Protect yourself when safety advice ignored
Don’t underestimate liability
The papers you keep safely filed away in your home or office may some day be your "get out of jail free" card. But you have to act now to protect yourself because it will be too late once charges are brought against you for failing to protect workers under your care.
Many occupational health providers underestimate legal risks and the concurrent need to document their actions, says an experienced provider who has been put on shaky legal ground before when employers failed to act on her advice. Pat Stamas, RN, COHN, is president of Occupational Safety and Health Resources, a consulting firm in Dover, NH.
"I’ve become self-conscious. When a company asks me to look the other way, I do what I can to convince them and at the same time start protecting myself," Stamas explains. "I try to maintain records that very clearly show I did my job and notified the right people."
Stamas recommends keeping a copy of all paperwork involving your warnings and advice, plus the response or lack thereof by the employer. If the employer responds verbally, write yourself a memo that documents the content of the conversation. Be sure to keep copies of all of these records for your private use, in addition to any copies you file for the employer or the occupational health program.
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