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What Does the Law Require Part 1 of 2
Programs that offer workers incentives and rewards to work safely are a source of considerable controversy. In his recent series, SafetyXChange advisor Wayne Pardy provides an excellent overview of the voluminous literature the topic has inspired. But there's one aspect of incentive programs that hasn't received much attention: their impact on an organization's compliance with OSHA/OHS laws. I'd like to talk about that now by focusing on how regulators in the U.S. and Canada view these programs.
A Tale of Two Countries
Americans and Canadians are governed by similar workplace occupational health and safety regulatory schemes. Federal, state and provincial OSHA/OHS laws and regulations describe the duties of employers (and, in Canada, of workers) to maintain a safe workplace.
The first and most obvious question to ask is what, if anything, these laws say about safety incentives. Are employers required to offer them? Are they allowed to? The short answers to these questions:
- No; and
- Conditionally, yes
The Legality of Incentive Programs
Let's briefly explain the reasons for these answers.
Are They Required? Generally speaking, OSHA/OHS statutes and regulations don't specifically address the topic of safety incentives. So offering safety incentives isn't a legal requirement.
Are They Legal? What the OSHA/OHS laws do say is that employers must keep records of and report workplace injuries, illnesses and fatalities. And therein lies the problem. The offering of safety incentives may be inconsistent with the employer's obligation to record and report injuries and illnesses.
The concern is that by offering workers rewards to work safely, employers are actually discouraging them from reporting illnesses and injuries. Because many incentives are based on group performance, they also tend to promote peer pressure to "suck up" minor ailments rather than report them and put the group's reward at peril.
Conclusion
The most vocal critics of safety incentives come from industry circles, academia and organized labor. But do governments share the same concern? We'll answer this question next week in Part 2 by looking at what OSHA/OHS regulatory agencies in the U.S. and Canada have said about the offering of safety incentives.
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FIRE SAFETY
A Kids' Checklist for the Home
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October is Fire Safety Month. And it's also the month in which Major League Baseball conducts its post-season. The National Fire Protection Association (NFPA) has combined both commemorations into one home fire safety checklist. The checklist is designed for kids to fill out. It's kinda "corny", but it's full of sound advice and is well worth giving to your workers so they can take it home to their families.
NFPA HOME FIRE SAFETY CHECKLIST
SCORE A FIRE SAFETY HOME RUN - DO A HOME FIRE SAFETY INSPECTION!
Instructions: Striking out fire in your home requires a little homework. Take about 20 minutes to inspect your home. As you go from room to room, answer the questions below. For each question you answer "yes" to, give yourself a point. When you're finished, add up the points to find out your score. Kids, ask a grown-up to help you complete this checklist!
FIRST BASE - COOKING SAFETY
Does a grown-up always stay in the kitchen when food is cooking on the stove? Yes __ No __
Are stove tops and counters clean and uncluttered? Yes __ No __
Are there pot holders within easy reach of the stove? Yes __ No __
Are pot handles turned inward so they can't be bumped? Yes __ No __
Are curtains and other things that can burn well away from the stove? Yes __ No __
Is there a "kid-free" zone of three feet (one metre) around the stove when grown-ups are cooking? Yes __ No __
SECOND BASE - HEATING SAFETY
Are portable space heaters always turned off when adults leave the room or go to sleep? Yes __ No __
If space heaters are used in your home, are they at least three feet (one metre) away from anything else that can burn, including people, furniture and pets? Yes __ No __
Does your fireplace have a sturdy screen to catch sparks? Yes __ No __
Has your chimney been inspected and cleaned during the past year? Yes __ No __
Has your furnace been serviced by a professional in the past year? Yes __ No __
Are propane tanks and other fuels stored outside your home? Yes __ No __
THIRD BASE - ELECTRICAL SAFETY
Are extension cords used safely? (Not under carpets or across doorways?) Yes __ No __
Are electrical cords in good condition, without cracks or frayed areas? (A grown-up should unplug lamps and appliances before inspecting the cords.) Yes __ No __
Are kitchen appliances, such as the coffee-maker, toaster oven and microwave plugged into separate receptacle outlets? Yes __ No __
HOME PLATE - SMOKE ALARMS/HOME FIRE ESCAPE
Does your home have smoke alarms on every level, including the basement and outside each sleeping area? Yes __ No __
Are the batteries working in all your smoke alarms? (A grown-up should help by pushing the test button to find out.) Yes __ No __
Are all the exits in your home clear of furniture, toys and clutter? Yes __ No __
Does your family have a home fire escape plan that includes two exits, usually a door and a window, from each room? Yes __ No __
Has your family picked a safe place to meet outside after you exit your home? Yes __ No __
Have you and your family practiced a home fire drill within the last six months? (Why not do one tonight?) Yes __ No __
Do you know the fire department's emergency phone number (which should be called from a neighbor's or nearby phone once you get outside)? Yes __ No __
WHAT'S YOUR FIRE SAFETY BATTING AVERAGE?
If you answered "yes" to all of the checklist questions above, congratulations! You scored a fire safety home run!
If you answered "yes" to 15 to 20 questions, you've made it to third base. Just make a few adjustments, and you'll easily hit a fire safety home run.
If you answered "yes" to 10 to 14 questions, you've hit a double. You're going in the right direction, but you've got some work to do before you get to home plate.
If you answered "yes" to fewer than 10 questions, you've reached first base, but you need to make many changes around your home in order to reach home plate.
For all questions to which you answered 'no," make sure your family takes the steps needed to make them a "yes" so you can all score a fire safety home run!
Source: NFPA, Quincy, MA
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