A basic progressive discipline policy (see Tools for a Model version) provides for at least four levels of punishment: verbal warning, written warning, suspension and termination. But there's no one way to do it and policies may vary depending on the company and collective bargaining agreement. For example, the penalty for a first offense may be counseling instead of a warning; or, there may be an intermediate penalty like demotion between suspension and termination.

For simplicity's sake, this article will focus on the plain vanilla four-level policy. Here's how to impose each level of punishment.

Step 1: Verbal Warning

Workers who commit safety violations should get at least one verbal warning. A verbal warning is more than just an informal 'watch-your-step.' You need to deliberately tell the worker that you're providing a verbal warning under the progressive discipline policy, the lawyers say. You also need to:

Write a memo describing what you said and the worker's explanation. Give a copy to the worker and the union and keep another copy in your files.

Step 2: Written Warning

If the worker commits another safety violation, issue a written warning.

Ask the worker to sign the warning to acknowledge that he received and understood it. Keep a copy of the signed warning in your files and give a copy to the worker and the union.

Step 3: Suspension

If the worker commits another violation, send a suspension letter.

Send the letter to the worker and the union via certified mail, return-receipt requested. Keep a copy in the files.

Step 4: Dismissal

If the problem continues, be prepared for the ultimate stage of progressive discipline: dismissal. Tell the worker you want to hold a formal meeting to discuss dismissal. The worker can then decide whether to have a union representative attend.

At the meeting, go over all previous incidents and disciplinary actions. Say that the problem persists and describe the immediate cause of dismissal. Give the worker and/or representative a chance to respond. If you're dissatisfied with the explanation, let the worker know he's dismissed.

Take careful notes of everything that happens at the meeting. Make sure at least one member of management attends as a witness. When the meeting ends write a final memo for the files summarizing what took place including your case and the worker's defense. Don't send the worker a letter listing your reasons for dismissal (unless you're required to under the collective bargaining agreement). Setting down all your reasons in writing might box you in at an arbitration hearing or court case.

Conclusion

There's a model policy in the Tools section of SafetyXChange that you can adapt to establish your right to impose progressive discipline on workers who commit safety infractions. Next week, we'll set up a hypothetical case to illustrate how to apply each step of progressive discipline and lay down an appropriate paper trail along the way.

YOU BE THE JUDGE
Did Employer Provide Adequate Training?

By Glenn Demby

What Happened

Two oil well workers are off-loading natural gas condensate into a free standing storage tank. A truck is parked too close to the tank. Its engine is running. An explosion occurs. The workers suffer severe burns. The employer is charged with failing to provide proper training. The employer denies the charge, noting that it gave the workers detailed safety manuals to read.

Who Won

The employer was found liable.

What the Court Said

Just handing workers a manual isn't proper training. Somebody from the company should have gone over the information in the manual with the workers or, at a very minimum, confirmed that they had read and understood the information it contained.

Source: Dial Oilfield Services, Alberta, Canada, as reported in The Canadian Press, Jan. 22, 2007.

Story Tools:  Email This Post  Print This Post Top