MEAT+POULTRY - September 2024 - 94

LABOR
Shared responsibility
No rational employer knowingly
tolerates hazardous conditions in their
workplace. Employees rarely proceed
when faced with a known danger. Yet
each year thousands of employees
are injured on the job. Some injuries
result from employee inattention, such
as failure to follow safety procedures.
Some are the result of hazardous
conditions that went undetected, or
even ignored by management. Most
workplace injuries are relatively minor,
but even minor injuries are costly.
An injured employee may be
unable to work for an extended period.
Workers' compensation benefits rarely
fully compensate an employee forced
out of work for their loss of earnings,
much less for pain and suffering.
The employer is forced to maintain
production levels despite being shorthanded.
Fellow employees suffer by
having to bear extra work. And if the
injured employee provides a unique skill
critical to production, the disruption can
be even more substantial.
The most fundamental duty an
employer has to their employees
is to provide a safe workplace.
Employees too have a duty to keep
themselves and coworkers free from
harm by rigorously following safety
rules. Workplace safety is truly a
shared responsibility.
In addition to workplace safety
being a moral obligation, it is a legal
responsibility. It is enforced by federal
and state law. At the federal level,
the Occupational Safety and Health
Act has been the law of the land
for over 50 years. It is enforced by
the Occupational Safety and Health
Administration (OSHA), a part of the
Department of Labor (DOL). The law
imposes certain safety requirements
known as " standards " for most
industries. In addition, it contains a
catch-all workplace safety rule called
the " General Duty Clause, " which
requires all employers, regardless of
size, to maintain a workplace free of all
known hazards and to promptly correct
any hazard when discovered.
While employee complaints often
trigger OSHA scrutiny, workplace
inspections or " audits " are OSHA's
primary enforcement tool. They can
be initiated because of a complaint but
are typically the result of inspection
programming or in response to a
workplace accident. The Biden
administration made workplace
safety compliance one of its highest
priorities. During his first week in
office, he directed OSHA to double the
number of inspectors and to initiate an
aggressive program of workplace audits.
Over 700 new inspectors were hired,
and the audits are ongoing. A single
violation can result in fines of more
than $13,000. Among the more common
but serious violations that are found in
the manufacturing sector are the lack
of proper guarding of machines and
inadequate lock out/tag out procedures.
Employers in all industries are likewise
frequently cited for recordkeeping
violations. Often the deficiencies
relate to the failure to timely record a
reportable injury or illness.
The three basic forms that must be
maintained are; OSHA Form 300, which
is a log of all work-related injuries and
illnesses; OSHA Form 301, which is an
illness and injury report; and OSHA
Form 300A, which is a summary of
all work-related injuries and illness.
Employers with 10 or fewer employees
do not need to complete these forms.
In addition to the small employer
exemption, there is an exemption for
certain low hazard businesses such
as many offices, banks, and similar
workplaces. Otherwise, employers are
required to maintain their OSHA logs
for a period of five years.
Employers that focus on instilling
in their employees a culture of working
safely will see positive results. Periodic
safety meetings are indispensable, but
workplace safety should be addressed
in production meetings, as well.
Another best practice is to conduct
regular, thorough self-audits to ensure
no hazards are overlooked. By making
it a priority, workplace safety can
become a self-fulfilling prophecy.
RICHARD D. ALANIZ | meatpoult r y@sos land.com
The most fundamental duty an
employer has to their employees
is to provide a safe workplace.
94 MEAT+POULTRY | 09.24 | www.meatpoultry.com
Jammy Jean - stock.adobe.com
http://www.meatpoultry.com
MEAT+POULTRY - September 2024

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