Safety Incentive Programs That Comply With! OSHA Presented by Max Muller

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1 Safety Incentive Programs That Comply With! OSHA Presented by Max Muller

2 Bribe

3 BEST PRACTICES Don t dos! Good incentive program concepts

4 Section 5 Duties Each employer:! 1. Shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm.! 2. Shall comply with occupational safety and health standards promulgated under this Act.

5 Your employees and their representatives must be involved in the record-keeping system.! You must inform employees on how they are to report an injury or illness to you.! You must provide limited access to your injury and illness records.! You must set up a way for employees to report work-related injuries and illnesses.! You must tell each employee how to report work-related injuries and illnesses to you. Title 29! Code of Federal Regulations! Part 1904

1904.36 Title 29! Code of Federal Regulations!

6 Title 29! Code of Federal Regulations! Part 1904 Section 11(c) prohibits an employer from discriminating against an employee because the employee reports an injury or illness.

Reporting a violation of the statutes Retaliating

7 Worker participation in safety activities! Reporting a work-related injury, illness, or fatality! Reporting a violation of the statutes Retaliating against a worker for reporting an injury or illness is illegal discrimination.

8 Ensuring that employees can report injuries or illnesses without fear of retaliation is crucial! to protecting worker safety.

9 Discipline imposed against an employee who reports an injury is a direct violation of section 11(c).! Such a policy is inconsistent with the obligation to establish a way for employees to report injuries under 29 CFR (b) otentially Discriminatory Policies

10 Because the act of reporting the injury results in discipline, there is potential for violating section 11(c). Such procedures can t unduly burden the employee s right and ability to report.

11 Factors OSHA will consider:! 1. Whether the employee s deviation from the procedure was minor or extensive, inadvertent or deliberate! 2. Whether the employee had reasonable basis for acting as he or she did! 3. Whether the employer can show substantial interest in the rule and its enforcement! 4. Whether the discipline imposed appears disproportionate to the asserted interest

pursuant to this Act which are applicable to his own actions and conduct.

12 Section 5(b) SAFETY Violation Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct. OSHA expects employers to use discipline if that is necessary to keep workers safe.

13 1. Does the employer monitor for compliance with the work rule in the absence of an injury? Circumstances 2. Does the employer impose equivalent discipline against employees who violate the rule? 3. The nature of the rule cited by the employer will also be considered.

14 In violation of! Section 11(c)!

15 Incentive programs that discourage employees from reporting their injuries are problematic because, under section 11(c), an employer may not in any manner discriminate against an employee because the employee exercises a protected right, such as the right to report an injury Memorandum

If the incentive is great enough that its loss dissuades a

would result in the employer s failure to record injuries

In this case, the employer is violating that rule, and a

16 If the incentive is great enough that its loss dissuades a reasonable worker from reporting injuries, the program would result in the employer s failure to record injuries that it is required to record under Part In this case, the employer is violating that rule, and a referral for a recordkeeping investigation should be made Memorandum

17 Lowest Injury and Illness Rate

19 OSHA s Voluntary Protection Program Guidance Positive Incentives! Providing T-shirts! Offering modest rewards! Throwing a recognition party The review of incentive programs must focus on ensuring that any incentive programs in operation are not based solely on providing awards to employees for the reduction or absence of safety or health incidents

20 Behavior-based, participatory safety incentive programs are more effective and less punitive than outcome-based, ratebased programs.

21 Smaller, simpler programs often work better than larger, complex ones.

22 Great enough that its loss disuades reasonable workers from reporting injuries

23 Determine your desired outcomes. What s your goal? Step 1 Key ELEMENTS

25 Think about what you re trying to accomplish.

26 Give them ownership.

Identify the metrics you ll use to determine if you ve met your goals. Examples:! 1. A reduction in the number of occurrences! 2. An increase in the number of occurrences! 3.

27 Identify the metrics you ll use to determine if you ve met your goals. Examples:! 1. A reduction in the number of occurrences! 2. An increase in the number of occurrences! 3. Number of reports of near misses! Step 2 4. Number of reports identifying a potential hazard! 5. Number of individuals volunteering to lead a safety meeting! 6. Number of individuals participating in a drill! 7. Number of individuals completing a safety leadership course Key ELEMENTS

28 Decide what reward is going to get your employees to best participate. Step 3 Key ELEMENTS

29 CASH! Equivalent

30 Common Types of Award Delivery Structures! 1. One-off prizes! 2. Monthly gift vouchers! 3. Moral incentives! 4. Safety raffle! 5. Paid time off! 6. Caught doing something right! 7. Completion awards! 8. Monthly rewards

31 Implement your program. Step 4 Key ELEMENTS

32 Assign responsibility for administering the program. Step 5 Key ELEMENTS

33 Ensure you ve properly calculated all the costs involved. Step 6 Key ELEMENTS

34 Review the success or failure of the project on a formal basis. Step 7 Key ELEMENTS

35 Define your goals. Identify the metrics you ll use. Decide on your award. Implement your program. Step 1 Step 2 Step 3 Step 4 Key ELEMENTS

36 Assign an administrator. Obtain commitment. Review success and failure. Step 5 Step 6 Step 7 Key ELEMENTS

37 Welcome to Safety Incentive Programs That Comply With OSHA Q&A With Max Muller

38 Thank you for joining us today!

February 22, Via Electronic Submission:

February 22, Via Electronic Submission: 1220 L Street, Northwest Washington, DC 20005-4070 Tel (202) 682-8000 Heidi Keller Policy Advisor February 22, 2016 OSHA Docket Office Occupational Safety & Health Administration United States Department