Risk Management Bulletin

Employees who don’t learn the safe way to work are accidents waiting to happen — and that means that workplace safety training should play an integral role in your company’s risk management program. Repetition is essential to this process. Make sure that your trainers repeat essential work safety concepts, information, and terms several times. Look at it this way: At any moment during a training session, some trainees probably aren’t going to be paying full attention — and if they don’t hear something, they’re not going to do it when they get back on the job. What’s more, many people might need to hear, see, or experience things at least twice before they understand.

Repetition is also important when it comes to practical applications of safety information. Employees need the opportunity to practice what they’ve learned until it’s locked into their heads and their performance is flawless. So when a safety procedure involves a practical act, be sure that the trainers give a demonstration, repeat it a few times until everybody catches on, and provide feedback while trainees practice.

You’ll also need repetition to make sure that workers don’t forget what they’re supposed to have learned. Training industry leader Bob Pike says that people can remember 90% of what they’ve learned one hour after training, 50% after a day, 25% after two days, and only 10% 30 days later. According to Pike, full retention of subject matter requires no fewer than six repetitions! That means plenty of follow-up and refresher training — especially for more complex material. Other experts recommend spacing safety reinforcement training so that employees can practice new procedures and skills or use new information on the job supported by coaching before they go back to the classroom for review and additional training.

Fall’s cooler temperatures are a welcome relief after summer’s scorching days. However, those lower digits also increase fire hazards in the workplace. Some of these hazards are created by employers, while others are created by employees. No matter the cause, business owners should assess their fire risk and take action to prevent a disaster.

Many types of businesses expose employees to damaging levels of noise pollution while they are at work. Surprisingly, many of the noises that cause hearing loss are not the loud uncomfortable ones that most people think of. Instead, they fall into the category of mid-level decibels and continue for long periods of time. As a result, hearing loss often occurs gradually, without workers even realizing it until it is too late. However, there are many precautions that employers can take to protect employees and reduce the level of hearing damage that occurs in the workplace.

Many business owners are caught off guard when problems arise in the workplace, even if those problems have existed for some time. Even employers who have good employee relationships are often kept out of the loop with regards to potential problems within the business. The fact is that employees are a business’s most valuable asset, and when a safe and open reporting culture is developed, they can be a business owner’s best defense against escalating issues that get out of control.

Create Anonymous Reporting Policies

Instituting a safe and open reporting policy requires the establishment of both identifiable and anonymous reporting options. Anonymous reporting options are especially important as many employees are unwilling to report their direct manager for ethical or other violations for fear of retaliation. Reporting options should also be available in a manner which is comfortable for employees. In plant environments where computer access is limited, an old-fashioned written form and drop box is the best option. Other options for identifiable reporting include computerized forms or even a designated email address.

Investigate Each Report

The key to successfully heading off problems is to investigate every issue reported by employees in a timely manner. In smaller organizations, the job of investigating reports often falls to the owner. In larger organizations, an individual may be appointed to investigate reports as part of their daily activities. No matter who the task falls to, it’s vital that it be performed regularly. Allowing too much time to pass between the initial reporting and the investigation allows evidence to be hidden and creates distrust with the employee who reported it.

Develop a No-Retaliation Policy

Getting employees to open up about problems in the organization is sometimes tough. One major reason is that they fear future repercussions such as job loss, reduced raises or being passed over for promotions. To alleviate these fears, businesses should develop and communicate a strict no-retaliation policy. This policy should emphasize that no employee will be negatively penalized for reporting any workplace issues. It should also clearly spell out the penalties for management and other employees for violating this policy.

Workplace violence encompasses a wide range of activities and is something that every employer should be prepared to deal with if it occurs. Unfortunately, many employers are not trained to identify the initial stages of workplace violence, which can allow it to escalate into a more serious event.

Types of Workplace Violence

When many think of workplace violence, they automatically think of the shootings which are so prevalent in national news reports. However, there are many other forms of violence, including verbal as well as physical. Physical violence can include physical fights or damage to another employee’s personal property, such as their car. Verbal violence often comes in the form of threatening to do harm to another employee. This can occur face-to-face, via email, text message or phone voice mail messages.

Identifying Potentially Volatile Situations

One potentially volatile situation is during the termination of an employee. Even well-mannered individuals can become irate when they lose their job. This can lead them to issue threats such as “I’ll get you for this”, or “this isn’t over”. Employers must take these threats seriously for the sake of their other employees and the safety of the workplace.

While this situation is clearly a threat, others aren’t so obvious. However, there are some clear behaviors that employers and employees can watch for which indicate a problem.

• An employee exhibits disruptive behavior such as yelling, cursing, verbally abusing others or seaming visibly agitated beyond reasonable limits.
• An individual exhibits physically threatening actions but doesn’t actually touch another person. These actions include moving aggressively into another individual’s personal space and oral or written threats.
• The individual exhibits violent behavior including physical assault, possessing a weapon, throwing items, hitting walls or slamming doors.

Ensuring Workplace Safety

Businesses must train all employees on how to handle situations of workplace violence. In addition to helping employees identify threatening behavior, employers should instruct them on the proper procedure to follow in such situations. Employees should know exactly who to contact and how. In addition, they should feel comfortable pulling a fire alarm or calling emergency response if the act of violence is severe enough.

Data breaches are reported daily and are an increasing concern for businesses that collect and store personal information from clients. However, it isn’t just large retailers and credit card companies that are at risk, so are small to medium size businesses. Even more concerning is that smaller businesses typically don’t have the controls or technology in place to properly protect data. All employers should know their risk for a data breach, how to prevent one and what to do if one occurs.

Types of Data at Risk
Many businesses are at risk of a breach simply by the activities that they perform. Businesses that sell items or services on their website can easily be hacked. Storing personal information for employees or clients either in unlocked filing cabinets, or on laptops or tablets that may be stolen is another risk factor. Even businesses that use cloud storage capabilities are at risk of attack. The type of information that is most at risk of being stolen are user account numbers, social security numbers, drivers license numbers, credit card numbers, bank routing numbers and any type of password protected account information. Names, addresses and phone numbers are typically not hacked and businesses are not legally responsible if this information is stolen.

Stop Breaches
Businesses are required to protect personal data no matter where it resides, which requires a multi-prong approach. First, businesses must invest in the latest security features for all software and hardware that it uses. This includes mobile devices such as smart phones and tablets. Additionally, employees who have access to personal information must be thoroughly trained on the proper handling of both the data itself and the systems on which it resides.

Responding to Data Breaches
47 U.S. states have laws requiring businesses to contact individuals if their data is accessed or stolen during a breach. The laws in your state will define what constitutes a breach, who must be contacted in case of a breach and how they must be contacted. It’s also a good idea for businesses at high risk of a data breach to purchase cyber insurance to protect against financial losses.

Maintaining adequate staffing levels at a business inevitably means that employers must go through the interviewing and hiring process. While many employers, especially small business owners, rely mainly on intuition to select the right employee, there is far more to the process. In fact, in today’s litigious society, there are some strict rules to abide by when it comes to interviewing potential candidates. Here are the hazards to avoid during the hiring process that will avoid placing your business in legal hot water.

Avoid Focusing on Personal Issues
Legally, an employer is not allowed to obtain personal information about an applicant in order to determine if they are fit for a position. For example, it is illegal to ask a candidate, “How long do you expect to live in the area?” Additionally, it is illegal for an employer to consider personal information that the candidate volunteers. If the employer asks the candidate to “Tell me about yourself” and the candidate reveals personal details, the employer cannot legally use the information as a basis for hiring or not hiring. Instead, employers should phrase the question as, “Tell me about your previous professional accomplishments”

Interview Questions Must be Consistent
Sometimes hiring biases creep into interview questions even when employers don’t mean for them too. For this reason, it’s important to develop a set list of questions before interviewing starts and to ask only those questions to each candidate. Questions must revolve around how the candidate would perform the job they are interviewing for and how they have performed in previous positions. Avoid asking off-the-cuff questions even when a good rapport is established with an interviewee.

Reference Checks
Interviews are only one step of the hiring process. Thorough reference checks are another vital component to hiring the right individual. First, verify that the reference can actually provide you with relevant information. Many candidates use friends who don’t have real insight into their work habits. Next, ask open-ended questions such as, “Why did the candidate leave your organization? These will solicit a more detailed response than simple yes or no questions.

The rapidly changing landscape of legal marijuana use has caused confusion among employers who have a strict no-drug policy in their workforces. After all, the burden is on the employer to provide a safe workplace for the other employees as well as for clients. How are they to do this when states make medical marijuana use legal and some sates even allow its recreational use? First, employers should realize that they are not obligated to allow drug use of any type while an individual is on the clock or at your workplace. However, beyond that, they laws get cloudy. Here are some legal guidelines to help employers navigate the tricky world of marijuana in the workplace.

Drug Testing
When regards to drug testing, employers in states where marijuana is legal have an additional burden. A positive drug test by an employee is typically not enough to take corrective action. Instead, employers must document additional criteria proving that the employee used marijuana while performing their job. As more and more states legalize marijuana use, companies may move away from random drug testing and toward random impairment testing. This would involve testing designed to determine if an employee is fit to perform their job or if some level of drug impairment exists at a given time.

No Tolerance Rules
Employers who have a strict “no drug” policy have nothing to worry about. They still have the ability to discipline or terminate employees who are caught with marijuana on them while at work or who display obvious signs of impairment due to drug use at work. Additionally, court cases thus far have ruled on the side of employers. Judges have consistently ruled that using legal marijuana protects individuals only from legal repercussions not from employer actions.

Hiring
Hiring is another tricky area. Employers who operate in Arizona, Connecticut, Delaware, Maine and Rhode Island are not allowed to disqualify job applicants simply because they use marijuana for medical purposes. However, companies can and should provide applicants who disclose this information with a detailed company drug policy explaining the actions taken if they use marijuana while on the job.

Chemicals are abundant in most workplaces, and even those that don’t use or store hazardous chemicals still represent a risk to employees. Even common cleaning supplies can pose a threat if used incorrectly. In fact, 32 million people are injured each year from chemical hazards in the workplace. For this reason, employers must remain vigilant for chemical hazards. Proper storage, labeling and training of employees will help to ensure that workers aren’t injured on the job.

Known Hazardous Chemicals
Workplaces that store, use or transport known hazardous materials must develop a HazCom program by law. The plan must be in writing and available to all employees at all times. It should include a list of all known chemicals, a description of their labeling, how to safely handle these chemicals and emergency contact information.

Common Chemicals Also Pose Risks
One of the easiest ways to prevent injuries from common chemicals is to ensure that all items are properly labeled. Never pour chemicals, such as cleaners, into empty bottles that have other labeling on them. In addition, workplaces that mix their own cleaning solutions should permanently label bottles and dispensers in a font that is easy to read. If the workplace has employees who are not native English speakers, label chemicals in additional languages as well.

Combustibles
Another chemical hazard in the workplace is from combustible chemicals. These are chemicals of any hazard level that are likely to ignite when they encounter a heat source. Many workplace accidents occur when employees store combustible chemicals too close to radiators, heating vents, space heaters or other heat sources. Proper training of employees to never store anything near heat sources will typically prevent accidents like this from occurring.

Employee Training
Employees should be trained in several areas to ensure their safety around chemicals. First, adequate safety gear such as gloves and eye protection must be provided by the employer. Employees must them be trained on how to wear the gear properly and when to wear it. Employees must also be trained on the proper procedures to take if they are exposed to harmful chemicals. This includes flushing the eyes or skin with water and contacting emergency medical professionals.