OFFICIAL PUBLICATION OF THE NEW CAR DEALERS OF SAN DIEGO

Pub. 12 2023-2024 Issue 4

Ways To Improve Safety at the Workplace

Many dealers think that safety inspection and correction of hazards constitute an effective safety program, or that compliance with OSHA regulations is an effective means to gauge safety. Nothing could be farther from the truth. In nearly 40 years of experience with dealers in the safety arena, I have found these principles to be the most effective means to reduce injuries at the workplace and effectively reduce premiums.

Get management on board. There is an old adage: The safety train is not leaving the station unless the top management is on board. Management on the safety committee does not adjust the guards on the grinder. They are effective in delegating, allocating resources and monitoring the progress of the tasks set out for line managers. The liability from a mishap and the increased premiums and costs will hit the manager’s paycheck more than anyone else’s. Keeping an eye out helps reduce liability and keeps cash in the till. The general manager and senior management should be on the invite list for all safety meetings and must review all safety reports. Actively attending meetings keeps you informed of compliance needs and status so you can monitor and delegate as necessary. If you can’t measure it, you can’t manage it! 

Investigate accidents and take corrective actions. Einstein once said that doing the same thing over and over again and expecting different results is the definition of insanity. Facilities have employee back injuries and they send employees to treatment, rehab, physical therapy, etc. over and over again, but never investigate to find the root cause of the injury. In short, each accident must be thoroughly investigated and corrective actions taken. Get all departments involved. Lessons learned by one should be shared with other departments, which is even better since everyone is in one corporate setting. An accident investigation form is available on our portal and should be shared with all committee members. Last and not the least, accident investigation is a statutory requirement under the CA IIPP.

Focus on case management. Once an accident happens, open the lines of communication with the claim handler at the insurance company, follow-up with the broker and monitor the treatment to create an effective environment and keep claims under control. Ensuring that injured person is receiving good medical treatment and assistance from the insurance company is one of the key ways of keeping cases out of the hands of lawyers. It is a forgone conclusion that once a case reaches lawyers, wrong or right, your case management expenses will escalate.

Make safety everyone’s business. Everyone should be involved. This means from the porter to the president of the corporation. Safety should be percolating through the corporate culture at all times, and not merely something you do when you meet an outside consultant and review a memo or sign on a sheet of paper in exchange for a sheet of paper. At employee safety meetings, discuss near misses, accidents, training topics and things that can raise everyone’s safety awareness and action antennas. Do not create prejudice against the employee involved in an accident. Rather, discuss the causes and possible ways to eliminate such accidents in the future. Monthly safety topics are emailed by us to the management team. Safety meetings also provide a great avenue for employees to participate and voice their concerns. Employees are often the ones who are most knowledgeable on safety matters.

Have patience. Behavioral change takes time. A scientific study published 45 years ago studied monkeys’ behavior when seeking a reward and getting a cold shower instead. In one experiment, five monkeys were put in a cage with a banana on top of a ladder. When one monkey went up the ladder, a cold shower came down on all the monkeys. Then a new monkey was put in the cage (replacing an existing monkey), and when this new monkey decided to go up the ladder, the other monkeys beat him up and prevented him from going for the banana. This sequence was repeated until all five monkeys, who had never received a cold shower, were in the cage. When a new monkey (who had never been part of the experiment), was placed in cage and decided to go up the ladder, the other monkeys beat him up even though none had ever received the cold shower. Such is the experiment and thesis of “herd mentality.” So shepherding your troops to work in a safe manner takes time, direction and the proverbial cold shower at times!

Conduct background checks when hiring. Conducting background checks for new applicants is considered one of the most efficient ways to weed out possible 3F (fraudulent, fictitious or frivolous) claims. A phone call for an investigation to the previous employer’s HR manager usually releases the same information as you give out: not much. Background investigations should be conducted within limits established by law. The limits vary across states. Have the hiring department manager call his/her equivalent at the applicant’s previous employer. Acquaintances, past co-workers and friends are likely to release more information than HR representatives with a canned set of answers. 

DISCLAIMER: The contents of this newsletter are for informational purposes only and are not to be considered as legal advice. Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to environmental health and safety. The article was authored by Sam Celly of Celly Services Inc., who has been helping automobile dealers across the United States comply with EPA and OSHA regulations for over 38 years. Sam is a certified safety professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in chemical engineering, followed by a J.D. from Southwestern University School of Law (1997). Sam is a member of the American Chemical Society (No. 31176063), American Industrial Hygiene Association (No. 124715) and National Association of Dealer Counsel (NADC). Sam also serves on the Board of Orange County American Industrial Hygiene Association and on California Industrial Hygiene Council (CIHC). Our newsletters can be accessed at www.epaoshablog.com. Your comments/questions are always welcome. Please send them to sam@cellyservices.com.

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