In the Business Source Complete database of the CSU Online Library, locate and read the article, “Safety, Accidents, and

Write a summary of the article and answer the following:  See attached Article

­What is the author’s main point?”

Who is the author’s intended audience?

­What is involved in analyzing potential job hazards and developing an accident prevention plan that will prevent and reduce the cost of accidents?

­How should you respond to accidents effectively?

­How should you prepare for an accident investigation? What should you expect from investigators?

 How could this article be improved? Can you think of any information from other sources, such as your textbook whose inclusions would improve this article?

Your Article Review must be a minimum of three pages, not counting the title page and references. Use APA style when writing the paper, including references and in-text citations.

========================

Employee Relations Law Journal 3 Vol. 37, No. 3, Winter 2011
Safety, Accidents, and Investigations:
Be Prepared for the Unexpected
Robert A. Battles
This article describes how to establish and maintain an accident prevention plan,
respond to accidents in the workplace, and handle potential external investigations.
As the economy moves forward in a slow recovery, employers
vigilantly watch for new opportunities to cut costs. One sure way
to reduce costs is to have a strong safety and health program (safety
program). If you fail to have a strong safety program, you are exposing
your company to potential increases in health care costs, penalties and
fines, and lost productivity. Covering the basics in this area will protect
your company and its employees.
Every employer that does work in the United States is subject to the
safety and health laws issued by the Occupational Safety and Health
Administration (OSHA) or the equivalent state programs. State programs
must meet or exceed the requirements set forth by OSHA. Even if a
company has only one employee, it must have an established safety
program.
In order to have an effective safety program, you must have a written,
active Accident Prevention Plan (plan), be prepared to respond to
accidents effectively, and strategically handle external accident investigations.
DEVELOPING YOUR ACCIDENT PREVENTION PLAN
The accident prevention plan is the core of any safety program. It
will defi ne potential safety issues in the workplace and outline how to
reduce or eliminate those issues. It will guide you in implementing your
safety program by including steps to act quickly and decisively should
there be an accident, and it will offer steps on how to manage accident
investigations and how to recognize when you need to seek professional
advice.
Developing the plan allows employers and employees to work
together on preventing safety and health hazards.
Robert A. Battles is counsel to the fi rm at Lane Powell PC where he
represents clients in regulatory and litigation matters, including occupational
safety and health investigations and defense. He can be reached
at [email protected].
Safety, Accidents, and Investigations
Vol. 37, No. 3, Winter 2011 4 Employee Relations Law Journal
Step 1: Developing the Basic Accident Prevention plan
Every company must assess its own worksite(s) for known and potential
hazards. This allows the plan to be customized for each worksite,
more accurately refl ecting company safety issues. In addition, companies
must periodically review their plan to ensure it refl ects ongoing site
needs. A generic, unchanging plan is not enough.
There are many elements of a basic plan. Development of the initial
plan may feel overwhelming, but it will pay off in the end. If you assess
each of these elements in order, step-by-step, you will develop a plan
that allows you to be in compliance. The basic plan includes:
• An overview of the company’s safety program;
• What to do in an emergency;
• The location of fi rst aid kits;
• How to report injuries;
• How to report unsafe conditions;
• How to identify hazards in the work environment;
• Employee safety orientation (when a new employee is hired
and when a job changes); and
• Safety meetings or a safety committee (depending on the company
size).
Development of the plan is a team effort. The plan must include
employees’ involvement from every level of the organization. This
allows for a more comprehensive review of work practices. When all
levels of employees are involved, there is a better understanding of the
safety issues related to their job and they are invested in establishing
safe practices. Thus, the plan becomes more effective in practice.
Step 2: Job Hazard Analysis
Once you have met the requirements above, you must assess the
work that employees are performing through a job hazard analysis,
which is a survey of the tasks where injuries occur or could occur.
To conduct this analysis, fi rst identify the possible ways an employee
might become injured doing a particular job. Then, note possible
causes of such potential injuries. Once you know the possible injuries
and their root causes, you can more effectively address solutions or
preventative measures. All of this information must be included in the
written plan.
Safety, Accidents, and Investigations
Employee Relations Law Journal 5 Vol. 37, No. 3, Winter 2011
As an example, a particular job might require heavy lifting, which
could cause injuries. Causes of those injuries might be from trying to lift
items that are too heavy or are awkward in size, or from using inappropriate
lifting techniques. As a result of a company’s job hazard analysis,
an employer may choose to include weight limits for individuals responsible
for lifting items and provide training on proper lifting techniques.
It is advisable to conduct part of the analysis on the actual jobsite
while the employee is in the course of his or her duties. This can
help you notice less obvious safety considerations. For example, if an
employee has an offi ce job, one might think there are no pertinent
safety issues. However, on further observation, one might note repetitive
work, such as typing and using a date stamp, or physical lifting, such
as sorting fi le boxes.
Below are examples of work duties that must be addressed in the
written plan, should they be discovered in a job hazard analysis:
• Activities requiring personal protective equipment;
• Ladder use;
• Walking or working on surfaces more than four feet in elevation;
• Operation of machinery;
• Use of powered hand tools;
• Automobile or truck operation on public roads;
• Industrial vehicle operation ( i.e ., forklifts, etc.);
• Use of chemicals, or proximity to chemicals; and
• High volume of repetitive work.
When developing a plan, the employer must tailor it to the specifi c
safety needs of each position. Avoid being overly general, such as saying
that employees must “be careful,” when they really need detailed
procedures to be safe. On the other hand, do not be so specifi c as to
remove the employee’s responsibility of using common sense.
Step 3: Training
Even the best plan is not effective when it is only on paper. Employers
must still train their employees on safety requirements. This includes
job-specifi c training for each and every employee and manager. Training
must be done when an employee is hired or changes job duties and
whenever the plan is updated or modifi ed. Any training provided should
be documented in writing. Ensure that your company’s plan outlines the
Safety, Accidents, and Investigations
training requirements for each type of position. Then implement steps to
make sure your employees stay current on their training.
Step 4: Ongoing Review
Once the plan has been implemented, the company must regularly
review it to ensure relevancy and effectiveness. The type of
review process can vary, depending on what is outlined in the plan.
At the very least, the plan should include annual audits, review
of audit findings, implementation of audit findings, and accident
investigations. The plan should be reviewed at least annually to
determine if it is accurately reflecting the current safety needs of
the company.
The annual audit will be very similar to the development of the initial
plan. While not as extensive, it should be thorough enough to confi rm
the plan continues to meet the safety and health needs of both the
employer and employees. Review of the plan should include looking
at safety measures and goals expressed in the initial plan, and should,
like the original plan, involve all levels of employees. Once the audit is
completed, it is critical that any fi ndings be reviewed and appropriately
implemented. This includes retraining all employees affected by changes
made to the plan.
Every accident should be recorded on an OSHA Form 300 and investigated
as to its cause and future preventability. Any fi ndings from such
investigations should be used to update your plan.
BE PREPARED TO RESPOND TO ACCIDENTS EFFECTIVELY
Accidents can happen, even with a plan in place. While most incidents
are easily addressed, you must prepare for an unexpected event.
Employees will look to management for guidance on how to act and
move forward.
Being prepared allows you to immediately put the emergency plan
into action, confi dently addressing the needs of all who are impacted
and avoiding missing key elements. If you are prepared in advance, you
will be able to weather any incident, no matter the extent of the injury.
Below are the major steps you should take:
1. In the case of a major injury or fatality, fi rst seek medical attention
for everyone in need;
2. After the injured are cared for, ensure the facility is secure and
that no one else can be harmed or injured;
3. Do not disturb the scene, except to perform fi rst aid and/or to
prevent further injuries;
Vol. 37, No. 3, Winter 2011 6 Employee Relations Law Journal
Safety, Accidents, and Investigations
Employee Relations Law Journal 7 Vol. 37, No. 3, Winter 2011
4. Report the incident to government agencies, as required by
law. OSHA requires the reporting of any injuries or illnesses
that result in death, loss of consciousness, days away from
work, restricted work activity or job transfer, or medical treatment
beyond fi rst aid. Verify reporting timelines for your applicable
jurisdiction; and
5. Once the scene is secured and the proper authorities have
been notifi ed, the employer should immediately conduct an
internal investigation.
Accidents should be fully investigated by the employer. The investigation
team should include both management and employees. Setting
up and training the investigation team before an accident will allow for
immediate action. An investigation should include, at a minimum:
• Interviews with those who witnessed the accident and/or who
have relevant knowledge of the event;
• Visiting the site where the incident occurred (it is important
to remember that until the site is released by all agencies
involved, you cannot move anything except to provide fi rst aid
or to prevent another accident);
• Review of your company’s existing accident prevention plan;
• Review of existing protective and safety equipment; and
• Review of manufacturer’s recommended uses and operation
manuals for any equipment involved in the accident.
The quality of your internal investigation can affect the outcome of
any possible external investigation.
Once the internal investigation is complete, the employer must act on
what it has learned. This includes updating the plan to refl ect the results
of the investigation. Failure to act on what is learned from the investigation
could expose employees to potential hazards and lower morale,
while also exposing employers to potential citations and fi nes. It is recommended
that you contact legal counsel to address internal investigations
and the anticipated external government agency investigations.
STRATEGICALLY HANDLE EXTERNAL ACCIDENT
INVESTIGATIONS
The sight of an agency investigator can bring stress to any workplace.
If you have a well planned approach on how to address these investigations,
you will go a long way toward reducing that stress.
Safety, Accidents, and Investigations
Vol. 37, No. 3, Winter 2011 8 Employee Relations Law Journal
In situations where there is a mandatory investigation by an enforcement
agency, such as in a fatality investigation, contact your legal counsel
early in the process. This allows you to get legal advice from the very
beginning of the investigation and not have to spend time back-tracking
once the matter moves to possible citations and fi nes.
OSHA investigations are usually in response to an accident or complaint.
They may also be prescheduled as a routine check or follow-up
to a previous investigation. You cannot ignore OSHA or state program
inspectors when they arrive for an investigation. Any delay in allowing
the agency access to the facility may result in creating an adversarial
response from the agency. You need to ensure that you have a strategy
in place should you be investigated, and consider involving legal counsel
in that strategy.
Investigations can result in citations, fi nes and in some cases, jail time.
This makes a plan even more critical. An investigation by OSHA or your
state program inspector will have four basic components:
1. The opening conference;
2. Document request;
3. Employee and management interviews; and
4. A closing conference.
In addition, if citations are issued, there could be a subsequent appeal.
The Opening Conference
When OSHA or the state program inspectors arrive, they must conduct
an opening conference with management and employees. As the
employer, this is your fi rst opportunity to fi nd out the reason for the
investigation. This may be straight forward, for example, you had an
accident OSHA is investigating, or obscure, for example, OSHA received
an anonymous complaint. Regardless of the reason, OSHA is there. This
is your opportunity to start a dialogue with the agency. At the opening
conference you should be able to determine how the agency intends to
conduct the investigation and get an indication of the potential issues
that may be raised. OSHA has six months from the opening conference
to complete the investigation and issue any citations.
Records Requested by the Inspectors
During the investigation, OSHA or the state program inspector will
ask you to produce your current plan. This request will include several
parts of the plan, including those sections that relate directly to the
accident or the complaint being investigating. While the focus will be
Safety, Accidents, and Investigations
Employee Relations Law Journal 9 Vol. 37, No. 3, Winter 2011
on the accident or complaint, the investigation can, and most likely will,
reach beyond the single incident.
Most inspectors will seek to have these documents produced in an
expedited manner. While you want to be cooperative, you do not have
to blindly follow the timeline that the inspector sets. You have the right
to review the records before they are produced and to have the records
reviewed by your attorney for confi dentiality issues. You may also want
to consider designating some documents as trade secrets, which may
prevent their disclosure to third parties. Remember, any document produced
to a government entity becomes a public record subject to public
disclosure requests .
During the document production phase, you will want to ensure you
are providing only those documents requested. It is not uncommon for
an employer to produce more material than requested, and then fi nd
out the extra material it provided resulted in an expanded investigation.
The inspectors are not operating in a vacuum. They can and will expand
an investigation beyond the original complaint/accident if they believe
a possible violation exists.
Interviews with Employees and Management
Simultaneous with the records request, OSHA or the state program
inspector will move forward with employee and management
interviews. These interviews will, at a minimum, include employees
who were exposed or injured, and supervisors and key management
members responsible for safety and health at the company. Everyone
interviewed has the right to have legal counsel or an employee representative
present. If a union is involved, then the union will likely have
an employee representative present at each member’s interview. Those
interviewed can request to have a manager or legal counsel present as
well. It is important to work with your employees so they feel comfortable
if they make this request.
The inspector will attempt to limit who can be present during the
interviews. This should not deter an employer from requesting the
opportunity to be present at all interviews. Management should never
go into an interview with an inspector without legal counsel. Regardless
of when and where the interview takes place, it is considered to be
on the clock. You must allow the interview and you must pay for the
employee’s time spent in the interview.
The Closing Conference
Once OSHA or the state program inspectors complete the investigation,
they will hold a closing conference. This is when they will provide
the employer with the results of their investigation. In some jurisdictions
this can be as detailed as providing you with a draft of the actual
Safety, Accidents, and Investigations
Vol. 37, No. 3, Winter 2011 10 Employee Relations Law Journal
citations they intend to issue. This is the opportunity for the employer
to provide any additional materials to show why the citations should not
be issued. It is not, however, the time to argue why a particular citation
is incorrect.
During this conference, the employer should attempt to gather as
much information as possible about why inspectors believe there is a
potential violation. This is your opportunity to conduct informal discovery.
At the end of this conference, an employer should have a good
idea of what citation the agency will issue and the evidence supporting
those citations.
Appeal of the Citations
Once citations are issued, you have a short time to appeal or request
an informal or reassumption hearing. Since everything said at these
informal hearings can be used against you in the formal appeal, it is
recommended that you have legal counsel at any such hearings and
during any subsequent appeals.
Remember, the time you spend developing a safety program today
is an investment that will save your company money and increase
employee morale in the long run. When an accident does occur, following
the steps provided above will change your company’s experience
from that of a potential train wreck, to that of a slight detour, enabling
you to more easily get your company back on track. Do your part to
ensure your company is prepared for the unexpected.
Copyright of Employee Relations Law Journal is the property of Aspen Publishers Inc. and its content may not
be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written
permission. However, users may print, download, or email articles for individual use.