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Personal Liability for Safety Professionals - CGLegalServices


									Adapted from Legal Liability: A Guide for Safety & Loss Prevention Professionals
  by Thomas Schneid & Michael Schumann and from Occupational Safety and
       Health Law Handbook fro ABS Consulting, Government Institutes
   Roles & conflicts
   Criminal sanctions
   Protecting yourself with paperwork
   Protective theories
   Class exercise – Personal Risk Assessment
   Decisions affect health, safety & personal welfare
   Conflicting duties
    ◦ Management
      Cost concerns
    ◦ Employee welfare
      Unions
   Expanding workload
   Mistakes = professional & personal problems
   Increase in use by OSHA
    ◦   DOJ represents OSHA
    ◦   Willful violations – plain indifference, not intentional disregard
    ◦   Advanced notice of inspections
    ◦   Knowingly false statements, representations or certifications
   State criminal codes
    ◦ Must be approved by OSHA
         Or have general applicability (traffic & fire codes)
   Environmental statutes
    ◦ No death requirement
    ◦ Knowing or negligent conduct
    ◦ EPA and OSHA MOU for joint inspections, referrals and
      information exchange
   For when disaster strikes and the bombs start
   Document details of every action
    ◦ Management not committed to safety
    ◦ Compliance is not possible
   Include correspondence, email, documentation of
    phone calls, minutes of meetings, denial of
    funding, etc.
   Aids with credibility and memory
    ◦ “Past recollection refreshed”
   Hindsight is 20/20
   3 for civil liability
    ◦ Indemnification
       Protection by company for actions within scope of employment
       Company pays legal fees, penalties and damages
    ◦ Insurance
       Creates ‘deep pockets’
       Not available for criminal protection or willful actions
       Can be very expensive
    ◦ Minimal assets = “Can’t get blood from a turnip”
       Puts what you do have at risk
   1 for criminal liability
    ◦ Compliance
   “there is no substitute for a safety and health
    program that is in compliance with the OSHA
    standards”, Legal Liability, p. 194

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