– by Ainsley Lawrence

– Ainsley Lawrence is a freelance writer with an interest in the way business, technology, and education intersect with the personal. She loves traveling to beautiful places and is frequently lost in a good book.

Nobody expects accidents to happen in the workplace. Nevertheless, unexpected emergencies will occasionally arise. As such, there’s an ethical and legal duty to prepare for a swift and effective response.

In many instances, Occupational Safety and Health Administration (OSHA) standards outline the minimum steps workplaces must take to effectively respond to emergencies. In others, conventions are set around labor laws or even the state’s worker compensation scheme and precedent of private compensation claims. It’s important to gain a good understanding of what your company’s legal liability is likely to be in emergency situations, alongside what it can do to prevent both problems and claims from arising in the first place.

Assigning Roles and Responsibilities

When an emergency arises, everyone must know how they should respond. This includes arranging specific roles for workers to safeguard hazardous areas and guide staff in evacuations. This isn’t only an ethical and practical duty, it’s also a legal obligation. Under OSHA standards 29 CFR 1910.38(a) and 29 CFR 1926.35, almost all workplaces are required to have an emergency action plan (EAP). This plan should include not just what should be done to minimize injuries, but also written clarification on how workers should behave.

What are the consequences?

There can be significant legal implications from the failure to have an adequate EAP that informs staff how they should act in emergencies. Firstly, your business may find itself subject to OSHA penalties. These can range between $16,131 to $161,323 per violation. The company may also be required to pay worker’s compensation related to any injuries and loss of earnings caused as a result of the lack of clarity in navigating hazardous emergency situations.

How can you reduce liability issues?

The best way to avoid issues surrounding liability is to create and regularly review EAPs. Company leaders could collaborate with the heads of each department and entry-level workers to identify all potential hazards and what actions need to be taken. Leaders should assign emergency roles to competent workers with adequate coverage for each shift. Importantly, businesses can ensure EAPs are formalized in documents that all staff members have access to. Training and drilling to confirm understanding of these actions both minimize accidents and mitigate liability.

Providing First-Aid Training

The most common emergencies in the workplace are unlikely to be widespread evacuation events. Rather, they’re usually medical emergencies confined to individual workers. One of the important steps here is having personnel on hand to respond to injuries immediately, performing first-aid to treat a wound, or keeping the worker stable until paramedics arrive. This is also subject to OSHA standard 1910.151(b), which outlines that an adequately trained staff member must be available to render first-aid.

What are the consequences?

As with any emergency response covered by OSHA standards, failure to comply could result in the aforementioned fines. In addition, if injuries are exacerbated or death is caused by the lack of trained first-aiders, the company may well face compensation claims from victims or their families. Even delays in colleagues applying cardiopulmonary resuscitation (CPR) can attract claims.

How can you reduce liability issues?

The simplest response is to provide thorough first-aid training to as many employees as is practical for the business. After all, some of the reasons that bystanders hesitate to give CPR include the fear of doing it wrong, lack of training, and the fear of being sued. Training can give workers not only the knowledge to save lives but also the confidence to respond quickly and effectively. The more workers that get initial and top-up training, the less likely companies will be to face significant liability consequences related to injuries and accidents.

Safeguarding on the Road

It’s always important to remember that liability as an employer doesn’t necessarily begin and end with the physical confines of the workplace. When workers are using company vehicles to travel to meetings, they may be on the clock. Emergencies related to company vehicle accidents aren’t the remit of OSHA, but businesses can still be liable. This often depends on the workers’ driving behavior. Indeed, if they are using the vehicle to drive to or from home and not during company hours, liability for incidents may be limited by the Employee Commuting Flexibility Act (ECFA). Nevertheless, if the employee was technically on the clock and otherwise acting responsibly, the company could certainly face claims related to accidents and injuries.

What are the consequences?

The consequences of a lack of adequate emergency preparedness will usually take the form of worker’s compensation claims and privately pursued lawsuits. What kinds of issues might warrant compensation? Inadequately maintained vehicles are certainly high on the list. The condition of a vehicle being a cause of the accident can lead to claims from the employee and other parties involved in the incident. Even poorly maintained safety features in the vehicle exacerbating injuries can put a business on the line for compensation.

How can you reduce liability issues?

Good emergency preparation for when employees use company vehicles tends to revolve around maintenance. Companies must ensure vehicles are regularly inspected, with particular attention to safety features. Seatbelts should also be replaced if there are signs of fraying or damage. It’s also important to replace these following a crash, as they’re designed to be single-use items. If your employees spend a lot of time on the road, it can also be wise to invest in defensive driver training. This can ensure they make good decisions on the road and can respond to problems they face.

Beyond Legal Consequences

Regardless of the legal consequences, failing to prepare your staff and workplace for accidents can lead to low morale. This can occur even if an accident doesn’t happen. If staff members feel like you don’t prioritize their safety, they’re more likely to leave and go about the workplace with a negative attitude.

Regardless of your company’s history with accidents, you must follow the aforementioned advice to keep employees happy. You should also continually check in with staff to gauge their happiness at the company, and their perception of their safety. You can do this through a variety of methods, including asking employees directly through surveys or evaluating employee absenteeism and turnover rates.

Conclusion

Employers are often liable for the consequences arising from inadequate emergency preparation. While there are certainly OSHA guidelines to follow, it can be important to go above and beyond these. Wherever possible, be thorough in examining the potential for accidents and giving employees the tools to safely respond to these. This not only mitigates the financial responsibility of any emergencies. It can also give your workers the confidence to thrive in difficult situations, improving their value to your business.