In an article published on Tuesday, March 19, 2019 for Construction Executive, Courtney Paulk and Kelly Bundy discuss how employers can establish an “unpreventable employee misconduct” defense amid alleged Occupational Safety and Health Administration violations.
According to Courtney and Kelly, just because an employee broke the rules and did not follow safety procedures, it does not mean the employer is off the hook for liability. They go on to expand on the following six tips for employers to establish and succeed in unpreventable employee misconduct defense:
- Create an effective, written safety policy – which is the safest, best practice to communicate rules effectively and it provides the best defense in the event of a citation.
- Communicate work rules by making safety manuals mandatory reading, conducting consistent training for employees and periodically reviewing the set rules.
- Create a clear, progressive disciplinary policy to prevent future violations.
- Sufficiently monitor employees, including supervisors, to identify and prevent safety violations.
- Consistently enforce disciplinary policy without postponement to avoid insufficient enforcement.
- Document all disciplinary policies, training records and disciplinary records.
“Having documented disciplinary policies, training records and disciplinary records may help an employer establish effective communication of its rules, active monitoring and supervision of its employees, and adequate enforcement when violations are discovered,” Courtney and Kelly explained.
To view the full article, click here.
As president of Hirschler and head of the firm's litigation section, Courtney knows how to lead people and projects to a successful outcome.
Leveraging deep experience in the construction industry, Courtney advises public and ...
Liz combines enthusiasm and diligence to help her clients resolve complex disputes. Whether the dispute is a construction claim, a breach of contract, or a business tort, Liz brings focus and determination to every case. Liz has ...
Kelly’s practice focuses on construction law, commercial and product liability law, with an emphasis on dispute resolution—including mediation, arbitration, jury and bench trials in state and federal court. She routinely ...
Nate fully engages in each case and shoulders his clients’ needs. Communication, efficiency and careful judgment define his practice. In every case, he investigates competing claims to thoroughly understand their strengths ...
A professional engineer (P.E.) and an experienced lawyer, Webb began practicing at Hirschler Fleischer following four years of work as a consulting engineer. His multidisciplinary practice focuses on general business and ...
SubscribeSubscribe to Hirschler by Email
- Changes to Mechanic’s Lien Law Effective July 1!
- Virginia General Assembly: Construction Bills To Watch- Part 2
- Courtney Paulk and Kelly Bundy Discuss “Unpreventable Employee Misconduct” Defense in Article for Construction Executive
- Five Licensure Issues All Virginia Contractors Should Consider
- New Trump Executive Order Encourages Buy American Preferences in Infrastructure Projects
- Five Issues all Subcontractors and Suppliers on Federal Projects Should Consider
- Litigation. Arbitration. Mediation. What is the Difference and Who Should Care?
- Courtney Paulk to Participate in University of Richmond - Robins School of Business's C-Suite Conversations
- Virginia General Assembly Opens Session Today: Construction Bills To Watch
- Construction Year in Review: 2018 Trends and What To Expect in the Year Ahead
- Mechanic's Liens
- Occupational Safety and Health Act (OSHA)
- Department of Professional and Occupational Regulation (DPOR)
- Dispute Resolution
- Government Contracts
- Miller Act
- Workforce Development
- Virginia Employment Commission (VEC)
- Uniform Statewide Building Code
- Virginia Workers' Compensation Commission
- Change Orders
- Little Miller Act
- June 2019
- April 2019
- February 2019
- January 2019
- December 2018
- October 2018
- September 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- November 2017
- October 2017
- September 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016