1 Safety Culture: Management Strategies Anticipating & Preventing Harassment & Retaliation in the Work Place Professionally prepared presentation materials

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Safety Culture: Safety Culture: Management Management StrategiesStrategies

Anticipating & Preventing Anticipating & Preventing Harassment & Retaliation in the Harassment & Retaliation in the Work PlaceWork Place

ABRIDGED PRESENTATION — FOR ILLUSTRATIVE PURPOSES ONLY © 2009, Clifford & GardeABRIDGED PRESENTATION — FOR ILLUSTRATIVE PURPOSES ONLY © 2009, Clifford & Garde

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Presented By:Presented By:

Billie Pirner Garde, Esq.Billie Pirner Garde, Esq.

Clifford & GardeClifford & Garde

Washington, D.C. Washington, D.C. June 2007June 2007

Authoritative insights and perspective


Course ObjectivesCourse Objectives

Understand an employee’s right to express Understand an employee’s right to express concerns about compliance with state or concerns about compliance with state or federal rules, regulations and requirements, federal rules, regulations and requirements, the environment, public health and safety, or the environment, public health and safety, or work place safety;work place safety;

Understand every manager’s responsibilities Understand every manager’s responsibilities to maintain an environment in which to maintain an environment in which employees will raise concerns without fear employees will raise concerns without fear of harassment or retaliation;of harassment or retaliation;

Clearly outlined Clearly outlined course objectivescourse objectives

ABRIDGED PRESENTATION — FOR ILLUSTRATIVE PURPOSES ONLY © 2009, Clifford & Garde

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What is Safety Culture What is Safety Culture and and

Why is it Important?Why is it Important?

Methodical & straightforward organization


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Safety Culture is the critical Safety Culture is the critical barrier that protects workers, barrier that protects workers,

the public, and the environment the public, and the environment from the inherent risks or from the inherent risks or

dangers in the organizations’ dangers in the organizations’

work or productwork or product..

Clear definitions of essential concepts



Challenger - 1986Challenger - 1986

“Obviously A Major Malfunction”

Compelling examples to underscore importance of topic



Learning From DisastersLearning From Disasters “ “In most disasters there was obvious In most disasters there was obvious

prior warning of what could occur but prior warning of what could occur but management failed to act. Of course, management failed to act. Of course, with the benefit of hindsight we are with the benefit of hindsight we are amazed that management failed to amazed that management failed to act.”act.”Lecture 40.3 Learning From Disasters.Lecture 40.3 Learning From Disasters.

Safety Line Institute.Safety Line Institute.

Summaries of lessons learned from other incidents …


Lessons Not LearnedLessons Not LearnedIn neither [the Challenger or Columbia] impending crisis did In neither [the Challenger or Columbia] impending crisis did management recognize how [organization] structure and management recognize how [organization] structure and hierarchy can silence employees, and take appropriate mitigating hierarchy can silence employees, and take appropriate mitigating actions, such as polling participants, soliciting dissenting actions, such as polling participants, soliciting dissenting opinions, or bringing in outsiders who might have a different opinions, or bringing in outsiders who might have a different perspective or useful information, to overcome the organizational perspective or useful information, to overcome the organizational constraints.constraints.

- - Columbia Accident Investigation BoardColumbia Accident Investigation Board

… And of lessons NOT learned

ColumbiaColumbia, February 2003, February 2003

Davis-Besse 2002 Incident Davis-Besse 2002 Incident Davis-Besse incident was the result of a lack of safety culture.Davis-Besse incident was the result of a lack of safety culture.

Industry-specific examples …



Refocusing Efforts Refocusing Efforts on Safety Cultureon Safety Culture

The discovery of the reactor head The discovery of the reactor head degradation at Davis-Besse provided new degradation at Davis-Besse provided new insights that the effective management of insights that the effective management of safety culture at nuclear plants could still safety culture at nuclear plants could still prove elusive. prove elusive.

This event served as a call to action for both This event served as a call to action for both the nuclear industry, the regulatory agencies, the nuclear industry, the regulatory agencies, and the U.S. Congress. and the U.S. Congress.

… And key takeaway messages


Climb the Safety Culture LadderClimb the Safety Culture Ladder

GenerativeGenerative

ProactiveProactive

CalculativeCalculative

ReactiveReactive

PathologicalPathological

“Safety is how we do our business – it’s who we

are”

“We work on the problems that we still find”

“We have systems in place to manage all

hazards”

“Safety is important – we do a lot every time we have an

accident”

“Who cares as long as we don’t caught”

Internally Driven

Process Driven

Externally Driven

• A restless passion for continuous improvement

• Safety seen as a profit center• Striving for new ideas and innovation

• The lawyers said it was OK• Of course we have incidents – it’s a

dangerous business• Yep, did my safety observations• Punish the person who had the

accident

• Safety is high on the agenda after an incident

• Obsessive focus on the classification of incidents

• Why don’t they do as told?

• We’ve got a process• Lots and lots of statistics• Leaders and safety teams chasing

statistics

• Resources available to fix things before an event

• Management is open-minded, but still strongly focused on process

• Workforce ownership of process

Reference: International Association of Oil & Gas Producers (www.ogp.org.uk)

Building a case for improvement


How are you going to How are you going to achieve culture change? achieve culture change?

Operational Management System (OMS);Operational Management System (OMS); Safety Culture and Leadership;Safety Culture and Leadership; Process Safety Management;Process Safety Management; Technical Authority and review;Technical Authority and review; Employee involvement;Employee involvement; Establishing ExpectationsEstablishing Expectations

Call to action — and specific steps involved


The “At Will” DoctrineThe “At Will” Doctrine The master can fire the servant for any The master can fire the servant for any

reason at all, whether that reason is fair, reason at all, whether that reason is fair, unfair, a good reason, a bad reason, or for unfair, a good reason, a bad reason, or for no reason whatsoever;no reason whatsoever;

Likewise, the servant can quit at any time Likewise, the servant can quit at any time for any reason or no reason at all.for any reason or no reason at all.

Clear explanations of basic legal concepts involvedThe LawThe Law


The Ultimate ConcernThe Ultimate ConcernHas the incident caused a “chilling effect” in the organization?

Congress recognized the need to protect the free flow of information from employees to the government: “…this complete freedom is necessary to prevent the [agency’s] channels of information from being dried up by employer intimidation....”

NLRB v. Scrivener, U.S. Supreme Court

Bottom-line summaries of key points

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Good Afternoon andGood Afternoon and GOOD LUCK ! GOOD LUCK !

Documents

1 Safety Culture: Management Strategies Anticipating & Preventing Harassment & Retaliation in the Work Place Professionally prepared presentation materials