Another Accident Waiting to Happen

5560905

I have an employee who works on the fourth floor of our building. Last October, she was leaving the building at the end of her shift and fell on the stairway leading from the fourth floor to the third floor where there is a passenger elevator. (We're in an historic building and fully meet building code, etc.). She is very overweight, had a history of her ankle "giving out" on her. This was compounded by the fact that she wears long flowing skirts and persisted in carrying a purse, two large satchels and a hardsided cooler (lunch).

When she fell, we treated the injury as a Worker's Comp since she was exiting the building at the end of her shift. She was out for over three months, had surgery to put pins and metal rods in her ankle, etc.

Once she was released to return to work, we accommodated her by creating a workspace on the first floor of our building until such time as her physician released her to climb stairs.

When she returned to her regular worksite, her manager advised her that she must not carry excess bags and the cooler, etc. as she must keep her hands free to hold onto the handrail to reduce the risk of falling again. He also cautioned her that her long skirts created an additional hazard for falling.

We provide this employee with everything she needs to do her job at her workstation. We have an employee kitchen with refrigerator for storing her lunch (so the cooler is NOT a nececssity).

She was okay for the first few days, but now her manager has observed her carrying all her personal affects(a purse, two large satchels) and the large hardside cooler again. When she walks downstairs, she frequently steps on her skirts and with all that baggage can't grasp the handrail.

Should I issue her a written instruction NOT to bring all these items with her to work because it creates an unsafe condition? Would it do any good to have sign something to hold us harmless if she falls again as a result of carrying all this unnecessary baggage. I feel like she is an accident waiting to happen and don't want another
WC claim.

Parabeagle

This is a performance matter, pure and simple in my opinion. She has been instructed not to carry bundles of items down the stairs and that she is to have both hands free to assist her descent. She's not doing it now. Her supervisor needs to reiterate the importance of following his directions and caution her that failure to comply with these instructions could result in disciplinary action.

A hold harmless release is not going to do you any good. If she injures herself again going down the stairs, under a no-fault work comp system, she's still going to be covered.

Tell her plainly, tell her clearly, and preferably in writing what you want her to do and then hold her to it with your disciplinary policy if she relapses.

marc

The problem I see with your approach is that you are creating specific safety policies for one person. Are others allowed to carry as much as they can stack on their arms? Are you suggesting that only she cannot wear long dresses?

I would ordinarily say to write her up for safety violations, but it does not sound like you have an overall safety policy. If that is true then I would approach this as a Personal Improvement Plan. I would write down specific instructions for this person and make sure she signs these instructions so there is no misunderstanding. Then I would document every violation until she either gets it or is terminated.

Whatever

I disagree about treating this as a Personal Improvement Plan. (It never looks good for a very overweight person who has been out on a wc claim to be singled out.) I think you should have a specific safety policy that applies to all. It doesn't have to be too complex...hand(s) must be free to hold bannister(s), no clothing can be worn that can be caught under the shoe when walking up or down stairs.

marc

But the enforcement of such an edict would be very difficult. She would easily find instances where others were allowed to utilize the stairs with their hands full and then still be able to show you singled her out. That's why I thought the PIP approach might yield a specific behavior change.

That said, it does feel a bit awkward.

Parabeagle

I abhor drafting policies for situations such as this when the problem is one person. That's why I would handle it low-key, as a performance issue. The woman MUST understand WHY they're imposing those constraints on her descending the stairs. If it's treated as a simple matter of making her follow instructions, it is likely to be less embarassing for the employee, less headaches for her supervisor and less brain damage for HR.

Whatever

I think we are both right. She has been spoken to and in this case, that was the best course of action. The behavior change didn't last. Furthermore, it appears that no one spoke to her until the accident occurred. So whether or not the PIP approach is used or safety rules are written, at some point if this person does not change her ways, she will have to be disciplined. In the PIP case, when she says but everyone else does it, you can't reply that you are the only one subject to this "rule". If there is a written rule that is enforced than, at least, there is proof that no one has been singled out.

Balloonman

[font size="1" color="#FF0000"]LAST EDITED ON 05-27-04 AT 02:26PM (CST)[/font][br][br]Dont write her instructions, give here a written warning for being unsafe and failing to follow her supervisors direction. Sit her down and:
Tell her she is the only one who trips on her excessively long skirts, carries to much crap up the stairs with her and creates a safety hazard. Her previous fall demonstrates that this behavior not only creates a hazard, but caused an accident, hers, as she fell and sufferred a serious injury. Now she was spoken to when she returned and for a brief while did as requested but we have observed that you are now back to your unsafe ways. This document is again advising you not to: (List out unsafe behaviors)
If you continue to act in a unsafe manner we will follow our discipline policy up to and including termination. Do you understand this? Have her sign.
Don't address the weight issue, it is not relevant. If she brings up other say we will address this as needed on a case by case basis. Don't make rules that you have to enforce on everybody when you have 1 individual acting in a way you consider inappropriate.
Have this same conversation with every individual fat or thin who falls down the stairs while carrying to much crap.

My $0.02 worth!
DJ The Balloonman