Minimizing OSHA Liabilities Through Psychological Safety

Employers with sophisticated safety programs implement overarching Safety and Health Management Systems ("SHMS", also called Injury and Illness Prevention Plans and Accident Prevention Plans) to ensure that they properly assess hazards, select appropriate safety controls, evaluate safety performance, and engage employees. Federal OSHA recommends an SHMS and routinely demands the development of an SHMS to settle OSHA cases involving serious litigation. According to a 2012 federal OSHA white paper, 34 states require or encourage SHMSs, and some high-profile state plans have detailed requirements (e.g., CA, WA).

A critical component of a safety program is employee participation in hazard identification, training, compliance with safety rules, and enforcement. Employers increasingly recognize that the most sophisticated programs can falter when workers do not feel safe to speak. The strength of a safety program depends not only on written procedures, training, and