HELP my job is in jeopardy!!

Just as I had decided to stay here because they were going to provide more training OSHA came a calling.
An ee complained and they showed up today. I have a completed 2002 osha log and a 2003 WC file up to date. I hope that is enough. I never recieved training for this job.
Any way I have told management over and over again about safety issues that are a concern. I had our WC safety officer come through both locations. I have brought up in meetings safety issues that were wink winked after the meetings.(does anybody remember the wires through water in my cafe post?).
I believe that if we get fined, and we will, they are going to blame it on me. You know, the why didn't you warn us about this - We don't remember you saying about that variety of blame. They have been suggesting to my cfo that I haven't been getting things done (First time I've heard anything about that and she only told me about it because she wants to go to bat for me). I am HR for 150 ee's in two locations I do it all. All compliance, all benefits, all reporting, safety etc. I can't think of any thing I don't do except payroll and I actually do at least some of that without any training!
I know these guys are jerks but I want that training that my cfo has offered. How do I defend my job? For those who don't think I should, kind words would be nice!

Comments

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  • [font size="1" color="#FF0000"]LAST EDITED ON 09-25-03 AT 01:38PM (CST)[/font][p]First Deez take a deep breath. Correct any items they noted as deificient either while they are there or immediately.......take pictures and document. They are required to have a closing conference and should tell you what violations they saw (what citations to expect). Second realize that you may not get the certified letter in the mail from them for over two months.
    In the mean time talk to your CFO about getting you to an osha 30 or 40 hour class. When the citations come, inform them of the amounts, but let them know you believe you can work with them to get them reduced significantly. Don't accept the plea that comes with the citations, ask for an informal settlement conference. I will help you review the citations when you get them and let you know where you stand. But by correcting identified deficiencies in advance it puts you in a better spot.
    Relax, deep breath, organize all of your documentation so you have it readily available, and read back through it so you can discuss it easily when the time comes. Don't let them see you sweat.
    My $0.02 worth.
    DJ The Balloonman
  • Relax as Baloon has suggested, I have lived through two unplanned OSHA reviews. You have to remember that this could make you look good or look bad depending on their evaluation and on your reaction. OSHA almost always finds something regardless of how strict you are. Its how you correct it that counts at this point. I have also served on the Northeast Health and Safety Board which is an organization set up and run by OSHA to communicate better with employers. One of te things that OSHA brought to the table was how quickly issues were corrected. They said that that played a big role in assessing damages. And always remember that they are human too, there is no need to get overly nervous. Besides if you need help finding another job, we're always here to help.
  • I agree with the other posters that there is no need to panic. I too have lived through more than one of these and so will you. Do you have previous years' logs - they have always asked me for the last 3 years. Also, your 2003 OSHA 300 should be up to date. They will find violations, (that's their job) but the fines are almost always negotiable. Make sure you take good notes - I agree that pictures are helpful too. Try not to be so nervous you point thngs out that they might have missed and also make sure they are escorted when they're in the facility. Good luck and let us know how it turns out.

  • I too agree with the others about the OSHA situation. At some point you may want to look into why the employee complained directly to OSHA instead of coming to their boss or you first. And if that employee had done that and got no action from their boss or you, then that needs to be addressed or you'll be doing this again. I'm not suggesting you interrogate the employee, as that could only lead to more trouble, but when employees feel there is no one to talk with but legal authorities, that's a bad sign. Of course, it could be just one of those employees who likes to stir up trouble, and there's not much you can do about that type. Remember too that this employee has the right to do what they did, so make sure their boss doesn't have any retaliation plans.

    On a second note, it sounds like your cfo has offered you some training help, so when the dust settles on this, I'd suggest you sit down with this person, discuss what areas you feel you could use training in, whether that is Safety, Benefits, EEO stuff, etc., ask what parts of your job performance the cfo feels could use some improvement, then get a sense of how much time and money will be available for you to get this training (Some training can be really expensive.) Keep a positive attitude and do the best you can. That's all anyone can ask. Good luck.
  • You are in a position that is all too common if you are responsible for safety issues but do not have the level of authority to address the issues. I suspect many forumites are in a better position to tell you how much authority they have in these situations. I worked in a ski resort that had an interesting approach to budgeting capital expenditures. Safety issues were always the top priority and always received funding. Other issues, including investments that improved the bottom line came next. They learned this the hard way after paying out significant dollars for settlements and a huge increase in insurance premiums.

    One of the approaches you might consider (if you do not already utilize this practice) is to send your safety concerns in writing to the decision makers. Paper trails are handy in areas besides personnel files.

    I do not like giving up on a position, but I have done it. Isn't it ironic that we can counsel ees when they are not a good fit, but have a hard time recognizing when we are in that position.

    Keep your chin up and do your best. That is all you can do.
  • OUCH Marc, that hurt!
    I think that it is not that I am not a good "fit". Unless you mean that I don't "fit" well with employers that blatantly ignore safety issues after pleadings on my part to address them. I believe that can change and this situation might cause that to happen. Unfortunately someone's head is on the chopping block as I have just learned that the fines are considerable and if enacted will put us out of business.
    I have a feeling it is going to be mine. This is a really bad day for me.
  • Deez, the bad fit Marc is referring to could be a good reflection on you if you are being completely ethical and your management is not.
  • You are right ray I guess I am being a little sensitive.
    The management has been and will continue to be ethically challenged. I stopped trying a short while ago. I sort of had this image of myself in the background of management jumping up and down going " hey folks you gotta listen to me or you'll get in trouble!!!!!" and being responded to as that pesky HR nag that DOESN"T EVEN BRING MONEY INTO THE COMPANY!!!!.
    I really thought that I could hang in there ever since the new cfo came. She understands the importance of HR and could possibly brings the others around. It is hard to leave a company after 4+ years. I love the people here and believe in our mission statement. This is tough.
  • Deez,

    My comment was meant to be supportive. I have been in situations where there were "fit" issues but, because of my own stubborness and belief in perserverence, did not fully confront the reasons for the difficulties. Some execs think that if they ignore things, they will go away. Some investment decisions, like safety issues, prove their value by what did not happen. How do you measure that? At the time, it seems like a hit to the bottom line that cannot be measured by jumping over traditional ROI hurdle rates. It is only in hindsight that those passed over options prove themselves worthy.

    What you are experiencing may be the culmination of years of management playing ostrich - a head buried in the sand sees no danger.

    You are part of a team, and obviously not the ultimate decision maker. When you apprised the decision makers of the issues and options, you did your part. When they chose to ignore your warnings - they did their part. I know the platitudes do not soften the pain and anxiety, but they can often lend perspective that will help you ride through a situation.

    Stay strong.
  • Thanks Marc, and thanks to the forum for your support and kind words. I will keep you informed as to what happens. Management meeting is at 1pm.

  • What exactly did the employee complain to OSHA about ? If I remmeber correctly, you had a prior thread saying that the GM ignored wiring in water in the cafeteria ( coreect me if I am wrong ) and that you had brought it to their attention. I hope you documented that to the hilt, and that the GM will now decide to correct it!

    Good luck. We at the Forum know that you are a professional, and will come through this with flying colors!

    Chari
  • I would go as far as to say there are probably very few of us who haven't been asked, cajoled, or flat-out ordered to do something that wasn't entirely in line. The extent of the pressure, as well as the extent of the deed, fluctuate from one case to another, but it's always there.
  • A paper trail of memos and emails to specific decision-makers is your best defense that you have been doing your job. I hope that today is brighter than yesterday. Take care.
  • I did document the wire in the cafe incident. I have also started emailing anything and everything I do in relation to this issue to the three top guys that are dealing with it.
    I am trying to hang in there. Unfortunately today is not brighter. The minute I walked in the door I was assualted with osha issues. This whole thing could close the company down as we were hanging by a thread as it was. It will probably cost us more in repairs than it will in fines.
    Ugh, sorry, don't mean to bring the forum down. As soon as there is good news to report I will.
  • Am I missing something here? Deez, aren't you in HR? True, one of the hats we wear is safety. But.... Is there a GM, Site Manager, Area Manager, or whatever the title may be, responsible for the overall operation? Every manager's job discription I have read includes verbiage that makes the manager responsible for their area or region's working in a safe environment. I find it ridiculous that this so-called manager would point the finger at HR and say it is their fault. It will be interesting to see/hear how management figures out a way to wiggle out from beneath the blame and burn you at the stake. With the right attorney, you might end up owning the joint.
  • Why even stick around in a place that fosters this type of culture? My advice to you is BAIL OUT! The ship is sinking, rightly so, let it ride to it's deep, icy grave all by itself.

    Trust me, you did not bring this company down. It's management team and business model (or lack thereof) did.

    Good luck!
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