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Safety has some issues to sort out

March 9, 2010
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The safety and health culture has some historical issues to work out before it can progress into a new era and function.

Historically, companies owned employees as property, and injuries and illness were inflicted on the workers privately. (sidebar: Interestingly, today corporations are deemed more like persons than ever by the Supreme Court, and although this has certain ramifications for election “speech,” creative minds could also apply corporate personhood to the issue of safety and health. If we could end the separation between workplace medicine, ie workers comp. and non-workplace medicine, ie healthcare through a unified system for treating injuries and illnesses we would get somewhere, see below).

However, the whole EHS profession and management/ownership’s view of H&S still is molded from that early paradigm. The labor movement (what today we call unions) created the counterweight to the private right to injure workers and it set the framework for at least five generations, getting us to today’s situation which shows no sign of changing: H&S is a “labor” issue (see the federal agency in which OSHA resides) and the tradition still based on the original framework is “labor versus management” which means if you follow the math: H&S=Labor, Labor vs. Management, therefore “H&S versus management”.

That is also the reason H&S never appears in CEO management books or at Wharton et al.

The patient safety analogy to workplace safety or job safety is interesting but the difference hinges on the fact that there is no workers’ comp for patients shielding providers. Liability is unfettered for the providers of the services, and a risk-based management culture exists to manage this fact.

If we are now thinking of corporations like persons for elections, then why should these persons be protected from liability? If we did away with workers’ comp we would solve H&S once and for all, but we would need a functioning unified healthcare system to do this, and that won’t happen for a while.

How long?

I would suggest that in order to evolve into a more fully risk-based paradigm that results in high quality unified healthcare and health and safety for all workers, we would probably need at least two more generations or 40-50 years.
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Safety Has Some Issues to Sort out - 4 points

Mark
March 22, 2010
Thought provoking article. (1) I work for an insurance broker, providing claim & risk mgmt expertise to our industrial accounts. Currently, we are working to re-form the union local's active disdain & cynicism for safety. Mgmt is finally on board and is now supporting the Safety Mgr's push to create a new & robust culture & program. Unions can be and are a part of the H&S problem. People take advantage of people/people abuse each other. It's foolish to define every problem as labor v. mgmt but people on both sides often do. (2)Having a unified system and eliminating work comp (I've handled combined wc-group health programs)might work if the pot of gold/legal extortion for settlements on injuries that have no PPD is prohibited. (3) Medical science is now superior to what it was when states enacted all-or-nothing strict liability work comp statutes. If work comp statues allowed for apportionment between work and non-work causes of injuries, then a lot of litigation would be unnecessary & workers' claims would be accepted faster -- and some workers would no longer have an incentive to malinger or try to get a big settlement. I think PPD for work injuries should always be available in a work comp claim. but with apportionment, it will be more realistic, thus more fair to employers as well as employees. (4) The only way to eliminate work comp and move to a 24-hour type of coverage the article author suggests would be for a federal program because many smaller companies truly cannot afford to provide healthcare for employees. However, if all 50 states don't concede & agree to a federal program, then if the federal government simply goes ahead and imposes it, that would violate the 10th Amendment of our Constitution -- the same as the current healhcare bill the House of Reps (and the US Senate)just passed. The constitutional issues need to be worked out first...

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