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Ensuring Employee Accountability

Ensuring Employee Accountability: A Call for Citing Employees Under OSHA's General Duty Clause

The principles of workplace safety and health have primarily been focused on employer responsibilities, as they are primarily the ones shaping work conditions. Yet, as we further delve into the complexities of occupational safety, it becomes increasingly apparent that employees play a crucial role. While employers must certainly continue their efforts to foster safe work environments, it is also vital that employees be held accountable for their actions regarding safety, and this can be done by citing OSHA's General Duty Clause, Section 5(b).


The Occupational Safety and Health Act's General Duty Clause, Section 5(b) states that each employee must comply with occupational safety and health standards. This includes all rules, regulations, and orders issued under the Act, which apply to their actions and conduct. Traditionally, enforcement of this clause has been indirect, with employers bearing the brunt of penalties for employee non-compliance. However, a more direct approach could have a profound impact on overall workplace safety.


With this in mind, it is essential to discuss the Employee Misconduct Defense, a tool that employers can use to reduce OSHA fines. This defense comprises four elements: 1) written safety rules, policies, and procedures; 2) adequate safety training; 3) self-inspection and auditing; and 4) documented discipline for safety infractions.


By having clear, written safety rules, policies, and procedures, employers lay a foundation of expectations for employee behavior. Training is the next essential step; it empowers employees with the knowledge and skills necessary to adhere to safety standards and rules. Furthermore, self-inspection and auditing mechanisms allow employers to ensure consistent adherence to these rules and identify areas for improvement. Lastly, a documented discipline system provides a clear record of steps taken to address employee misconduct, proving the employer's proactive stance towards safety.


Employers often find it challenging to fulfill all these elements. However, doing so not only strengthens their defense against potential OSHA penalties but also enhances their safety culture. If every employer embraces this rigorous approach, employees would be well-equipped with the necessary knowledge and be aware of the consequences of their actions.


Studies have shown that a high percentage of workplace accidents are due to human error, often resulting from negligence or non-compliance with safety protocols. According to the National Safety Council, 85% to 98% of all workplace accidents are caused by employee mistakes, whether due to carelessness, fatigue, or disregard for safety rules. Despite the measures employers put in place to minimize these hazards, the implementation of safety procedures is largely dependent on the actions of the employees themselves.


Citing employees under Section 5(b) is not a call for punishment or fines, but rather a mechanism to bolster personal responsibility and heighten awareness of safety standards. The objective is not to penalize but to provide constructive feedback that will foster an ingrained culture of safety in the workplace. An understanding of accountability would act as an additional deterrent to negligence and create a more safety-conscious employee base.


The introduction of this practice would also lead to statistical improvements in safety outcomes. With employee errors contributing to 98% of accidents, even a conservative estimate of a 10% improvement in employee compliance due to increased accountability could lead to a significant 9% overall reduction in accidents. This shift could save thousands of lives and prevent countless injuries, considering that, according to the Bureau of Labor Statistics, there were 2.8 million nonfatal workplace injuries and illnesses reported in the United States in 2019 alone.


Moreover, it is not just about reducing accident numbers. A safer workplace results in improved morale, increased productivity, and lower absenteeism. It becomes a virtuous cycle that fosters a healthier, more productive work environment for everyone.


Therefore, it is in the best interest of all parties involved to consider this proposition. A citation under Section 5(b) could serve as a wake-up call for an employee to reassess their approach to safety. Employers gain a safer, more productive workforce, and society as a whole benefits from a reduction in the number of workplace accidents and fatalities. By holding every member of the workforce accountable for maintaining a safe and healthy workplace, we can create a culture that truly values safety and continually works toward its betterment.


Derek Jennings,

President Safety & Environmental Associates, Inc.

By Derek Jennings March 31, 2025
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By Derek Jennings February 7, 2025
The Occupational Safety and Health Administration (OSHA), in collaboration with the Partnership for Electrical Safety and KEMA Laboratories, has recently unveiled new guidance aimed at addressing arc flash hazards in the workplace. This guidance is a crucial update that highlights the need for comprehensive electrical safety programs that specifically include measures to protect against arc flash hazards. Here’s what employers need to understand about the new directives and how they can effectively respond. Understanding Arc Flash and OSHA's Recommendations An arc flash is a type of electrical explosion that results from a low-impedance connection to the ground or another voltage phase in an electrical system. The new guidance provided by OSHA not only offers a clear definition of what constitutes an arc flash but also elaborates on methods to mitigate such hazards during electrical work. The guidance includes detailed documents for employers and useful handouts for employees, emphasizing the common myths and the reality of arc flash dangers. The Role of NFPA 70E OSHA’s guidance strongly correlates with the standards outlined in NFPA 70E, the National Fire Protection Association’s standard for electrical safety in the workplace. Employers who are already compliant with NFPA 70E likely have a written Electrical Safety Program (ESP) that includes protocols for arc flash hazards. This new guidance serves to reinforce the importance of these existing standards while also urging those without comprehensive plans to take immediate action. What if You Don’t Have a Comprehensive ESP? For employers who have yet to develop an ESP that addresses arc flash hazards, OSHA’s guidance is a wake-up call. It is crucial to recognize that general workplace safety standards, although not specifying arc flash, require protection against electrical hazards under regulations like 1910.333. The absence of specific OSHA standards for arc flash does not excuse employers from the responsibility of protecting their employees from such risks. Implementing Effective Arc Flash Protection Measures Incident Energy Analysis: A foundational step in arc flash protection is conducting an incident energy analysis. This process involves studying the facility’s electrical systems to calculate the potential energy released in the event of an arc flash. Understanding this energy potential is essential for determining the arc flash boundary—the distance within which a person could receive second-degree burns or worse if exposed to an arc flash. Developing a Risk Assessment Procedure: Employ ers need to establish a procedure for assessing the risks associated with arc flash. This includes evaluating the tasks being performed, the condition of the electrical equipment, the maintenance history of the equipment, the energy involved, and the potentia l for human error. Deciding on Protective Measures: Once risks are assessed, decisions must be made regarding the best ways to protect employees. This often involves the use of Arc-Rated Pe rsonal Protective Equipment (PPE) and could also include engineering controls such as redesigning parts of the electrical system to minimize arc flash risks. Proactive Versus Reactive: The Choice is Yours The latest guidance from OSHA should be viewed as an unofficial yet critical call to action for employers to either update their existing safety measures or develop new protocols in line with NFPA 70E. Being proactive about electrical safety not only helps in compliance with OSHA’s standards but fundamentally enhances the safety and well-being of employees. Final Thoughts The introduction of OSHA’s arc flash guidance is a significant step toward heightened awareness and improved safety practices surrounding electrical hazards in the workplace. Employers are encouraged to review their current safety protocols, educate their workforce about the dangers of arc flash, and implement comprehensive measures to prevent such incidents. Always keep in mind that workplace safety begins with staying informed and well-prepared. Make it a habit to test before you touch it and prioritize safety like your life depended on it! For more insights into workplace safety and compliance, keep following our blog. Your safety is our priority, and together, we can foster a safer working environment for all. By Derek Jennings  President SEA
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