Safety Issues at Work? Here's How to Mitigate Legal Risks

Employers have an obligation to their employees to keep workplaces safe and healthy. If you’re reading this blog post, you’re clearly the type of employer who genuinely cares about maintaining compliance in this area for the benefit of your workers. Good intentions are always the best foundation to start on, but just like anything else, often more is required to correct safety issues at work. 

In this post, I’ll cover the significance of employee safety services, not just as a critical measure for protecting your employees, but also for protecting your business as a whole, i.e., from potential legal risks. We’ll also touch on the importance of building a culture of safety in the workplace.

Lastly, if your business could use a hand getting started on a safety revamp (for example, via a comprehensive risk assessment), I’ll show you where to turn. 

RELATED: Reduce Employee Injury & Illness with Comprehensive Risk Assessments >> 

How Employee Safety Services Prevent Safety Issues at Work 

What encompasses “employee safety services” differs based on your unique industry, employees, business size, and the structure of your day-to-day operations. Employee safety services for some companies might involve ergonomic corrections for assembly-line employees, while others may need a professional air test conducted.

Further, some businesses simply have more risk or more varied risk than others, and the safety profile of each company will differ accordingly. No matter how small (or safe) your business operations may seem, there could be issues with potential Occupational Health and Safety (“OSHA”) violations hidden in plain sight.

Uncovering potential safety pitfalls occasionally requires fresh eyes, or better yet, the help of an experienced workplace safety professional. 

Legal Obligations for Workplace Safety 

Under the law, all employers have what is referred to as a “duty of care” (a legal standard of responsibility) to provide a safe and healthy work environment for their employees. This duty includes taking steps to prevent injuries and hazards, providing safety equipment and relevant training, and regularly monitoring for and fixing conceivable risks.

According to OSHA, employers must abide by a set of safety standards which include, but are not limited to, the following: 

• Examining workplace conditions to ensure compliance with OSHA standards 
• Ensuring employees have safe tools and equipment 
• Warning employees of potential hazards via posters, signs, color codes or similar 
• Creating safety procedures and updating them as needed 
• Providing safety training in a way that employees can fully understand 
• Providing medical examinations when required by OSHA 
• Keeping records of actual work-related illnesses and injuries (for many employers) 
• Correcting OSHA violations in a timely manner and submitting verification documentation of the correction 

If an employer is out of compliance with any of the above standards, they could face steep fines and penalties from OSHA, risk exposure to private litigation, and/or face a potential workers' compensation claim.

As of January 2023, OSHA’s maximum penalty for what the agency labels as “serious” and “other-than-serious” violations stands at $15,625 per violation. The maximum penalty for violations classified as “willful” or “repeated” stands at $156,259 per violation. 

Building a Culture of Safety in the Workplace 

When an employer cares about the safety of its workers, it shows. Establishing a culture of safety in the workplace starts at the top, and managers, supervisors and business owners are responsible for setting the tone.

Whether you’re interested in establishing a culture of safety in a new start-up business or revamping the culture at your established company, here are some great ideas for instilling the values you want to convey: 

• Provide periodic safety training 

You might assume that your employees know how to safely operate equipment and get their job done, but sometimes, workers “don’t know what they don’t know.” Even if you’re sure the bases are covered, refreshers on the most important guidelines are always helpful. 

• Establish a safety committee

  You may have written safety procedures in place, but is your safety plan a living document? All safety guidelines should be monitored for necessary updates on a schedule, and who better to assist in the review than a safety committee? 
  
  At Axcet HR Solutions, our safety consultants help establish and work alongside your business’ safety committee. Ideally, committee members will serve as your panel of in-house advocates for identifying and eliminating risks and gaining experience over time. 

• Encourage open communication of concerns

  Oftentimes, risks are most quickly identified by employees themselves—the very individuals who could be affected by them. Encourage employees to openly and honestly report all levels of concerns, from major operational issues to frequent strain in a certain area of the body. When you receive reports, make it clear that issues will be thoroughly examined and addressed. 

Axcet HR Solutions: Your Partner in Ensuring Employee Safety 

Axcet HR Solutions’ workplace risk and safety experts are adept at identifying and solving potential OSHA violations and/or safety concerns within your company. We can help you embark on the road to instilling comprehensive employee safety measures by conducting a comprehensive risk assessment.

Essentially an “internal audit” of your workplace safety framework, our comprehensive risk assessments identify deficiencies for which OSHA may find violations, including life code safety, electrical issues, unmarked hazardous chemicals, and machine safety. 

Axcet is proud to serve small to mid-sized businesses that care about the safety of their employees. You want to “get it right,” and we’re here to make it happen. To learn more about where and how we can help you get started, reach out to schedule a time to discuss your needs today.