- Case studies and examples of safety program supervisor involvement best practices to emulate
- Why comprehensive training and education is probably the most critical component for success
- How to generate management support and supervisor participation in the new safety role
- The key components to include in your comprehensive supervisor safety training program
- The critical tools for helping supervisors achieve success, such as clear guidance on coaching, mentoring, rewarding, and when necessary, disciplining employees
- Necessary processes for empowering crew members to identify hazards and correct them immediately, including discussion of:
- Pre- and postshift safety meetings
- Setting an example and demonstrating safe performance for crew members
- Work hazard identification checklists
- How to discuss accidents and near-misses with staff in a constructive manner
- Housekeeping inspections
- Routine crew reviews of job safety analysis
- Ways to identify and evaluate resources to strengthen supervisor performance in the safety program
Join us for this in-depth webinar on November 14. Our presenter, a seasoned safety professional and lawyer practicing in the safety field, has helped many companies evaluate and significantly improve the “supervisor” component of their safety program. With his insights, you’ll be well poised to fully onboard your supervisors for safety success!