When To Terminate After Lost Time Injury

TX Annie · January 2005

I have an employee who just had his 3rd injury within 6 months. He was counseled for safety after the 2nd injury. He's a Lead and was not wearing all the required PPE. Had he worn it, he would most likely not be lost time & possibly would not have an injury at all.

PPE requirements are posted in each area of the plant and I have a signed copy of same for each employee on file. The plant manager wants to terminate him for not working safely - 3rd injury & no PPE. I feel comfortable with the counseling and the PPE sign off even if he should file a retaliation claim.

My question is:
When to terminate? He is going to be lost time for at least a couple of weeks. Terminate by certified mail while he's out?

I appreciate any help!

TN HR · January 2005

Terminate immediately. You have a duty to enforce published safety standards and to punish those who violate such rules. Make absolutely certain that unless the previous two accidents involved PPE violations, you don't make mention of them. Stick to your policy, which hopefully has zero-tolerance for PPE violations and has been systematically enforced.

Gene

Don D · January 2005

Excellent advice from Gene. Our policy mirrors yours and this would be termination for sure. I won't give the song and dance about documentation, consistency, witnesses, etc. You know the drill. But, yes, terminate, by registered or certified mail and state your reason so you can produce that letter at the hearing(s). BTW, OSHA would find you personally negligent and fine the company if they were to inspect, found this and saw that you did not terminate,(in my opinion).

mwild31 · January 2005

I would terminate immediately and deal with the retaliation claim (as one would most likely happen here in WA state) later. He's a LEAD for pete's sake - he has the responsibility to operate equipment and his person safely & ensure that his subordinates do the same. If he can't do it, then I worry about the safety of the rest of the group. When he's gone, I would go and meet with his team. They've been exposed to this fellow & they need to know that his practice of not following safety precautions and rules is not acceptable at the company.

TX Annie · January 2005

Thanks so much for the prompt responses! I will create the letter and send it today.

Balloonman1 · January 2005

ANy chance you can bring him in to term him? He will probably bring up that you cannot fire me for getting hurt. I like doing it in person, so when they say that you can respond with. You are correct, but you are not being terminated for getting hurt. You are being terminated for failure to follow our safety policy and the ppe requirements. You were written up on xx date and xx date, and were told that further occurrences would lead to discipline up to and including discharge. Make it clear that even if he didn't get hurt with the last incident you would have term'd him.
My $0.02 worth,
DJ The Balloonman

TX Annie · January 2005

I too like to terminate in person. He lives an hour away from the plant and he is taking pain meds. I don't want him to say we are responsible if he wrecks his vehicle on the way in and I don't want his wife to come with him......

CRS8383 · January 2005

All of the advice you have recieved is excellent. I might add just one thought. You didn't mention whether or not you normally discipline for PPE violations regardless of whether or not an accident occured. You mentioned the plant manager wants to terminate for not working safely. Unfortunately, I have seen situations where the Management only acknowledges safety violations when an accident occurs and tends not to notice when there is no accident. If disregarding PPE is a common practice, and your lead would know, and you only discipline when an accident occurs you may be increasing your risk. However, if strictly adhearing to the safety rules and proceedures is the norm and this is individual is a rogue cowboy I think you are definetly on track with termination.

When To Terminate After Lost Time Injury

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