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SUPERVISOR’S

RESPONSIBILITY

Texas Municipal League

Intergovernmental Risk PoolLoss Prevention

1-800-537-6655

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Course Objectives• Basics of supervisory risk management• Supervisory techniques to prevent accidents & injuries• Employee communications, safety training & discipline• Accident investigation & reporting• Conducting inspections, corrective actions, & follow-up• Reviewing & enforcement of policies & procedures

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BATS

B asics

A ttitudes

T raining

S upervisionSAFETY TRAINING 2008 SRS

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BasicsIf you fail to plan, you plan to fail!

• Does everyone understand what is expected of them?

• Are job descriptions clear and understandable?• Do the employees know your policy and

procedures?• Are the policies and procedures clear, concise

and up-to-date?• Learn from your mistakes & have a PLAN!

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• Good supervision requires a good attitude and strong accountability.

• Need to lead by example:

Examples; * Personal Protective Equipment

* Following Safety Policies &

Standard Operating Procedures

Attitude / Accountability

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• What types needed? * Varies by employees.

• Why train ? * Avoid lawsuits and gain new knowledge.

• When? * Orientation, monthly, post-accident,

remedial, new exposure or equipment.

Training

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• Who does it?

* Their background?

• Measurement of success?

* Tests, skills demonstration?

• Off-site training-

* Is it necessary?

Training

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• Description of training:

* copy of materials, names of videos

• Instructor

• Attendance signature

• Date, length of course (possibly SSN, TCEQ #,

or TCLEOSE #)

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Training Records

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• Why must we be involved in safety-

‘can’t someone else do that?’

• Safe employees feel better, are more

productive and ultimately respect you for it.

• They treat their equipment better and enjoy

a better reputation with the public.

• Supervisor has the liability, this controls it.

Supervisor

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Liability

• What kind of liability do I have as a supervisor?

CRIMINAL AND CIVIL

Working within scope of duties

best protects you.

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Torts

Ways to be held liable as a supervisor:

• Negligence- Unintentional breach of

duty

• Intentional- Deliberate breach of a duty

• Constitutional- Civil Rights violation

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Basis of Liability• NEGLIGENT HIRING

• NEGLIGENT RETENTION

• FAILURE TO TRAIN

• FAILURE TO SUPERVISE

AND / OR DIRECT

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Generally not liable, but can be;

• IF PARTICIPATED IN ACT

• IF ORDERED THE ACT

• IF RATIFIED THE ACT

SAFETY TRAINING 2008 SRS

YOU BE THE JUDGE!Did the City (Supervisor) Provide Adequate Training?

What Happened:

Two city employees are off-loading gasoline into a free standing storage tank. A truck is parked too close to the tank. Its engine is running. An explosion occurs. The workers suffer severe burns. The city (via the supervisor) is charged with failing to provide proper training. The city denies the charge, noting that it gave the workers detailed safety manuals ‘to read’.

Who Won:

The city was found liable.

What the Court Said:

Just handing employees a manual isn’t proper training. Somebody from the city should have gone over the information in the manual with the workers or, at a very minimum, confirmed that they had read and understood the information it contained.

What should you do to avoid this situation?

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Vicarious Liability

When one person is liable for the negligent actions of another person, even though the first person was not directly responsible for the injury.

For instance, a parent sometimes can be vicariously liable for the harmful acts of a child and an employer sometimes can be vicariously liable for the acts of an employee(s).

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Vicarious Liability

• Supervisors held liable for the actions of their employees.

• Knew or should have known• Sexual Harassment (is a good example)

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Reducing Liability / Policies

• Use good policies reviewed by city

attorney or other qualified attorney

• Make sure employees attend training

• Insist employees follow them and

document discipline if needed

• Revise those policies as needed

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Reducing Liability / Injury

• Safety Committee - Various tasks gets more involved in safety.

• Trend Analysis - Identify trends that tell what training or changes are needed.

• Accident Investigation - Prevent future similar occurrences. Group setting

• Facility and Worksite Inspections - Identify and repair hazards.

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Reducing Liability / Contracts

• Review contracts with risk

management and/or city attorney.

• Assign responsibility and liability

of parties.

• Be specific.

• Make sure insurance is adequate.

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Current Issues

• Sexual Harassment• Back Injury Prevention• Motor Vehicle / Equipment Operations• Return to Work• Wellness• Hiring and Firing

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Sexual Harassment

• Quid Pro Quo & Hostile Work Environment• Written Policy• Training• No Tolerance• Good Investigation / Corrective action

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• Expense and lost time• Importance of discs and natural curves• Common causes of back injuries• Prevention techniques• Providers for training:

TML-IRP, Doctor’s • In-house training - Frequent retraining

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Back Injury Prevention

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Motor Vehicles/Equipment Ops

• Written policy

• Training (necessary, right, and effective)

• Retraining

• Inspections

• Good maintenance

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Return to Work

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• Longer employees are out, less likely to return• Often largest expense of losses• Controllable most of time• All entities have extra work• Written plan to avoid problems

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• Physical wellness contributes to happier

more productive employees

• America is getting larger

• Employees under increased stress

• Employees getting hurt because overweight

and out of shape

• Employees heal slower, out longer

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Wellness

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Wellness

• Basic good nutrition - its not a diet its a lifestyle

• Tailored to employees health and time• Fun and safe, buddy system• Exercise- Check with doctor first• Exercise- Heart, strength and flexibility

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Hiring and Firing

KNOW your established personnel policies

• Follow policies• Monitor and document performance

• Call Before You Fire (1-800-537-6655)

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Be a good supervisor

• Take your position seriously• Have a positive attitude / expect a lot!• Establish open, clear communications• Set clear rules that make sense• Train employees• Monitor employees performance (good & bad)

• Encourage employee growth

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Questions?

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SUPERVISOR’S

RESPONSIBILITY

THANK YOUSAFETY TRAINING 2008 SRS