In yesterday’s Advisor, we learned about a real-life case in which training made a difference. Today, we hear what the court said and wrap up the case.
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What the Court Said
The appeals court agreed with Brendan that the Commission made a mathematical error when calculating his award. However, the court rejected his challenges to the reduction itself and upheld the Commission’s award as modified.
Under Missouri’s Workers’ Compensation Law, “[w]here an injury is caused by the failure of the employee to use safety devices where provided by the employer, or from the employee’s failure to obey any reasonable rule adopted by the employer for the safety of employees, the compensation and death benefit provided for herein shall be reduced at least 25 [percent] but not more than 50 percent; provided, that it is shown that the employee had actual knowledge of the rule so adopted by the employer; and provided, further, that the employer had, prior to the injury, made a reasonable effort to cause his or her employees to use the safety device or devices and to obey or follow the rule so adopted for the safety of the employees.”
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The court said that “substantial evidence in the record supports the Commission’s determination that National Starch made reasonable efforts to cause employee compliance with its lockout rules. National Starch distributed written safety materials and conducted regular training seminars educating employees concerning the rules, and warning them that ‘[d]isciplinary action will be taken if employees fail to follow necessary guidelines … up to and including termination.’”
“Training records revealed that … [Brendan] received almost annual training on these rules between March 1995 and September 2007 and successfully completed a written test to confirm his understanding of those rules.
This evidence supports the Commission’s conclusion that National Starch’s Lock-Out Rules were not simply ‘on the books,’ and ‘dusted off’ for purposes of these proceedings, as … [Brendan] contends—employees were actively and repeatedly trained on these rules, their comprehension of the rules was confirmed by written tests, and they were warned of discipline up to and including termination if they failed to comply.” Thompson v. ICI American Holding f/k/a National Starch & Chemical (No. WD72374) (Missouri Court of Appeals, Western District, 8/9/11)
If the machine is not properly shut down and secured, it could unexpectedly start up, release stored energy, move, or cycle, causing crushing injuries, amputations, or even fatal injuries. A well-designed Lockout/ Tagout (LOTO) program can prevent these injuries. Download this free paper, 10 Tips to Implementing a Lockout/Tagout Program to learn 10 tips for ensuring that your LOTO program is well-designed and effective! Download now!
Training Takeaway
Although this case deals specifically with Missouri state law, it serves as a good reminder to all employers about the need to train workers on safety rules and to document both their completion of training courses and their understanding of the material covered.