NOVEMBER 2012
VOL 1 | ISSUE 3
The Safety Manager’s Plain-English Guide to Better OSHA Compliance
How to Create a Confined
Spaces Safety Program
Working inside a confined space makes a job 150 times more
dangerous—not only to the workers inside but to potential
rescuers sent in to help them in an emergency. The OSHA
Permit-Required Confined Spaces standard, Sec. 1910.146, is also
a frequent source of citations. Here are the 14 things it requires.
1. Identify Permit Confined Spaces
Determine if you have any confined spaces at your workplace
and, if so, classify them as either:
ƒƒ Non-permit, i.e., confined spaces that don’t contain
hazards capable of causing death or serious harm to
entrants; or
Can You Spot The
OSHA Violation?
ƒƒ Permit, i.e., confined spaces that do contain actual or
potential hazards.
2. Bar Unauthorized Entry into Permit Confined Spaces
Secure the entrance to any permit confined spaces using
physical barriers, locks, warning devices or a combination
to bar unauthorized entry. Notify workers of the existence,
location and dangers of the space by posting warning signs
or other effective means of communication.
See page 7 for the answer...
3. Define Acceptable Atmospheric Conditions for Entry
If you allow entry, create a confined spaces entry program that
lists the acceptable atmospheric conditions that must exist
prior to and sustained during entry.
4. Conduct Atmospheric Testing
IN THIS ISSUE
Require atmospheric testing of permit spaces before entry and
as often as necessary during entry to verify that acceptable
atmospheric conditions are still present and require immediate
evacuation if they’re not.
Feature: Creating a Confined Spaces Entry Program
OSHA Watch: Fines & Trends 4
Hazcom/GHS: How to Comply with New GHS Workplace Label Rules 6
Fall Protection: Training Workers on Proper Use of Fall Arrest Equipment 7
Trending Topics: Top 5 Resources on SafetySmartCompliance.com 8
Ask the Expert: Can OSHA Cite an Employer for Workplace Bullying? 8
5. Use Engineering Controls to Manage
Atmospheric Hazards
The entry program must list the engineering controls used
to manage hazardous atmospheres in the permit space, e.g.,
ventilation, purging, inerting and/or isolation.
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Full Program on Page 2 
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1032
FEATURE
Confined Spaces: A 14-Step Gameplan
HOW TO CREATE A CONFINED SPACES
SAFETY PROGRAM
Working inside a confined space makes a job 150 times more
dangerous—not only to the workers inside but to potential
rescuers sent in to help them in an emergency. The OSHA
Permit-Required Confined Spaces standard, Sec. 1910.146,
is also a frequent source of citations. Here are the 14 things
it requires
1. Identify Permit Confined Spaces
Determine if you have any confined spaces at your workplace
and, if so, classify them as either:
ƒƒ Non-permit, i.e., confined spaces that don’t contain
hazards capable of causing death or serious harm to
entrants; or
ƒƒ Permit, i.e., confined spaces that do contain actual or
potential hazards.
2. Bar Unauthorized Entry into Permit Confined Spaces
Secure the entrance to any permit confined spaces using
physical barriers, locks, warning devices or a combination
to bar unauthorized entry. Notify workers of the existence,
location and dangers of the space by posting warning signs
or other effective means of communication.
Managing editor
GLENN S. DEMBY, ESQ.
PRESIDENT AND CEO
ROB RANSOM
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OUNDA
TIO
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NEWSLETT
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6. Furnish Safe Means of Entry & Exit
List the methods used to ensure workers authorized to enter
the permit space, i.e., “authorized entrants,” can get in and
out safely for routine entry and emergency evacuation,
e.g., via use of ladders and other equipment, lighting and
protections against vehicular traffic outside the space.
7. Ensure Entry Supervisor for Each Entry
Entry must be overseen by an “entry supervisor” who gives
the green light after ensuring all safety measures are carried
out.
8. Assign Attendants for Each Entry
For each entry, there must be one or more “attendant”
who remains outside the space near the entrance to
communicate with authorized entrants inside and provide
help in an emergency. The entry program should require
designation of an entry supervisor and attendant and list the
qualifications and duties of each.
9. Create an Entry Procedure
The confined space entry program must contain an entry
procedure that lists the safety measures required, e.g.,
hazard assessment, verification of acceptable conditions of
entry and use of engineering controls to eliminate or control
atmospheric hazards. Review the entry procedure at least
once a year and more frequently any time you have reason
to believe it’s not providing entrants the necessary safety.
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2
4. Conduct Atmospheric Testing
Require atmospheric testing of permit spaces before
entry and as often as necessary during entry to verify that
acceptable atmospheric conditions are still present and
require immediate evacuation if they’re not.
HE
IS
November 2012 | SafetySmartCompliance.com
3. Define Acceptable Atmospheric Conditions for Entry
If you allow entry, create a confined spaces entry program
that lists the acceptable atmospheric conditions that must
exist prior to and sustained during entry.
5. Use Engineering Controls to Manage
Atmospheric Hazards
The entry program must list the engineering controls used
to manage hazardous atmospheres in the permit space, e.g.,
ventilation, purging, inerting and/or isolation.
Quick Codes Make It Easy to Access All the Content in this Issue Online!
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Featured Tool
Model Permit Confined Spaces Entry Program:
Adapt our Model Program, based on OSHA samples included in the actual
standard, to prevent confined space injuries and OSHA citations.
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10. Implement an Entry Permit System
Entry permits must be issued by the entry supervisor
before entry and posted at the entry site at all times when
authorized entrants are inside the space. Permits must
list essential information about the entry and steps taken
to ensure its safety. The permit serves as a checklist for
verifying that entry conditions are acceptable and required
safety measures are in place.
11. Furnish the Right PPE & Safety Equipment
You must furnish authorized entrants the equipment
they need at your expense, including PPE like respirators
and hardhats, rescue or retrieval systems and gear and
communication equipment. Require proper inspection, use,
care, maintenance and storage of PPE and safety equipment.
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Fatality Files
The Avoidable Confined Space Death of Jim Beals
It began when 54-year-old Beals and co-worker Jerry Sumner, both
mechanics, were ordered to make repairs inside a cornstarch processing tank.
“This was a boilermaker’s job,” Mr. Sumner recounts “that we’d never
done before.” But the supervisor reassured them the vessel was safe and
ordered them in.
The tank was what OSHA defines as a permit confined space. The 2 workers
had to “worm their way into” the narrow 12” x 18” opening. The crawl space
inside measured 24”. The insides were “slimy.” And the round surface made
walking tough.
But the real danger was the one Beals had filed a grievance about earlier
that day: the toxic gas propylene oxide (PO). Less than 15 minutes after
entering the tank, Sumner detected a liquid chemical seeping into the tank
from an open vent. “Then we started choking and I realized it was PO,”
Sumner relates.
Sumner remembers “going toward the light” and escaping. “I tried going
back in for Jim,” he continues, “but my eyes were burning.”
After recovering his vision, Sumner strapped on a Scott air pack and tried
to go back in. But he couldn’t get through the opening with the pack on.
Ironically, the breakdown in the rescue procedure saved his life. “I later
found out there was almost no oxygen in the air pack.”
Beals was overcome by PO vapors and died of asphyxiation.
Watch a video about the Beals tragedy, including interviews with Sumner
and other witnesses
5 Things the Employer Did Wrong
13. Coordinate Safety Measures with Contractors
& Subcontractors
Take measures to protect the workers of any contractors
or subcontractors you allow to enter permit spaces at your
site and make sure the contractor/subcontractor’s confined
space entry procedures don’t undermine your own.
14. Provide Safety Training & Instruction
Confined spaces training must be provided to 4 groups to
ensure they’re “proficient” in their duties:
ƒƒ Authorized entrants;
ƒƒ Attendants;
ƒƒ Entry supervisors; and
ƒƒ Rescue personnel. 
1. Letting Beals and Sumner enter a permit space without proper training
or PPE
2. Not having a safe entry procedure for entering the tank
3. Failing to control PO hazards in the tank
4. Not having a confined space emergency response and rescue procedure
5. Not having a safe means of entering and exiting a confined space
SafetySmart Compliance
12. Provide for Rescue & Emergency Response
The confined spaces entry program must provide for
rescuing authorized entrants if emergencies arise after
they enter the permit space. The preferred method is to use
retrieval systems that make it unnecessary to send in rescue
personnel. If retrieval systems wouldn’t be effective and you
must rely on rescue personnel to enter the space, ensure
rescue operations are as safe as possible.
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OSHA WATCH
WHY WORKERS GET KILLED
Statistics are fine but this visual does a way better job of conveying the primary causes of workplace fatalities.
Transportation
Incidents
Assaults and
Violent Acts
39%
Exposure to Harmful
Substances or
Environments
Contact with Objects
and Equipment
18%
16%
14%
9%
4%
21%
Are Highway Incidents
Falls
Fires and
Explosions
10 Highest OSHA Fines in August 2012 (all fines proposed)
1. $352,700 – Materials Handling, Fall Protection
6. $145,530 – Machine Guarding
Who Got Fined: Chicago metal forging plant
Why OSHA Inspected: Complaint that cranes didn’t have adequate brakes
Major Violations Cited: 2 willfuls—failure to fix problems with cranes identified during
inspection and not guarding open pits to prevent fall hazards; company placed in SVEP
[A. Finkl & Sons Co., No. 12-1569-CHI, Reg. 5, August 2, 2012]
Who Got Fined: Georgia facility that recovers steel wire used to produce springs
Why OSHA Inspected: Worker killed after getting caught in moving wire and pulled into conveyor
Major Violations Cited: 1 willful—failing to provide machine guarding to protect workers from
ingoing pinch points and rotating parts
[Koswire Inc., No. 12-1712-ATL, Reg. 4, August 27, 2012]
2. $225,000 – 44 Serious Violations of Multiple Standards
November 2012 | SafetySmartCompliance.com
Who Got Fined: South Dakota coolant core manufacturer
Why OSHA Inspected: Complaint about multiple safety concerns
Major Violations Cited: 44 serious—locked exit doors, LOTO, not documenting crane and
forklift inspections, inadequate machine guarding and lack of Hazcom labels and training; 5th
time company inspected since 2004 and placed into SVEP
[Adams Thermal Systems Inc., No. 12-1564-DAK, Reg. 8, August 7, 2012]
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3. $181,500 – Lead
7. $133,100 – Machine Guarding
Who Got Fined: Cleveland cotton and beauty products manufacturer
Why OSHA Inspected: Worker tells OSHA he lost a finger in a machine accident
Major Violations Cited: 1 willful—failing to provide machine guarding for transfer wheels of
54 swab machines; and 1 repeat-- failing to provide machine guarding for 12 automatic pack
machines;company placed into SVEP
[U.S. Cotton LLC, No. 12-1562-CHI, Reg. 5, August 7, 2012]
Who Got Fined: New Hampshire metal foundry
Why OSHA Inspected: To verify that employer had abated violations cited in previous
inspection (2009)
Major Violations Cited: 3 willfuls lead violations—excessive exposure to lead, lack of
engineering controls and failure to conduct additional lead exposure monitoring; company
placed into SVEP
[Franklin Non-Ferrous Foundry Inc., No. 12-1526-BOS/BOS 2012-148, Reg. 1, August 10, 2012]
8. $128,700 – Machine Guarding
4. $173,500 – Fall Protection, Electrical, Fire Hazards
9. $126,000 – Process Safety Management
Who Got Fined: Atlanta based construction contractor & 9 subcontractors for violations at
New Hampshire mall construction site
Why OSHA Inspected: Programmed inspection
Major Violations Cited: 5 serious violations—fall hazards including unsecured and unmarked
hole openings on roof, ungrounded electrical power generators and lack of fire extinguishers
[Hardin Construction, No. 12-1377-BOS/BOS 2012-140, Reg. 1, August 6, 2012]
5. $167,090 – Machine Guarding, Materials Handling,
Electrical, PPE
Who Got Fined: Oklahoma energy plant
Why OSHA Inspected: Follow-up to 2010 inspection carried out after worker killed
Major Violations Cited: 3 repeats— insufficient machine guarding of band saws and belt
sanders, not ensuring safe operation of and training for forklifts, not properly labeling electrical
circuit breakers and not doing a PPE needs assessment
[Wenco Energy Corp., No. 12-688-DAL, Reg. 6, August 29, 2012]
Who Got Fined: Montana sawmill
Why OSHA Inspected: Complaints about injured workers
Major Violations Cited: 25 serious and 2 repeats—failing to provide machine guarding for
augers in the boiler room and ensure the guarding of shaft ends on stackers—similar to violations
cited in 2011
[Tricon Timber LLC , No. 12-1758-MON (SF-182), Reg. 8, August 27, 2012]
Who Got Fined: Ohio hazardous waste treatment and disposal plant
Why OSHA Inspected: Process Safety Management NEP following up Dec. 2011 inspection
conducted after worker killed in dust explosion
Major Violations Cited: 10 serious and 1 willful—failing to review and annually certify process
safety management operating procedures
[Heritage-WTI Inc., No. 12-1563-CHI, Reg. 5, August 7, 2012]
10. $111,000 – Process Safety Management
Who Got Fined: Louisiana liquid natural gas production plant
Why OSHA Inspected: Targeted under Local Emphasis Program for Primary Metals
Major Violations Cited: 7serious and 1 willful—failing to conduct an analysis of pre-startup
safety conditions and systematically manage changes to process-related technology, equipment
and procedures
[Plains Gas Solutions LLC , No. 12-1745-DAL, Reg. 6, August 29, 2012]
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OSHA WATCH
ENFORCEMENT TRENDS
Settling Other-Than-Serious Violations to Set Up Repeats Later
Beware of OSHA’s new and, frankly, pretty squirrely enforcement tactic:
The Set-Up: Other-Than-Serious (OTS) violations carry a maximum fine of
$7,000, as opposed to $70,000 for a repeat and willful violation.
Step 1: OSHA inspectors accumulate as many technical violations as they can
find—missing tags on fire extinguishers, slight irregularities in the OSHA 300
logs, etc.
Step 2: OSHA characterizes the violations as serious and proposes a fine
somewhere in the maximum vicinity. If the employer accepts the penalties,
great; OSHA gets the money.
Step 3: If the employer puts up a squawk, OSHA offers to reduce the violations
to OTS and cut the fine or even completely waive it.
Step 4: The Sting: Under OSHA’s repeat violations policy, once you have an
OTS violation on record, you can be cited for repeats for the same or similar
violation within 5 years.
The Moral: Getting a serious violation reduced to an OTS looks like a pretty
good deal, especially if OSHA cuts or totally waives the fine. Just recognize that
when you accept an OTS, you put yourself in the probationary 5-year window
and get targeted for follow-up inspection If you have multiple locations, the
OTS you settled for one site serves as the basis for repeats for the same or
similar violations at another of your sites.
Learn more about whether to contest OSHA citations;
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MEMBER POLL
Featured Case
CITATION PROFILE:
NJ Firms Fined for Heat Stress Death
Who Got Cited: A temporary employment agency and the waste
management firm client in NJ where it placed one of its temps.
What Triggered the Inspection: OSHA inspected after the temp died of heat
illness while performing garbage collection duty for the waste management
company in June.
What Was the Citation: OSHA cited the temp agency and waste management
firm $7,000 each for violating the so called “general duty clause”, i.e., Sec.
5(a)(1) of the Occupational Safety and Health Act, which requires employers
to protect workers from hazards like heat stress that are “recognized” even
though they’re not subject to a spe 21 cific OSHA standard.
What the Employer Did Wrong: OSHA claims the employers failed to take
adequate measures to protect workers from heat stress hazards doing
outdoor work in sweltering summer weather.
How to Avoid the Same Violation: To protect your workers (and your
company), implement a heat stress program that involves taking at least
the following 9 steps:
1. Conduct a heat stress hazard assessment
Which OSHA Standard Is Hardest to Comply With?
2. Acclimatize your workers
3. Ensure that workers get access to shade and a continuing supply of
cold drinking water
OSHA Standards
4. Implement appropriate engineering controls, e.g., ventilation
loto (21)
6. Monitor workers exposed to heat hazards
Recordkeeping (12)
7. Implement safe work procedures for working in the heat
PPE (7)
8. Make sure workers wear appropriate clothing for work in the heat
Hazcom (6)
9. Make sure workers use appropriate PPE and protective equipment for
work in the heat
Confined Spaces (15)
Noise Exposure (6)
Also receiving votes: Respiratory Protection (6); Powered Industrial Trucks (6);
Bloodborne Pathogens (4); Guarding Floor/Wall Openings & Holes (4); Hazwoper (3).
Go to the Heat & Cold Stress Compliance Center to find out how to
implement each of these steps as well as how to protect workers against
cold working conditions.
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5. Provide workers heat stress safety training and education
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1037
FROM HAZCOM TO GHS
New GHS Label Requirements at a Glance
O
n May 25, 2012, important changes to Hazcom—the
OSHA Hazard Communication Standard—took effect
under GHS (Globally Harmonized System). Among the
most significant GHS changes that employers need to know
about are those affecting workplace label requirements.
Here’s a quick overview of the changes and how/when to
comply with them.
HOW GHS CHANGES HAZCOM
LABEL REQUIREMENTS
Under GHS, workplace labels will continue to play a crucial
role in communicating information about hazardous
chemicals to workers. But labels will look different and
include different kinds of information.
Who Creates Workplace Labels
As under current rules, the company that manufactures or
imports the chemical must create the workplace label and
ensure that it’s properly attached to each container of the
product (although employers may also prepare their own
labels if they want to).
The employer that uses the hazardous chemical downstream
must ensure that each container has an appropriate, legible
label that remains firmly attached and that all exposed
employees are trained how to read the label.
November 2012 | SafetySmartCompliance.com
The Difference between Hazcom & GHS
Labels—Appearance
One of the biggest differences between Hazcom and GHS labels
is what the labels look like. Here’s a side by side comparison:
http://compliance.safetysmart.com/articles-insight/latestheadlines/ghs-at-a-glance-label-requirements.
6
HCS Label
GHS Label
Visually, there are 3 things about the GHS label that jump
out, even to the untrained eyeball:
1. It lists more information than the current label;
2. It includes graphic symbols; and
3. It contains a third color—red.
The Difference between Hazcom & GHS
Labels—Information Listed
And that brings us to the next and most important difference
between the labels: the information they must contain.
Featured Tool
25 Step GHS Compliance Plan
Use this plan to make a successful transition from the current Hazcom to the
new GHS chemical safety requirements
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The current Hazcom label must list:
ƒƒ Identity of hazardous chemical, i.e., IUPAC chemical or
common name as listed on the MSDS;
ƒƒ Appropriate hazard warnings or words, pictures, symbols
or combination, providing: i. at least general information
about chemical’s hazards; and, ii.that, in conjunction
with the other information immediately available to
employees under the Hazcom program, furnish them
specific information about the chemical’s physical or
health hazards (click on the link to find out how GHS
affects the GHS program); and
ƒƒ The name and address of the chemical’s manufacturer,
importer or other responsible party.
The GHS label must list:
ƒƒ Product identifier, i.e., hazardous chemical’s name or
number;
ƒƒ Signal word, i.e., “danger” for more severe hazards,
“warning” for less severe ones;
ƒƒ Hazard statement(s), i.e., statements assigned to a
hazard class and category describing the nature of the
hazard(s) of a chemical and, where appropriate, the
degree of hazard;
ƒƒ Pictogram(s) in the shape of a square set at a point that
include a black hazard symbol on a white background
with a red frame wide enough to be clearly visible (Click
on the links to find out more about GHS pictograms and
hazard symbols).
ƒƒ Precautionary statement(s), i.e., phrases describing
recommended measures to take to minimize or prevent
adverse effects of exposure, improper storage or
handling; and
ƒƒ Name, address & phone number of manufacturer,
importer or other responsible party.
For More Help Complying with GHS Label Requirements
Go to the GHS to Hazcom Transition Compliance Center
for more help with GHS label and other Hazcom and GHS
requirements. 
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FALL PROTECTION
Personal Fall Arrest Equipment
Answer
The worker in this picture
is using the right kind of fall
protection. The bad news is
that he’s wearing it upside
down—the D-shaped ring
that’s dangling under his
behind should be positioned at
the center of his upper back!
What’s at Stake
Falls are a leading cause of
work injuries and deaths—
especially on construction
sites. One way [Company
name] protects you from
getting hurt or killed in a fall is by making you use what’s
called a personal fall arrest system. But it won’t work if you
don’t use the equipment right. Mistakes like wearing your
harness upside down could cost you your life.
HOW FALL ARREST SYSTEMS PROTECT YOU
If you’re working in a high place and fall, the personal fall
arrest system will stop your fall before you travel 6 feet or hit
something below.
Fall Arrest System
ABCs
There are 3 parts of
personal fall arrest
systems—the ABCs:
A is for anchorage
B is for body harness
(the grey straps in the
image)
C is for connections
between the anchorage
and body harness
Anchorage
Anchorage, aka “tieoff point,” is a device
like an I-beam, rebar,
scaffolding or lifeline
that holds the system
in place. The anchorage point must be designed and installed
so it can support the amount of force that would be applied to
it if a worker fell—generally at least 5,000 lbs. per employee
attached.
Featured Tool
Fall Protection Requirements Self-Assessment Checklist
Use to prevent work falls and OSHA fall protection citations.
QUICK CODE: 1039
Body Harness
A full body harness makes a
fall less violent by distributing
its force over the entire torso—
thighs, pelvis, waist, chest and
shoulders. The attachment
point on a fully body harness is
a D-ring. Basic rules:
ƒƒ Make sure D-ring is at the center of your upper back—not
under your tush, like in the picture
ƒƒ Make sure your harness fits snugly across the chest and
around the thighs
Connectors
Connectors like shock-absorbing lanyards, fall limiters, selfretracting lifelines and rope grabs connect the anchorage to
the body harness. Connector do’s & don’ts:
ƒƒ Do make sure snap hooks are the locking type or of
compatible size to the connection point
ƒƒ Don’t attach snap hooks to:
yy Each other (unless they’re designed to be attached
that way)
yy Webbing, rope or wire rope
yy A D-ring to which another snap hook or connector is
attached
yy A horizontal lifeline
yy Any object which is compatible with the shape or
size of the snap hook (because the snap hook could
become disengaged from the object). 
IMPORTANT FALL PROTECTION STATISTICS
ƒƒ I605 - Number of workers killed in falls at work in 2009
ƒƒ 212,760 - Number of workers serious injured in falls at
work in same period
ƒƒ 2 - Falls are the second most common injury that causes
workers to end up in a hospital
ƒƒ 38.2 - Number of workers per 10,000 injured in falls
ƒƒ 20.1 - Number of workers per 10,000 injured on average
in other kinds of accidents, i.e., falls are almost twice as
common as other accidents
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WHAT’S WRONG WITH THIS PICTURE?
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1040
Trending Topics
Top 5 Resources Used on SafetySmartCompliance.com
1. How Buddy Systems Save Lives
The story of Pennsylvania culinary worker Terry Confer who
wouldn’t be alive today if not for a buddy system and a work
culture where colleagues look after one another.
Ask the Expert
Employer Liability for Workplace Bullying
By Glenn Demby, OSHA attorney & editor-in-chief of SafetySmart Compliance.
Question: Can OSHA cite an employer for workplace bullying?
Answer: No. But an employer could be liable for bullying under other laws.
2. GHS Compliance Plan
A 25-step plan to help you make the transition from current
Hazcom to new GHS chemical safety rules.
3. Spot the OSHA Violation—Using Ice to Cool an Electrical
Panel Box
It would actually be funny if it weren’t all too real. Use this
photo and attached training scripts to train your workers
about electrical dangers.
November 2012 | SafetySmartCompliance.com
4. How to Survive an OSHA Inspection
This video points out some of the most common mistakes
employers make during OSHA inspections and how to
ensure you don’t make them yourself when the OSHA
inspector shows up.
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5. 13-Step Lockout Tagout Compliance Plan
LOTO is always a leading cause of OSHA citations and for
good reason: Failure to follow the appropriate energy control
during maintenance of equipment/machines can easily result
in death, dismemberment and other gruesome injuries. Use
the 13 step plan to ensure compliance with LOTO.
Explanation: OSHA can cite companies for workplace violence under the so
called General Duty Clause, which requires employers to keep the workplace
safe from “known hazards,” including workplace violence. Some argue that
bullying is a form of workplace violence and thus a known hazard. I think this
is a stretch even for OSHA.
Liability Under Other Laws
However, allowing workers to be bullied at work could result in liability
under other laws:
Discrimination: Failure to curb bullying could be a form of employment
discrimination if the bullying is based on race, religion, sex, age, ethnicity,
etc. Example: A St. Louis federal court recently ordered a national furniture
rental company to pay $41.6 million in damages to a female worker who was
bullied on sexual grounds by her male supervisor.
Whistleblower Law: Bullying and intimidation could result in OSHA liability if
it’s directed against a worker by a company official in retaliation for making an
OSHA complaint or exercising other rights protected by whistleblower laws.
Negligence: Individuals bullied at work can sue their employers for being
negligent in not preventing the bullying. Possible variations: Negligent
hiring, i.e., the employer was negligent to hire such a creep in the first place;
and/or negligent retention, i.e., the employer was negligent to keep such a
jerk on its payroll.
Infliction of Mental Distress: Workers may be able to sue for negligent or even
intentional infliction of mental distress. These claims are hard to prove.
Breach of Contract: Victims of bullying might claim that the company’s
failure to prevent the conduct violated an express or implied term of the
employment agreement.
State Anti-Bullying Laws: The Although no state has yet adopted such a
law, proposals to provide a mentally healthy workplace are under active
consideration in at least 11 states:
ƒƒ
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California;
Illinois;
Maryland;
Massachusetts;
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Minnesota;
New Jersey;
New York;
Utah;
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Vermont;
Washington;
West Virginia; and
Wisconsin..
QUICK CODE: 1041
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