Each year at this time, my colleague, Catherine Jones, publishes an index of the articles published by SafetyXChange in Best Practices (Tuesdays) and Training and Leadership (Thursdays). Although it's taken me three years, I have finally come to recognize that this is a pretty good idea.

So here's an index listing some of the more notable articles from the 2007 compliance newsletters. (Remember that all SafetyXChange articles are archived on the site. The Compliance and Risk Management articles can be found here.)

1. Protecting your workers isn't enough. You need to make sure that your health and safety policy extends to any person who visits your workplace. "THE VISITORS' SAFETY POLICY: Why You Need One & How to Create It, Part 2 of 2," by Glenn Demby, http://www.safetyxchange.org/article.php?id=447&cha_id=1

2. Nick O'Shay dropped by to explain why following an industry standard isn't an assurance of compliance. "DIARY OF AN OSHA INSPECTOR: The Industry Standard Alibi," by Nick O'Shay. http://www.safetyxchange.org/article.php?id=452&cha_id=1

3. Delivering appropriate and effective safety training isn't just a matter of safety; it's a legal obligation affecting everybody in the workplace. "THE LAW OF SAFETY TRAINING: The Responsibilities of Employers, Supervisors & Workers," by Judy Mellott. http://www.safetyxchange.org/article.php?id=457&cha_id=1

4. Avian influenza is a workplace health risk that carries liability implications. It's also a hazard that traditional OSH laws don't address. But in recent years, guidelines have started to emerge in both the U.S. and Canada. "AVIAN INFLUENZA & THE EMPLOYER: What Are Your Legal Obligations?," a four-part article by Glenn Demby.
For Part 1, go to: http://www.safetyxchange.org/article.php?id=462&cha_id=1. You can get parts 2-4 from there.

5. Safety obligations aren't defined simply by OSHA/OHS laws. There's also the little matter of the law of negligence. A recent court case helps clarify the interplay between OSHA and negligence laws. A DIFFERENT PERSPECTIVE ON OSHA STANDARDS: Lessons from a Recent Negligence Case," by Glenn Demby, http://www.safetyxchange.org/article.php?id=478&cha_id=1

6. Letting an employee get away with "minor" safety infractions undermines your safety program and creates hidden liability risks. This article explains the legal implications of being "a nice guy. "PLAYING FAST & LOOSE WITH SAFETY RULES:
Little Breaches Carry Big Consequences," by John Wettstein, http://www.safetyxchange.org/article.php?id=488&cha_id=1

7. Continuing the theme introduced by John Wettstein, veteran safety pro Gary Bennett discusses how to use something called the "employee misconduct" defense to avoid liability for OSHA/OHS infractions committed by workers in a two-part series, "UNPREVENTABLE EMPLOYEE MISCONDUCT: Using the Defense to Get OSHA Citations Dismissed," by Gary Bennett, See, http://www.safetyxchange.org/article.php?id=508&cha_id=1, for Part 1.

8. And, speaking of discipline, this four-part series describes the specific steps of progressive discipline and how to apply them to workers who commit safety violations. "THE SAFETY PROGRAM: Progressive Discipline for Safety Infractions," by Glenn Demby, for Part 1, see,
http://www.safetyxchange.org/article.php?id=648&cha_id=1

9. If one of your employees gets into traffic accident driving home from work after a grueling shift, it creates a liability risk for your company. This article explores the emerging law of drowsy driving. "DROWSY DRIVING: Are You Liable If Your Employees Do It?," by Glenn Demby, http://www.safetyxchange.org/article.php?id=493&cha_id=1

10. What, if anything, does the law require you to do about indoor air quality? Robert Breslin provides some answers. "INDOOR AIR QUALITY: The Liability Risks," by Robert Breslin, http://www.safetyxchange.org/article.php?id=503&cha_id=1

11. When the OSHA/OHS laws were written, they didn't specifically address terrorism. They still don't. But regulatory officials in the U.S. and Canada have started regulating the terrorism problem through the issuance of guidelines. This 3-part series explains the emerging rules. "TERRORISM & OSHA: Is Guarding Workers Against Terrorist Attack a Legal Obligation?," by Glenn Demby, see, http://www.safetyxchange.org/article.php?id=517&cha_id=1, for Part 1.

12. A new federal court case involving the rape of a prison employee by an inmate offers some interesting perspective on the employer's obligation to safeguard employees against violence in the workplace. "THE CASE FILE: Is Prison Liable for Rape of Worker By Inmate?," by Glenn Demby, http://www.safetyxchange.org/article.php?id=532&cha_id=1

13. Just training your workers isn't enough to ensure compliance. You must also document your training efforts and why you reasonably believed they were effective. This four-part series explains how to do that. "DEALING WITH OSHA: How to Document Safety Training," by Glenn Demby, http://www.safetyxchange.org/article.php?id=537&cha_id=1

14. Inspector O'Shay describes why having a safety policy you don't enforce can be more harmful to your liability exposure than not having a policy at all, "DIARY OF AN OSHA INSPECTOR: The Unenforced Policy," by Nick O'Shay. http://www.safetyxchange.org/article.php?id=562&cha_id=1

15. New Hampshire lawyer, James Laboe analyzes an employer's obligations to safeguard employees against the dangers of heat stress. "Prevent Heat Injuries & The Liability They Can Cause," by James F. Laboe, Esq., http://www.safetyxchange.org/article.php?id=567&cha_id=1

16. When you conduct an internal safety audit, you could be gathering the evidence that the government will use to prosecute your company. This two-part series explains how to use the law of "privilege" to prevent this from happening, "MANAGING LIABILITY RISKS: Using 'Privilege' to Keep Internal Safety Audits Confidential," by Glenn Demby,
http://www.safetyxchange.org/article.php?id=573&cha_id=1, for Part 1.

17. Preventing injury and complying with the law aren't necessarily the same thing. Veteran consultant Larry Wilson's two-parter describes the differences and how to "choose" between the two, "COMPLIANCE vs. INJURY PREVENTION: How Do You Choose?," by Larry Wilson, for Part 1, see, http://www.safetyxchange.org/article.php?id=585&cha_id=1

18. HazCom/WHMIS is a staple of OHS laws. Unfortunately - especially for global companies, systems vary from nation to nation. But a new globalization movement has emerged seeking to iron out the inconsistencies. "HAZCOM/WHMIS: The Global Harmonized System," by Greg MacDonald, for Part 1, see,
http://www.safetyxchange.org/article.php?id=595&cha_id=1

19. In 2006, we ran a two-part series on the liability risks employers incur when they serve alcohol to their workers at the company holiday party (or other company-sponsored event). We got so much positive feedback that we decided to reprise the series this year - and will likely do so (in updated form) next year. "SERVING ALCOHOL AT HOLIDAY PARTIES: The Liability Risks," by Glenn Demby, http://www.safetyxchange.org/article.php?id=674&cha_id=1

WHAT SHOULD WE WRITE ABOUT IN 2008?

If you have an issue you'd like us to cover in SafetyXChange next year, send us a note: glennd@bongarde.com, or catherinej@bongarde.com. Better yet, send us an article that you've written addressing the topic. Thanks.

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