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OSHA News & Workplace Safety Blog
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May, 2019Mental Health in the Workplace
A Trillion Dollar Topic Considered a taboo subject in the workplace 30 years ago — something that was talked about in hushed tones around the water cooler and often referred to incorrectly as “a nervous breakdown” — the truth is that anxiety, depression and other mental health disorders are no longer looked upon with the same scrutiny as years past. Mental Health challenges are now recognized as very real, very treatable, and things very normal people deal with. Fortunately, there is a wealth of options available these days to help people overcome these issues, but getting employees to actually use these resources can prove difficult. According to the World Health Organization, more than 300 million people suffer from depression, the leading cause of disability, costing an estimated $1 trillion annually in lost production. Whether it is lack of productivity while on the job, or absenteeism, a company’s bottom line is negatively affected when an employee is under mental duress. For this reason, more and more companies are realizing the financial benefits of improving employee wellbeing. Breaking the Stigma Forward-thinking companies recognize that investing in employee mental health is every bit as important as physical health. But because of the stigma attached, it’s not always easy for an employee to open up about their struggles with supervisors or other co-workers. Often this barrier can be removed when a corporate leader opens up about their own issues, creating a safe environment for people who no longer feel the need to hide these issues. Sometimes, just the relief of not having to try to hide it anymore actually relieves some of that anxiety. It can actually be liberating, particularly when you discover you are not alone and learn that some of the people you interact with every day have dealt with or are currently enduring the same problems. There’s an untapped strength in admitting it and facing it head on. Whether it’s anxiety disorder, depression, attention deficit/hyperactivity disorder, bipolar, or any number of mental challenges, all can be improved with professional help. Postpartum depression, Seasonal Affective Disorder or Post-injury depression are all recognized conditions that respond well to treatment. How an Injury Can Affect Mental Health Post-injury depression for instance is an under-reported, yet very prevalent condition. Anxiety over the injury, lost wages and worrying about whether their job will remain when they return are very real concerns. Companies with solid policies for employees on leave are vital in the recovery process, including keeping in regular contact with the injured employee so this person knows they are not forgotten. Spreading Awareness in the Workplace Most businesses in this day and age take mental health issues seriously, addressing the hazards of stress, fatigue and anxiety. Making managers and employees aware of the signs of a coworker struggling, such as weight changes, withdrawing from others, changes in appearance or attitude, are all very important. Identifying the issue and having a solid plan in place so help can be offered promptly is vital to recovery. But the employer can only do so much. Reports show that less than half of the people who could benefit from mental health treatments available to them actually take advantage of it due to an antiquated feeling of embarrassment that is a remnant from a way of thinking that is decades old. Put quite simply, Mental Health needs rebranded so that everybody feels comfortable enough to seek help when needed so they can live life to its fullest.
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August, 2018Using Affirmative Defense With OSHA
Affirmative Defenses A defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal or civil liability, even if it is proven that the defendant committed the alleged acts. From the perspective of the Occupational Safety and Health Administration (OSHA), an affirmative defense is a claim that if established and found to exist, can help to potentially rescind a citation that an employer received. Three Most Common Affirmative Defenses: Unpreventable Employee Misconduct or “Isolated Event” Defense Impossibility/Infeasibility of Compliance Defense Greater Hazard Defense Any defense you wish to argue must be brought up at the informal conference or hearing. If you raise an affirmative defense, the Area Director, CSHO, or Judge may require you to provide certain documents supporting your defense. Example: If you claim that an employee acted in a way that is forbidden by your company’s written work rules, you will be required to provide a copy of those rules and provide evidence that the employee violated those rules. Unpreventable Employee Misconduct or “Isolated Event” Defense When you argue that a violation occurred because of employee misconduct that you could not have prevented, you must demonstrate all of the following elements: A work rule adequate to prevent the violation was in place; Effective communication of the established work rule to employees; Methods for discovering violations of the established work rules; and Effective enforcement of established work rules when violations are discovered If you fail to establish and provide evidence of ALL of these four elements, your defense will fail. Impossibility/Infeasibility of Compliance Defense An employer argument that compliance with a particular standard was simply not possible or would prevent performance of required work, and reasonable alternative steps were taken to protect employees. To demonstrate this defense, you must show that: Compliance with the standard’s requirements is functionally impossible, or would prevent workers from completing required work, and There are no feasible alternative means of providing equivalent protection for workers and reasonable alternative steps for protection were taken. If you fail to establish either of these things, your defense will fail. Greater Hazard Defense When an employer argues that complying with the standard would have created a greater hazard than noncompliance, and the employer took reasonable alternative steps to protect employees. To demonstrate this defense, you must show that: Compliance with the standard would result in greater hazards to employees than noncompliance, and There are no alternative means of employee protection that would be as effective, and Reasonable alternative steps for employee protection were taken. If you fail to establish any of these things, your defense will fail. For all Affirmative Defenses, the burden of proof lies with the employer to prove any affirmative defense through documentation of facts and evidence. Note: This article is being provided for guidance and should not be considered legal advice. For professional assistance, please call us at (724) 776-1003.