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Course Details

Practical Tips for Legally Disciplining Unsafe Workers

Webinar: ID# 1018065
Recorded CD
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About This Course:
More than 80 percent of workplace accidents are triggered by unsafe acts, rather than unsafe conditions, yet employers are held responsible by OSHA for the violative actions of employees.

While employee discipline is a critical component of the affirmative defense, OSHA is also scrutinizing both discipline and incentive programs more rigorously and is bringing a record number of whistle-blower actions against employers.

This topic helps the people responsible for enforcement of safety rules and employee discipline to understand how to effectively structure disciplinary programs, as applied to unsafe workers and others in need of performance modification, and avoid the legal land mines that can give rise to OSHA enforcement, employment discrimination claims, and worker retaliation claims.

Agenda

Determine If Discipline and Incentive Programs Are Legally Sound
  • OSHA's New Enforcement Policy Affecting Discipline of Injured Workers Who Violate Safety Rules
  • Whistle-Blower Protections Under Sec. 11c of OSH Act
  • Workers' Compensation Retaliation Issues
Learn How to Develop Appropriate Disciplinary Programs Involving Unsafe Workers
  • Motivational Goals and Objectives
  • Distinctions Between Formal and Informal Discipline Programs
  • Performance Improvement Programs
Understand Appropriate Triggers for Discipline
  • Nature and Seriousness of Offense
  • Role of Supervisors in Violations and Oversight/Training
  • Consistency Issues and the Verbal Warning
Implement Proactive Steps to Discourage Unsafe Behaviors
  • Supervisor's Role
  • Training and Communication
  • Proper Investigation of Incidents
  • Other Legal Issues and Solutions
About The Presenter

Adele L. Abrams, Esq., CMSP
  • President of the Law Office of Adele L. Abrams P.C., in MD, CO and WV; www.safety-law.com
  • Practice emphasizes all aspects of occupational safety and health and employment law
  • Conducts regular seminars and workshops on numerous OSHA, MSHA and human resource issues
  • Wrote several publications related to the areas of occuoational safety and health and employment law
  • Memberships include: ASSE, NSC, SHRM and ABA
  • J.D. degree, George Washington University; B.S. degree, University of Maryland
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Practical Tips for Legally Disciplining Unsafe Workers
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