由于 OSHA,员工纪律存在灰色地带。 LaborSoft 分解了 HR 需要了解的有关高风险员工行为的详细信息。

 To Discipline or Not to Discipline:


 Organizations take many precautions to avoid violating safety regulations, but what happens when an grievance_modleemployee disregards these regulations in order to take short cuts or save time, or just has a laissez-faire approach when it comes to complying with regulations?  The reality is there is a gray area regarding recourse and the steps a company can take to 管教他们的员工 due to the Occupational Safety and Health Administration (OSHA), a federal agency set up to protect workers, and its laws and policies covered under the Occupational Safety and Health (OSH) Act.


工作场所安全 is a shared responsibility between a company and its individual workers.  Therefore, when employees do not comply with enforced safety rules and engage in 高风险行为 (whether unknowingly or not), it could result in unnecessary hazards for themselves and the workers around them. However, there are many considerations for employers when it comes to disciplining workers for violating safety rules.  This is because OSHA usually sides with employees since it’s in its mission to do so, specifically in Section 11(c) of the OSHA Act, which prohibits employers from discriminating or retaliating against workers who report injuries. 

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The best way to avoid safety violations is to build awareness around safety and identify potential dangers and pitfalls.  人力资源专业人员 and corporate trainers should apprise workers of the following when promoting safety regulations:

  1. 首先,HR 应该通过全面、明确的安全计划来培养安全意识。这应该促进安全的工作行为并区分不安全的方法,如果涉及建筑或体力劳动,可以包括戴安全帽的一切。此外,每月定期举行安全会议(最好不要超过 15 到 30 分钟,以保持注意力)。
  2. Next, make sure to incorporate a 纪律政策 into the specified safety program and review it during trainings and onboardings for new employees. Train ALL employees on proper safety procedures and rules and make sure that they are specific, clear, and jibe with OSHA guidelines.  Then, hold continuous trainings when operational needs or procedures get added or change over time. 
  3. 最后,在醒目的地方张贴安全规则、规定和程序。这应包括确定合格的设备操作员和应穿戴的防护安全装备(如果适用)。


Please note the difference between a disciplinary measure and a retaliatory measure.  Since the OSHA Act protects those employees who lodge complaints about unsafe working conditions to OSHA, it in turn prohibits employers from disciplining or discharging employees in retaliation for exercising their rights under this act. Examples of some employee rights under the OSHA Act are the right to lodge a complaint to OSHA, the right to testify against an employer regarding an unsafe workplace, and the right to report workplace injuries or file a workers’ compensation claim for said workplace injury.

Due to these inherent protections, you need to be careful and clear if you are going to discipline an employee for a violation of safety rules or regulations.  First, make sure you are overtly communicating to the employee what he/she did wrong and identify a fair and proportional disciplinary action you will be taking since the employee violated a rule, instill more severe measures if the violations are repeated, and 记录一切

OSHA 在关注这些案件中的歧视或报复时非常警惕,OSHA 的副助理秘书大卫·费尔法克斯 (David Fairfax) 表示,一些雇主可能“试图使用工作规则作为歧视的借口”出于这些原因,人力资源部遵循上述建议和指南非常重要,以免被误解或被指控歧视或报复员工。

LaborSoft’s innovative technology is one of many integral solutions that keep your business, in business. Our 员工关系分析, case management workflows, and our central repository of documentation streamlines case management to mitigate risk of operational bottlenecks, costly lawsuits, and legal ramifications stemming from HR issues and complaints. This sensitive data requires that maximum security protocols are in place and that your information is protected at all times.

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