from
www.osha.gov/Publications/poster.html (provided it is a version from April 2015 or later). It is highly recommended that printing operations include a policy in their handbooks stating employ- ees have a right to report any injury or illness with- out fear of retaliation and specifying the procedure for reporting work-related injuries and illnesses. The procedure must be reasonable and not deter or discourage employees from reporting.
OSHA gave examples of unacceptable programs and disciplinary policies that might deter employees from reporting injuries and illnesses. These include post-accident drug and alcohol testing, certain types of injury and illness reduction incentive programs, and indiscriminate discipline.
• Post-Accident Drug and Alcohol Testing Policies. According to OSHA, such testing may deter employees from reporting an accident or injury due to the inconvenience, burden, or inva- sion of privacy resulting from the test. If, however, the employer has an “objectively reasonable basis” that drug/alcohol use by the reporting employee could have contributed to the injury or illness, post-accident drug and alcohol testing does not violate the rule. If more than one employee is involved in an accident, then all involved employ- ees must be tested.
• OSHA was clear it cannot prevent any post- incident drug testing that is consistent with the terms of a state’s Drug-Free Workplace or workers’ compensation statutes, or federal law (such as U.S. Department of Transportation regulations). In addition, testing is permissible under the rule even in the absence of such a state or federal law if an employer’s private insurance carrier offers discounted rates for having a post-incident drug testing policy. Random, pre-employment, and reasonable suspicion testing are not covered by the rule and are permissible.
• Safety Incentive Programs. Companies may not create employee reward programs for positive outcomes such as low injury or illness ratings or number of days without a lost-work-time inci- dent. OSHA stated that these incentive programs
may deter injury and illness reporting and are not allowed under the rule. It is OSHA’s position, however, that a safety incentive program based on leading indicators, such as a program that incentivizes compliance with safety rules, com- pletion of voluntary additional safety training, or participation in voluntary safety committees or meetings, would not deter the reporting of injuries.
• Indiscriminate Discipline. The new rule pro- hibits employers from taking adverse action against employees that report work-related injuries or illnesses, such as discharge, demotion, or denying a significant benefit (e.g., bonus). Also prohibited is assigning the employee “points” that could lead to future consequences, demean- ing or embarrassing the employee, threatening to penalize or otherwise discipline an employee for reporting, or dismissing them for not follow- ing vague safety rules such as “Work Carefully.”
• OSHA is very clear that the new rule allows employers to discipline employees for violating legitimate safety rules. In instances where an employee violated a safety rule and was also injured as a result of that violation, then reported the injury or illness, that employee could be disciplined without violating the rule. To con- form to the rule, the company must have specific safety rules and demonstrate that these rules are enforced uniformly.
Conclusion Because the federal court did not issue an injunction or a final ruling, printing operations need to con- form to the provisions of the new rule. Other- wise, nonconforming companies are at risk of OSHA citations.
Printing operations should also review their injury reporting procedures as recommended. The best practice is to require employees to sign a form showing that they have received and read the policy. In addition, supervisors and other management personnel should be trained on the disciplinary procedures to ensure that they are implemented uniformly.
The Magazine 23
WINTER 2017
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