Need to Avoid A Second Accident
5560905
37 Posts
Last November, one of our employees fell on the stairs while leaving the property at the end of her shift. We are in an historic building with elevator access to the third floor. This employee is required to take stairs from the third to the fourth floor. At any rate, the employee was loaded down with two shoulder bags, a small hard side cooler and shopping bag. Compounding the issue, she was wearing a long skirt that dragged the floor and pooled on the steps in front of her. No one witnessed the accident, but we have to believe that her long skirt, her loaded down condition (not work related items), and her inability to hold onto the safety handrail were contributing factors in the accident. The employee had pins installed in her ankle and was out on WC for three months. Upon her return, we accommodated here with a first floor workspace and onsite parking until her doctor released her to climb stairs. While she still has an occasional follow up doctors visit, the injury has healed and she is able to move around easily.
The employees manager has spoken to her on numerous occasions regarding taking the stairs while loaded down with all these bags and coolers.
We have informed her that we will provide her with any items she needs for work (she only needs to ask) and that she can take the elevator to the third floor and leave her food & beverages in the break room refrigerator. She still persists in bringing all these personal items with her to work each day. In fact, at one point, she was bringing a small suitcase on wheels with all this stuff. Our bag and parcel policy does not limit the number and size of items a person can bring but does allow us to search bags if we feel it necessary to do so.
Because this is a safety issue, can we restrict this one employee? I would like to advise her that she must restrict her personal items to one bag or purse and that she must keep one hand free for the safety handrail and one to hold up her long skirt when negotiating the stairs. My boss wants us to have her sign a "hold harmless" statement that if she falls again as a result of being loaded down with bags and parcels that we would assume no liability and that she would not be eligible for WC. Even if she signed that, I don't believe it would hold up....so I want to take an agressive stance with her regarding observing "safety" rules....keeping hands free to hold onto the handrails and to hold up her long skirts (if she must wear them so long).
Can anyone give me any ideas here. I'm treading on unknown territory. I don't want to punish all other employees because this employee is eccentric and thinks she has to bring all her worldly possessions to work....BUT I certainly don't want another major WC claim.
Thanks for any suggestioms you can give me.
The employees manager has spoken to her on numerous occasions regarding taking the stairs while loaded down with all these bags and coolers.
We have informed her that we will provide her with any items she needs for work (she only needs to ask) and that she can take the elevator to the third floor and leave her food & beverages in the break room refrigerator. She still persists in bringing all these personal items with her to work each day. In fact, at one point, she was bringing a small suitcase on wheels with all this stuff. Our bag and parcel policy does not limit the number and size of items a person can bring but does allow us to search bags if we feel it necessary to do so.
Because this is a safety issue, can we restrict this one employee? I would like to advise her that she must restrict her personal items to one bag or purse and that she must keep one hand free for the safety handrail and one to hold up her long skirt when negotiating the stairs. My boss wants us to have her sign a "hold harmless" statement that if she falls again as a result of being loaded down with bags and parcels that we would assume no liability and that she would not be eligible for WC. Even if she signed that, I don't believe it would hold up....so I want to take an agressive stance with her regarding observing "safety" rules....keeping hands free to hold onto the handrails and to hold up her long skirts (if she must wear them so long).
Can anyone give me any ideas here. I'm treading on unknown territory. I don't want to punish all other employees because this employee is eccentric and thinks she has to bring all her worldly possessions to work....BUT I certainly don't want another major WC claim.
Thanks for any suggestioms you can give me.
Comments
I agree with you that your boss's notion of signing a hold harmless agreement will not protect you.
I would compare this situation to one in which an employee engages in an unsafe work practice and is injured. After recovery, the employee persists in engaging in that same unsafe practice, risking additional injury. At this point, the employer should step up to the plate and take measures to ensure the employee stops doing it!
Explain in no uncertain terms to the employee why you are concerned about what she is doing and point out to her that she is doing the same thing that got her injured in the first place. Then, impose your restrictions.
Our position is that had she been holding the handrail, not overburdened with two huge totebags and cooler, and further hindered by a long skirt pooling on the step in front of her that she may have had a much milder injury - a mild sprain or the like - rather than the serious injury that she had.
We don't want to retaliate - just make sure that we do everything in our power not to have a repeat of the first injury.
I would jump right to a written warning limiting the number of items she can carry on any one trip and make sure she follows this practice. If she continues, you may end up with a termination, but at least you will have protected the company.
If it takes her three or four trips from her car to her desk, she may begin to see the light. Oh, and make sure she gets arrives early enough to accomplish all of this before she "clocks in." I would not pay her for all the extra trips at the start and end of each work day. Of course, if she is exempt, that part does not matter as much.
Then you can state that one hand must be on handrail at all times. If this one ee continues her practice then discipline based on your policy as you would any other ee.
JMO,
Lisa
As for retaliation........my question would be, have others been injured? Have you written them up when appropriate? Have there been injuries that were not the injured employees fault? Certainly, were they written up? (The answer better be no.)
Now, have you targeted those previously hurt, for discipline up to the point of discharge, or did you write them up, and those that did not break rules again continued on with happy employment? Did you ever promote people who were injured, after they were injured? I bet you have. Unless you know that your company truely does retaliate against employees who are injured, get your ducks in a row and proceed.
If so and the individual claims they are being retaliated against you can tell them that is crap! You are addressing specific behavior by them that is unsafe, and as they have been made aware unacceptable. Their choice is to continue this behavior, and suffer the consequences, or abide with the company's wishes that they work in a safe manner.
Finally address specific behaviors that are unacceptable with those individuals. DO NOT make rules that apply to everyone just to deal with one or two problem employees. Manage your people, manage the problems.
My $0.02 worth.
DJ The Balloonman
If it's unsafe for her it's unsafe for everyone.
"DO NOT make rules that apply to everyone just to deal with one or two problem employees"
What!!?!!?!? You just published the recipe on how to retaliate.
For example, try this statement, "Joe, you need to be more careful walking up the stairs. Why don't you try grabbing the handrail." Now look at this one, "Joe, you are now required to grab the handrail and if you are seen not following this requirement you will be disciplined. BTW, noone else has to follow this rule."
I think there is a huge difference.
And just as a question or two, I believe that the OSHA regulations are so huge that nobody completely knows what's in them, but I would bet there are some rules about how loaded down an EE can be for certain work functions. And I would further guess that stair-climbing might be covered somewhere.
It seems counter-intuitive to me to be able to observe an unsafe work practice and not be able to be more pro-active about it.
So if you had one person who was doing something unsafe, or unacceptable you would automatically make a new rule. Sorry Johnny, no sleeping allowed on the job. Should no sleeping be spelled out? Or is unsatisfactory job performance and or conduct that adversely affects the company not enough of a catch all to address unacceptable behavior with someone?
This person happens to have had a WC claim. If someone else had the same issue, but had not been injured, you would address it the same way.
My $0.02 worth.
DJ The Balloonman
"So if you had one person who was doing something unsafe...you would automatically make a new rule."
Yes. When we have accidents or near misses from either unsafe acts or unsafe conditions, the situation is communicated to everyone and safety requirements are communicated to everyone, if necessary. My experience is that if one person is doing it, many are doing it.
To make rules for only a few people is bad advice. If the rules are necessary for a few they are necessary for all.
>filing, if you demoted her for filing, if you
>created a hostile work environment for her for
>filing - then you're looking at retaliation (if
>your state even addresses this).
And just how would this company prove that it wasn't retaliation? Let's see....she's singled out for discipline for something as amazingly mundane as holding a handrail (hey, THERE'S something you never see happen)...she's being held to standards that probably do not apply to any other employee, and none of the company's actions occurred until after she filed for WC. This company had better thank its lucky stars that this is not a union environment, or that there is such a law in that state. Of course, it's just this kind of capricious and arbitrary action that spurs Unionization.
Like I said earlier, do you fire everyone who has had a WC claim? Have you ever promoted an employee who was previously injured? Do you typically move on, or do you harass the employees who got hurt? Have you had previous complaints of retaliation?
No previous complaints, no withc hunt once someone files a claim, and advancement of those who have been previously injured in my opinion show that a company does not retaliate against those who suffer an injury.
My $0.02 worth,
DJ The Balloonman
I don't agree with disciplining this employee (at least not right now.) However, I think you can certainly sit her down and have a conversation with her something to the fact that you glad that she is back at "full duty" and doing so well. However, you still have some concerns for her safety and want to know what you can do to help her. Explain that it has been noticed that she isn't using the hand rail when walking down the stairs and since her ankle may be "weak" from prior injury, you don't want anything to happen. Get her to tell you what you can do to help her prevent any future accidents.
I don't think you can discipline someone for their own stupidity. Also, agree with possible retaliation.
Good Luck.
E Wart
"Thank you!", once again to James S and all Forum participants for keeping this source of info available. Although I don't post comments that often, I do review the Forum every day. To all, keep up the good work.