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Prevention Trumps Compensation: Legal Framework and Risk Management Strategies

This chapter delves into the legal obligations of employers to provide safe workplaces, addressing safety violations, and reducing compensation for employee shortcomings. Basic statistics and the role of a risk & safety manager are discussed, emphasizing a shift from penalty identification to prevention strategies. Challenges and solutions in addressing workplace injuries, including characteristics of high-risk workers, are explored. The importance of understanding claimants' perspectives and fostering a culture of responsibility is highlighted. References to cognitive biases, individual rewards, and fostering self-respect are included, with suggestions for future actions and resources for further learning.

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Prevention Trumps Compensation: Legal Framework and Risk Management Strategies

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  1. Prevention Trumps Compensation Every Time

  2. Legal Framework • Chapter 101 Department of Safety and Public Service –regulation of Industry, Buildings and Safety cited as s.s 101.11 Wis.Stats. • Employer’s duty to furnish safe employment and place of work • s.s 102.57 Violations of safety provisions – penalty to address shortcomings by the employer • s.s. 102.58 Decreased compensation to address shortcomings of employee

  3. Legislative Language • employer action obligation: • “reasonably adequate to render such employment and place of employment safe” • “shall do every other thing reasonably necessary to protect…”

  4. Basic Statistics • Unique Claims per Year • 25,000 to 30,000 • Strains 45% • Sprains 9% • Fractures 10% • Contusions 9% • Lacerations 5% • Crushing 1% • Amputations 1%

  5. Role of Risk & Safety Manager • Review Algorithm • 2500 claims per year • 1000 selected for additional information • Location, severity, training, contact information • How did the injury occur • 150 on site investigations

  6. From Penalty Identification to Prevention • Good News • A job with lots of opportunity • Bad News • No Budget • No staff • Out of the box outcomes, but none of that out of the box risk

  7. So, what assets do we have at our disposal? • Two complementary perspectives • System wide view point • Vast experience with individual situations • Informal discussions with employees and employers

  8. Our greatest challenges? • We are talking with people who are grappling with failure (while avoiding blame) • We work in a culture of denial

  9. Getting Started • Four characteristics over represented in the data • Recently started in the job • Young males under 30 • Second language learners • Workers over 55 at a new job site

  10. What claimants tell us.Confusing How with Why. • I don’t know what happened. • I wasn’t paying attention. • I was bored. • Nobody told me.

  11. Po • What do these characteristics have in common? • An inability to anticipate (imagine) danger in the workplace • An inability to maintain focus on task(s)

  12. Problem Analysis • What is different about activities we focus on, versus activities where our attention wanders? • Required interaction • Level of nuance and/or complexity • Variety • Practiced sense of self (That pesky internal dialog) • Coherence

  13. How do we help create individual rewards?

  14. How do we nurture greater receptivity by employees and employers?

  15. We are what we practice!That pesky internal dialog thing, again. • Foster self-respect. • Self respect must be earned, it cannot be assumed, or bestowed. • Reward recovery over all other achievement. • Focus on solutions, not blame • To foster responsibility, nurture response ability

  16. Where to from here? • Changing the Bully Who Rules the World, by Carol Bly • The work of George Lakoff • My hand out • I look forward to working with you in the future. • Thank you for your time and attention!

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