Disciplinary Policy - osha.gov

CSIP Disciplinary Policy & Employer Responsibilities CSIP Overview Disciplinary Policy Employer Responsibilities

RecordKeeping CSIP Disciplinary Policy Implementing Safe Work Practices Supervisors should receive training on the company's safety and health policies, guidelines, and procedures established for day-to-day operations. They need a clear understanding of their responsibilities and company policies and procedures for disciplining employees (i.e. progressive disciplinary action). They must be involved in addressing safety performance issues and taking disciplinary action

when safety policy is not followed. CSIP Disciplinary Policy Implementing Safe Work Practices Employer Responsibilities A disciplinary policy should be incorporated into your companys policies and procedures.

It is important to inform all employees about this policy upon hiring. CSIP Disciplinary Policy Implementing Safe Work Practices Employer Responsibilities Frequent reminders about the policy and consequences of working in an unsafe manner

should also be communicated. This can be achieved a number of ways including: safety orientations, employee handbooks, written procedures, meetings, etc. It is important that the program be very clear so there are no inconsistencies when the program is used. CSIP Disciplinary Policy Implementing Safe Work Practices Employee Expectations To be notified, by

employer, of disciplinary policy at new hire orientation and questions to be answered. CSIP Disciplinary Policy Implementing Safe Work Practices Keep It Separate Your company may have a behavior-based safety program, or

similar, for educating employees about unsafe acts. It is important to keep these types of programs separate from your Disciplinary Program. For example: Behavior-based Safety Program: a supervisor may talk with an employee who is not wearing safety glasses about the hazards involved with the unsafe act (not wearing eye protection). Disciplinary Policy action: a written warning for a second infraction. Disciplinary Policy

Implementing Safe Work Practices Keep It Separate The goal should be to address behavior by ensuring that the employee understands what hazards are present and the consequences of working in an unsafe manner. Implementing discipline should only be a consequence of an employee becoming a repeat offender or insubordination. CSIP

CSIP Disciplinary Policy Progressive Discipline Discipline becomes progressively harsher until it leads to termination. Inviolable rules may be grounds for immediate discipline or termination based on the severity. An inviolable rule may include violations of fall protection, lock out / tag out, trench and excavation, or insubordination.

CSIP Disciplinary Policy Progressive Discipline 1. Verbal Warning 2. Written Warning 3.

Suspensio n 4. Terminatio n CSIP Disciplinary Policy Progressive Discipline Responsibility & Expectations Policy The Disciplinary Policy should be

designed to to provide a structured corrective action process, designed to identify and correct undesirable behavior. The progressive corrective action may skip steps, depending on the nature of the offense, but will be implemented consistently among all staff. Disciplinary Policy Progressive Discipline Procedure 1. Verbal Warning & Counseling Supervisor should schedule a meeting with the employee to discuss improper

conduct. Within a given timeframe (i.e. 5 business days), the supervisor will document, in writing, the meeting. Employee will sign to demonstrate understanding of the issues and the corrective action. CSIP CSIP Disciplinary Policy Progressive Discipline Procedure

2. Written Warning Supervisor and a manager should schedule a meeting with the employee to 1) review prior relevant conduct and corrective action; and 2) inform the employee of the consequences of their continued failure to meet conduct expectations. A formal plan to improve employees performance should be issued in a given timeframe (i.e. 5 business days) and be signed by the employee. The employee should be informed that continued misconduct and failure to immediately implement corrective action plan, will result in additional discipline, up to termination CSIP

Disciplinary Policy Progressive Discipline Procedure 3. Suspension For some incidences, the most appropriate action is the temporary removal of the employee. An investigation should be conducted. Employers must consider wage laws in determining whether the suspension includes pay. CSIP

Disciplinary Policy Progressive Discipline Procedure 4. Termination Employers should implement progressive discipline and associated corrective action. Depending on the nature of the misconduct, employees may be terminated without prior notice and disciplinary action.

CSIP Disciplinary Policy Progressive Discipline Document, Document, Document Documentation of employee discipline is critical. Document all corrective action (including verbal warnings) by placing a note in the employees personnel file. Maintain a confidential log of disciplinary actions for all employees. A log would easily allow a supervisor to determine which level of discipline is appropriate based on previous infractions.

CSIP Disciplinary Policy Progressive Discipline Document, Document, Document, contd This log can be used to defend against an OSHA citation if discipline has been enforced in a firm, fair and consistent manner. Be sure to document what corrective action was taken (i.e. terminated, sent home for the day without pay, verbal warning) and have employee sign.

CSIP Disciplinary Policy Clear Communication Clearly explain the reason(s) for the disciplinary action. Inform the employee of the corrective action to be implemented for subsequent violations. If possible, have a witness to discipline. All in attendance should sign the disciplinary notice.

CSIP Disciplinary Policy Applying Discipline Employer Considerations Before discipline is applied, a supervisor should ask themselves the following questions: Did I clearly define what was expected? Was the employee aware of disciplinary program/ inviolable rule? Did I perform the necessary training/retraining? Would others be held to the same standard?

I PI T Y A CCTSI V Disciplinary Policy Applying Discipline Employer Considerations If a supervisor can answer yes to these questions, it would appear that discipline is appropriate. The goal of a Disciplinary Program is not to terminate. A Disciplinary Program is one injuries are prevented, safe practices are obeyed, and all employees are safe from harm

CSIP ? ? ? Questions? ? ?

? CSIP OSHA Recordkeeping Requirements CSIP Recordkeeping OSHA Recordkeeping Requirements 29 CFR 1904 OSHAs reporting and recordkeeping regulations require

employers to: Maintain records in each establishment of occupational injuries and illnesses as they occur, and make those records accessible to employees. CSIP Recordkeeping OSHA Recordkeeping Requirements 29 CFR 1904

Keep injury and illness records and post from February 1 through April 30 an annual summary of occupational injuries and illnesses for each establishment. A company executive must certify the accuracy of the summary. CSIP

Recordkeeping Employer Requirements Record any fatality regardless of the length of time between the injury and the death. Provide, upon request, pertinent injury and illness records for inspection and copying by any representative of the Secretaries of Labor or HHS, or the state during any investigation, research, or statistical compilation. Comply with any additional recordkeeping and reporting requirements in specific OSHA standards. OSHA 300 Log CSIP

CSIP Determining Which WorkRelated Illnesses and Injuries to Record CSIP Recordkeeping Employers with Multiple Worksites Employers must keep

injury and illness records for each establishment. OSHA defines an establishment as a single physical location where business is conducted or where services are performed. CSIP Recordkeeping Employers with Multiple Worksites

An employer whose employees work in dispersed locations must keep records at the place where the employees report for work. In some situations, employees do not report to work at the same place each day. In that case, records must be kept at the place from which they are paid or at the base from which they operate. CSIP Recordkeeping OSHA 301, Injury and Illness Incident Report

Each employer must complete the OSHA 301 form within seven calendar days from the time the employer learns of the work-related injury or illness. This form includes more data about how the injury or illness occurred. CSIP

Recordkeeping OSHA 301, Injury and Illness Incident Report Employees and former employees are guaranteed access to their individual OSHA 301 forms. Employee representatives will be provided access to the information about the case section of the OSHA 301 form in establishments where they represent employees. CSIP OSHA poster CSIP

Recordkeeping Misconduct As with any other law employers will be cited, and fined. Penalties are assessed. If you violate the law you are negligent and if someone is hurt you can be liable. Once you violate the law employers can be found to be negligent and liable.

If cited this means that the law was violated and employees were placed in danger. CSIP Recordkeeping Conflicting Management Directives Set an example by ensuring the entire message is appropriate If safety is paramount, avoid pressuring employees to overlook safety in favor of

speed What are some messages that can give conflicting directives? How an we be clearer in communicating directives? CSIP Recordkeeping Summary You must comply with the laws, rules and standards to protect workers. Define the issue, evaluate alternate work methods, develop means and methods that will provide equivalent or better protection for the workers, and evaluate the need for a variance. No

excuses. Protocol for activity hazard analysis must address the participation and involvement of the workers. Do you know what the culture and level of confidence is for workers to participate and speak up? This is a critical factor. CSIP Recordkeeping Summary The identification of work methods, safety and health programs are preventive in nature. Your program, policies, procedures and behaviors must provide prevention actions that you can rely. Telling

workers to be careful will not work. You must know your program, how it works, how the workers are involved, and you must know that you and your resources are looking out for each other. Seek SHARP recognition. CSIP ? ? ? Questions?

? ? ? OSHA Disclaimer CSIP This material was produced under grant SH29640SH6 from the Occupational Safety and Health Administration, U.S. Department of Labor. It does not necessarily reflect the views or policies of the U.S.

Department of Labor, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.

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