Some safety professionals think safety and discipline are incompatible. Others disagree.

Howard Mavity, a labor lawyer and partner in the law firm of Fisher & Phillips, says discipline is essential for safety, but employers just aren't doing it. Mavity cites a firm study that found 56 percent of large general contractors were unsatisfied with how often supervisors disciplined employees for unsafe actions.
This is a problem for several reasons, including the fact that without a record of disciplinary action, an employer might not be able to demonstrate to OSHA that it is operating an effective safety program.
Lack of disciplinary action also makes it unlikely for an employer to use what's known as the "unpreventable employee misconduct/isolated incident" defense. It says that despite the employer's efforts to run an effective safety program, the employee acted unsafely.
For this defense to be invoked, you must:

  • Establish work rules designed to ensure safe work and to avoid OSHA violations
  • Communicate the work rules to employees
  • Train the employees as needed
  • Take appropriate steps to discover violations
  • Effectively enforce the rules and practices when violations are discovered
  • Document the above actions
So Why Don't Supervisors Discipline?
Why do supervisors fail to discipline unsafe employees? Mavity points to reasons, including:

  • The supervisor fears that using discipline will cause trouble for the employer.
  • The supervisor has not been trained and does not know how to discipline.
  • Discipline is only used following an action that led to a serious outcome, rather than in response to breaking of the rules.
The Fisher & Phillips survey also found that most companies make little consistent effort to train supervisors on when and how to discipline employees. Too often, Mavity adds, the only time an employer learns that an employee was working unsafely is in the course of a postinjury investigation.
Pro-Employee Discipline
Discipline has a "pro-employee" purpose and is the cornerstone of an effective safety management program, says Tracy L. Moon, Jr., another partner at Fisher & Phillips.To those who are concerned that discipline may not be beneficial, Moon suggests how discipline benefits everyone. It:

  • Removes poor performers in the workplace
  • Creates limits for employees
  • Improves morale when employees see good/bad behavior recognized
  • Limits potential negligent retention and negligent supervision claims
  • Provides the necessary accountability for an effective safety program
  • Avoids the appearance of discrimination and unfairness when consistently applied