June 17, 2008

"For Nonsubscribers, safety training is truly a critical element of being successful with the decision to "Opt-Out"

By electing to become a nonsubscriber, the employer finds himself on the path where becoming more involved with the design of a benefit program tailored for the company is equaled in importance by management's becoming more involved with the welfare of employees through the implementation of controls to avoid workplace injuries.  Providing meaningful safety training has never been more important.

At a minimum, some training for safety and health is required by regulations from OSHA, the State, and insurance policy conditions.  Laws and regulations require specialized training in areas such as energy isolation ("Lockout/Tagout" in the common vernacular), hazard communications ("right to know" is the familiar phrase), forklift operator training or certification, and numerous other occupational activities.  To ignore such requirements can be disastrous.  For example, in one documented case, a well-meaning employee who had received limited instruction in forklift operation, but was not certified in accordance with OSHA regulations, tried to transfer a load from the dock to a truck and was seriously injured when the forklift truck ran off the dock.  The employee was critically injured, and the Nonsubscriber employer paid a rather substantial medical claim, but worse yet, the incident also resulted in a multi-million dollar negligence lawsuit for allowing an employee to operate a forklift for which he was inadequately trained.

Training is clearly needed as part of the requirement of employers to provide a safe workplace, and this includes not only the provision of safe working conditions, but also for the training of employees to work safely and to be provided with adequately trained co-workers.  Employers should do so to meet moral responsibilities, or to "do the right thing", but it is also critical for employers to avoid negligence in failing to provide a safe place to work.  This is especially applicable to Nonsubscribers, who have a greater measure of liability and therefore a greater incentive for providing a safe workplace for their employees.

Other aspects call for training to benefit both the employer and employee.  Simply put, avoiding accidents will reduce costly injuries.  As a result, employees are less likely to be injured and have higher morale, while employers will realize savings from the reduction of accidents and injuries.  The insurability of such employers is thus made more attractive and economically viable.

Some employers, in trying to shortcut training or "do it cheap", merely go through the motions of safety training and have employees sign a sheet that they have been "trained."  While this may (or may not) "satisfy" the regulatory requirements for the employer, it probably will not prepare the employees to actually do the job safely.  The result of shortcut training is that accidents and injuries are not reduced, even though the employer has actually spent some time and expense in the "training".  The answer to this problem is to have safety professionals either provide the training themselves or "train the trainers", by instructing capable employees on how to develop and train other employees.  Not only should such training be done by properly prepared (or accredited) trainers, and be recorded, but the effectiveness of the training should be determined with a documented test.

When all this is said and done, the time and expense invested in proper, effective training is an investment that pays large dividends to the prudent employer.  Anchor Risk Management, a division of Combined Group, has been providing safety validations and consulting services to Texas Nonsubscribers since 1992. 

Please feel free to call Blake Stock or Bill Propes, P.E., CSP at 800-275-3193.  You can also visit our websites at www.combinedgroup.com or www.anchor-risk.com.