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