Personal Liability for Safety Professionals
Adapted from Legal Liability: A Guide for Safety & Loss Prevention Professionals by Thomas Schneid & Michael Schumann and from Occupational Safety and Health Law Handbook fro ABS Consulting, Government Institutes
Roles & conflicts Criminal sanctions Protecting yourself with paperwork Protective theories Class exercise – Personal Risk Assessment
Introduction
Decisions affect health, safety & personal welfare Conflicting duties
◦ Management Cost concerns
◦ Employee welfare Unions
Expanding workload Mistakes = professional & personal problems
Conflicting Roles
Increase in use by OSHA◦ DOJ represents OSHA
◦ Willful violations – plain indifference, not intentional disregard
◦ Advanced notice of inspections
◦ Knowingly false statements, representations or certifications
State criminal codes◦ Must be approved by OSHA
Or have general applicability (traffic & fire codes)
Environmental statutes◦ No death requirement
◦ Knowing or negligent conduct
◦ EPA and OSHA MOU for joint inspections, referrals and information exchange
Criminal Sanctions
For when disaster strikes and the bombs start falling
Document details of every action◦ Management not committed to safety
◦ Compliance is not possible
Include correspondence, email, documentation of phone calls, minutes of meetings, denial of funding, etc.
Aids with credibility and memory◦ “Past recollection refreshed”
Hindsight is 20/20
“Pearl Harbor” file
3 for civil liability◦ Indemnification
Protection by company for actions within scope of employment Company pays legal fees, penalties and damages
◦ Insurance Creates ‘deep pockets’ Not available for criminal protection or willful actions Can be very expensive
◦ Minimal assets = “Can’t get blood from a turnip” Puts what you do have at risk
1 for criminal liability◦ Compliance
Personal Protective Theories
Personal Risk Assessment
“there is no substitute for a safety and health program that is in compliance with the OSHA standards”, Legal Liability, p. 194
Conclusion
Questions