Employee Involvement, Roles, and Responsibilities

EMPLOYEE INVOLVEMENT AND EMPOWERMENT

When employees become an integral part of the safety process, meaningful and lasting changes occur. Employees develop a sense of responsibility and pride in the success of the overall program, increasing safety and health awareness which affects not only themselves, but coworkers and workplace visitors as well.

While it is ultimately management's responsibility to ensure worker safety and health, employee involvement is the key to making it work. Line employees have the most to contribute to their own safety by their direct involvement in OSH protection efforts. Line personnel are in immediate contact with hazardous chemicals and hazardous situations.

This worksite hands-on knowledge enables them to participate in hazard identification and problem-solving efforts. This employee involvement is a cornerstone guiding principle of our Integrated Safety Management System (ISMS) philosophy.

The DOE Integrated Safety Management System information may be found at:
http://www.hss.energy.gov/healthsafety/ism/

An effective safety and health program cannot succeed without the active participation of all organizational elements. DOE encourages employee involvement in developing the structure and participating in the operation of safety and health programs.

DIRECT AND INDIRECT COMMUNICATION

Employee involvement may take many forms. Methods used to encourage and sustain this involvement vary from facility to facility. However, two basic elements are necessary to increase the probability of success, unrestricted lines of communication and management action to address employee concerns. Lines of communication may be direct or indirect.

Direct communication means follow:

• standard operating procedures and open-door policy
• open meetings
• committee participation and work teams
• worksite inspections participation, hazard analysis, and control and design
• safety and health procedures development and design
• accident/incident investigations participation
• safety and health training development, review, and presentation
• one-on-one discussions with the immediate supervisor

Means of indirect communication may include safety suggestion boxes or an electronic mail (e-mail) system.

Union/Committee Participation

Employee involvement takes many forms, such as participation in:

• union/management safety and health committees
• specific-function committees
• workplace safety committees
• site inspections
• safety observer roles
• routine hazard analysis assistance
• site safety requirements and standard operating procedures development or revisions
• Training Qualified employees who are trainers or mentors are valuable resources.
  

Workers have the right to:

• Accompany DOE worker protection personnel during workplace inspections.
• Participate in FEOSH activities during official time.
• Express worker protection concerns.
• Decline to perform an assigned task because of a reasonable belief that, under the circumstances, the task poses an imminent risk of death or serious bodily harm to that individual, along with a reasonable belief that there is insufficient time to seek effective redress through the normal hazard reporting and abatement procedures.
• Access DOE worker protection publications, DOE-prescribed standards, and the organization's own worker protection standards or procedures applicable to the workplace.
• Receive notification when monitoring results indicate they were overexposed to hazardous materials.
• Receive results of inspections and accident investigations upon request.
• Have one or more employee representatives participate in briefings and the walk- around phase of oversight inspections.
• Report hazards without fear of reprisal.
• Refuse to work when faced with an imminent danger of death or serious injury.
• File a discrimination complaint if punished for reporting hazards or refusing to work when faced with an imminent danger condition.
• Request information about safety and health hazards in the workplace, precautions that may be taken, and procedures to be followed if the worker is involved in an accident or is exposed to toxic substances.
• Receive appropriate safety equipment and/or PPE, as well as appropriate training in its selection, use, cleaning, and disposal.
• Access relevant exposure and medical records.
• Review (or have an authorized representative review) occupational injuries summary information.
• Receive notification and provide input when an organization applies for a worker protection standard exemption or when an alternative worker protection standard is written.
• Receive notification when a worker protection standard or alternative worker protection standard is approved.

• Administer FEOSH program for office of responsibility.
• Ensure that required workplace inspections are conducted.
• Investigate and document employee concerns and reports of unsafe/unhealthful working conditions.
• Facilitate prompt abatement of OSH hazards and monitor progress.
• Encourage employee participation and involvement.
• Provide regular feedback to management concerning OSH.
• Ensure recordkeeping.
  
  

Managers/Supervisors

• Lead through actions.
• Encourage employee involvement.
• Take immediate and meaningful action to learn about and address employee concerns.
• Encourage employees to speak up.
• Listen to and seriously approach all concerns and suggestions.

Employee Representatives

• Represent designated DOE Federal employees in all safety and health matters.
• Provide information to designated employees concerning their right to a safe and healthful workplace.
• Notify FEOSH POCs of any reported concerns.
  
  

Employees

• Learn, understand, and comply with OSHA requirements and DOE safety and health policies at all times.
• Review and ask questions if you do not understand the safety and health educational materials posted/distributed.
• Be proactive, safety-conscious, and individually responsible by keeping yourself and fellow employees free from mishaps.
• Be certain that you completely understand instructions before starting work and avoid "shortcuts" from safe work procedures.
• If any doubt exists about the safety and/or healthfulness of doing a job, stop and get instructions from your supervisor or FEOSH POC before continuing the work.
• Use appropriate safety equipment and PPE in accordance with site procedures and training.
• Offer safety and health suggestions to your coworkers or supervisors whenever you feel they may reduce worker risk.
• Support your supervisors, safety professionals, or other fellow employees in their safety and health program roles.
• Understand your responsibilities for each arising emergency situation.
• Immediately report suspected safety and health hazards and concerns found in the workplace to the supervisor.
• Report to your supervisor any site degradation or personal physical condition that may affect the safe performance of your or coworkers' duties.
• Immediately report suspected workplace safety and health hazards, concerns, and violations to your supervisor (and union representative, if necessary and appropriate).
  

Several acceptable employee hazard reporting systems are currently used by DOE and the private sector. More common systems include oral reports to supervisors and union representatives, suggestion programs, maintenance work orders, and written forms providing anonymity. Many sites use a combination of some or all of these systems.

Oral Reports

At all worksites, employee oral reports to supervisors, union representatives, and safety and health POCs are encouraged. If the supervisor is properly trained and understands the scope of his/her responsibility for the workers' safety and health, informal oral reports are a natural occurrence.

For valid concerns, the supervisor has the additional responsibility of correcting the hazard, requesting correction by maintenance, or requesting facility management assistance. Facility managers may, in turn, request help from the FEOSH Program Manager/Coordinator.

Most work sites encourage this type of reporting. Used alone, however, it does not provide comprehensive, long-term hazard correction tracking and trending.

Suggestion Programs

The most frequently used written system is a suggestion program where employees are encouraged to make safety and health suggestions. This approach encourages employees to use their imagination when suggesting safer or more healthful work practices as well as reporting unsafe conditions and acts.

If these programs are being used to report safety and health hazards, management must ensure that collection points are checked several times a day and suggestions are read at the time of collection to ensure that hazards are corrected in a timely manner.

If the suggestion program is used as the sole means of reporting hazards or reporting them in writing, management must ensure that employees understand how to use the system for all types of safety and health reporting, not just presenting ideas.

"STOP" Program

Many medium or large worksites develop or buy an employee hazards-reporting system such as "STOP," developed by DuPont. Typical STOP programs include a format for training employees in basic hazard recognition. Employees write unsafe conditions and practices on cards, which are usually forwarded to their supervisor or manager for action and the safety department for checking and tracking valid hazard corrections.
Maintenance Work Order

For unsafe conditions, maintenance personnel normally will have to be called to make the proper correction. Contact your appropriate maintenance dispatcher for specific instructions and procedures; coordinate with your supervisor.

Note: This system should be used by employees reporting hazards only if there is a special high-priority code for maintenance safety and health work orders. In doing so, the maintenance supervisor is required to give them a higher priority than production improvement maintenance. Copies should be immediately carried to the safety department (or site safety and health professional) so that corrections can be tracked.

None of these hazard reporting systems, by themselves, are expected to stand alone in ensuring that hazards are corrected. For example, the maintenance work order system may do an excellent job of correcting hazardous physical conditions. Hazardous work practices, however, may need to be addressed via another reporting mechanism.

Employees should be encouraged to use whatever reporting mechanism (or combination) makes the most sense and allows for imaginative approaches in improving working conditions, work practices, procedures, etc.

Written Forms

While some of the systems described above include writing on forms, the best written system for your worksite may be one that you devise for employee hazard reporting. Anonymity, when desired, may be arranged by asking the reporting employee to not sign his/her name or give the filled-out form directly to the supervisor. Responses to anonymous reports may be provided by posting a typed response on a bulletin board in the area mentioned in the report.

Written safety and health issues should be reported to the supervisor and FEOSH Manager/Coordinator on DOE HQ F 3790.7, Notice of Unsafe or Unhealthful Working Conditions.

Policy for Reporting Unsafe/Unhealthful Work Conditions

Remember that, in all of these aspects discussed above, some variations will work better for your site than others.

Make sure your policy

• Encourages employees to report hazards.
• Is well-known and understood.
• Protects reporting employees from harassment.
• Responds appropriately in a timely manner.
• Tracks all hazards to correction.

Use the hazard information to revise your hazard inventory and/or improve your hazard prevention program.


REPRISAL PREVENTION PROGRAMS

One basic right of DOE Federal employees is to report hazardous conditions or practices without reprisal. The Department's policy is that no DOE employee shall be subject to restraint, interference, coercion, reprisal, or other discrimination by participating in the DOE FEOSH Program, including filing a report of unsafe or unhealthy working conditions or exercising other rights afforded by Section 19 of the OSH Act, Executive Order 12196, and 29 CFR Part 1960, Subpart G.

If an employee believes that he or she is experiencing a safety and health reprisal, the allegations should be handled through the Office of the Inspector General (IG), Employee Concerns Program, or the current DOE collective bargaining unit agreement, as outlined on the DOE FEOSH Poster with technical assistance from the appropriate safety office or the DOE FEOSH Program Office.

At each site, the New Employee Orientation should inform employees of appropriate procedures to follow when voicing concerns and protecting themselves against reprisal. Any employee or bargaining unit representative who believes that an act of reprisal or discrimination has been committed may file a complaint under grievance procedures, or the appropriate Article contained in the DOE/employee representative Collective Bargaining Agreement.

Additionally, if an employee feels uncomfortable in reporting a concern to the supervisor or safety professional, concerns may be reported with anonymity to the DOE local or DOE Headquarters Employee Concerns Program.

The Department of Energy Employee Concerns Program may be found at: http://energy.gov/diversity/services/protecting-civil-rights/reporting-employee-concerns

Any act of reprisal however slight or subtle against any employee who has reported a safety and health concern is a "prohibited personnel practice." A list of proper "personnel actions" is contained in Title 5 U.S.C., 2302 (a)(2)(A). "Prohibited personnel actions" are listed in Title 5 U.S.C., 2302 (b). Any personnel action would become "prohibited" if issued or authorized as reprisal or punishment for whistleblowing or exercising a protected right. Such actions would include significant changes in employee duties, responsibilities, or working conditions when unrelated to merit or position requirements.

Any employee who believes that a reprisal or discrimination act has been committed may file a complaint under grievance procedures, or the appropriate Article contained in the DOE/employee representative Collective Bargaining Agreement. An employee representative grievance must be filed within 15 workdays of becoming aware of the act or occurrence.

When such grievances are carried through an arbitration hearing, an arbitrator can order a stay of any "prohibited personnel practice" (reprisal) and include discipline to the supervisor involved (P.L. 103-424, October 29, 1994). DOE Order 3750.6 provides guidance on discipline for violations of Title 5 U.S.C., 2302.

ADDITIONAL INFORMATION

View the DOE FEOSH Program information brochure

General information on employee safety and health concerns may be found at:
http://www.civilrights.energy.gov/employee_concerns.asp

TECHNICAL ASSISTANCE

For assistance with your program contact:

David M. Smith, Manager
Federal Employee Occupational Safety and Health Program
U.S. Department of Energy
Office of Health, Safety and Security
HS-23-270CC
1000 Independence Ave S.W.
Washington D.C. 20585
(301) 903-4669
David.Smith@hq.doe.gov

Federal Employee Occupational Safety and Health (FEOSH) Program U.S. Department of Energy, Office of Health, Safety and Security (HSS) 1000 Independence Avenue, SW Washington, D.C. 20585-1290 FEOSH Program Manager: Carlos Coffman, HS-23, (301)903-6493 or Carlos Coffman