Tag Archives: employee protection

ASSESSING RISKS – Guest Post

Assessing risks in any workplace should be a key part of an organisations strategy in helping them to make sure they protect both staff and the business. The process itself can often be made overly complicated but it really does not need to be. At its most basic all that is involved is working out what can go wrong and then putting control measures in place to try to prevent that happening and lowering risks to as low a level as is reasonably practicable.

Involving the right people from the very start of the process is vital to making sure risks are assessed thoroughly. This should include not only those in charge of health and safety and its implementation but also those directly involved in the work which is being assessed – after all these are the people that need to be protected. However, risk assessments should be carried out by competent persons.

Adequate risk assessments are fundamental to ensuring the effective management of health and safety risks at work. They should take into account:
•       people;
•       premises;
•       plant; and
•       procedures.

One approach to risk assessments is to follow these five simple steps:

•       Identify the hazards.
•       Decide who might be harmed and how.
•       Evaluate the risks and decide on precautions.
•       Record your findings and implement them.
•       Review your assessment and update if necessary.

Hazards are anything that could cause harm; e.g. working at heights, chemicals, electricity, etc., whilst the risk is the chance, whether low or high, that someone could be harmed by those hazards and an indication of how serious the harm could be.

Removing a hazard is naturally the best way to avoid risk but that is not always an available option. In the first instance then we should try to ‘avoid the risk’ completely, for instance by changing the process involved. If this is not an option then we should find a ‘substitute’; i.e. use less hazardous materials. If this is unachievable then we should ‘minimise’ the risk by possibly limiting exposure to individuals or implement ‘general control measures’ such as barriers or warning systems. As a very last resort ‘personal protective equipment (PPE)’ should be used to protect individuals.

Any controls implemented should focus on protecting collective groups rather than individuals whilst the more human behaviour is involved the more likely something is to go wrong. PPE is the last resort for this very reason – its successful application relies on its user adopting it correctly.

Generic risk assessments may well suffice for most repetitive activities in low risk workplaces such as offices and few if any control measures may therefore be required. However, if you are adopting this kind of approach for your organisation then you should be cautious as incorrect assumptions could be made and could result in forgetting that other risks exist.

To cover against all eventualities then site specific risk assessments should be undertaken to account for differing hazards such as different work conditions, locations, access or time constraints.

Risk assessments should not be used alone as a basis for assuming that employees with always apply common sense. It is also necessary to maintain an appropriate level of monitoring in the workplace to ensure continued effectiveness.

Risk assessments can include reports where hazards are described and control measures recommended or numerical rating systems (e.g. low / medium / high or 1–5 scales for likelihood and severity of an accident occurring) used to identify the level of risk. A numerical approach, however, can sometimes create a drive to achieve certain scores rather than to effectively identify and control risks.

The key to successful risk assessment therefore lies largely in the competence of those involved. Whatever choice is made regarding type or method of risk assessment, the results should always be consistent as well as being simple to understand and action.

Article by Gavin Bates from the Workplace Law Network

MORE INFORMATION ABOUT WHISTLEBLOWING

Doctor Who Attempted To Have Whistleblowing Nurses Prosecuted Is Put On Probation

February 9th, 2011 by GruntDoc in Better Health Network, News 
AUSTIN — “Texas medical regulators on Friday placed on probation a West Texas doctor involved in the unsuccessful prosecution of two nurses who complained anonymously that the physician was unethical and risking patients’ health.  The Texas Medical Board technically suspended Dr. Rolando G. Arafiles Jr. but allowed him to continue to practice medicine while on probation for four years if he completes additional training. The board also said Arafiles must be monitored by another physician and submit patient medical and billing records for review. The monitor will report his or her findings to the board. In the mediated order signed in Austin, the board concluded that Arafiles failed to treat emergency room patients properly, did not apply hormone therapy to a female patient appropriately and failed to document patient diagnoses and treatment plans.  The board also found that Arafiles improperly tried to intimidate two nurses who reported him to the medical board for unethical behavior.” 

This particular whistleblowing issue happened in a town where we lived for several years, Kermit, Texas.  The nurses had turned the doctor in to the hospital and an outside review for things they believed were harmful to patients, being done by this physician.  When the issue was virtually ignored, they reported anonymously to the Texas Medical Board, giving the file numbers (not patient names).  It took years to resolve the problem, but as you see in the above article, the physician in question was reprimanded.  The nurses, with the support of the American Nurses Association, and hundreds of nurses, were absolved of any abuse of divulging medical records, and received settlements, as well as reestablishing their good names. 

This is an example of accusations of violating Health Insurance Portablilty and Accountability Act of 1996, which protects the privacy of individuals’ health information.  An employee who thinks that he or she has been retaliated against for disclosing HIPAA-protected information in the course of reporting or complaining about a workplace safety or health issue, may file a complaint with OSHA within 30 days of the retaliation.  OSHA is charged with regulating health and safety in the workplace, and is considered a public health authority and a health oversight agency under HIPAA. 

Persons in all types of work have the right to complain, if they feel their work conditions may be harmful and the company isn’t taking action to correct it.  One example is employees who work for publicly traded companies or companies that are required to file certain reports with the Securities and Exchange Commission (SEC) are protected from retaliation for reporting alleged mail, wire, bank, or securities fraud; violation(s) of SEC rules and regulations; or violation(s) of Federal law relating to fraud against shareholders.  This became effective under the Sarbanes-Oxley Act of 2002.

If you believe that your employer retaliated against you because you exercised your legal rights as an employee, contact your local OSHA office as soon as possible, because there are legal time limits.  You have a limited right under the OSH Act to refuse to do a job  because conditions are hazardous.  You may do so under the OSH Act only when (1) you believe that you face death or serious injury (and the situation is so clearly hazardous that any reasonable person would believe the same thing); (2) you have tried to get your employer to correct the condition, and there is no other way to do the job safely; and (3) the situation is so urgent that you do not have time to eliminate the hazard through regulatory channels such as calling OSHA.  Regardless of the unsafe condition, you are not protected if you simply walk off the job.  Go to www.osha.gov for more information if you are in any type of situation that you fear for your safety.  

Unfavorable personnel actions may include: 

  •          Firing or laying off
  •          Demoting
  •          Denying overtime or promotion
  •          Disciplining
  •          Blacklisting
  •          Failing to hire or rehire
  •          Denying benefits
  •          Reassignment affecting promotion prospects
  •          Reducing pay or hours
  •          Intimidation 

We hope that this will help anyone who questions their safety on the job; we also hope that work conditions are favorable to all employees, and that they are guaranteed their safety under the law.