The Ins and Outs of Safety Committees – An Introduction
By definition a safety committee meets to deal with all issues related to workplace safety and health with the goal (ultimately) of finding ways to prevent work-related accidents, injuries or illnesses. They do this by gathering facts, identifying potential problem areas, considering alternatives, proposing solutions, implementing their recommendations, and (most importantly) evaluating the impact on the business, its employees, and its operations.
In a non-regulatory sense, workplace health and safety committees exist as part of the philosophy that to ensure the safety and health of the workforce, every employee in the business must take a role and share responsibility by serving on the committee. In other words, it is not solely the job of management to ensure the workplace is safe and healthy. Everyone plays a role in its success.
Workplace safety and health committees do more than reduce workplace injuries and illnesses. These committees promote better quality work life by helping to cultivate a strong work culture, which promotes trust, teamwork, open communication, and leadership. When safety and health committees are effective it is most often because they contribute to a work culture of continuous learning that, in turn, creates a safer work environment.
An area, aside from enhanced safety, that a safety and health committee can have a positive impact on is organizational productivity. Productivity at the business level may be enhanced by in-house accident prevention efforts that reduce the business’ injury rate. As a byproduct this , in turn, can reduce direct and indirect accident costs, such as increased insurance premiums, accident investigation time, legal fees (e.g., workers’ compensation, civil litigation, government fines, etc.), loss of production time, medical costs, and loss of property, equipment and materials.
For years workplace safety committees have been successfully used by businesses to improve their safety programs and decrease accidents. It is why they are now mandated by various State laws.
The most common approach for regulating workplace safety and health committees is through State Occupational Safety and Health (OSH) acts and regulations. A number of State plans require certain private and/or public sector employers, especially in high-hazard industries such as mining, manufacturing and construction, to establish and maintain effective safety and health committees.
South Carolina is one of the many States that have safety committee laws. It applies to most (but not all) privately owned businesses (including farms) with ten (10) or more employees.
Committees of businesses that are not mandated by law to establish an employee injury and illness prevention plan may still choose to implement workplace safety and health committees. They may have very specific goals to address workplace safety and health issues without being mandatory or a violation of OSHA.
Federal Guidelines on Safety Committees
When it comes to safety committees, federal guidelines are sparse. Safety and Health Program Rule 29 CFR § 1910.38, which governs emergency action plans in the workplace, has a recommendation that an emergency action plan be developed by both employees and employees with knowledge or expertise in the area. The National Fire Protection Association (NFPA) Codes and Standards are incorporated by reference in the Occupational Safety and Health Administration OSHA regulations and are recommended for emergency planning purposes.
The NFPA Code 99-99F-2000 Section 9.5.1 requires that an evacuation plan be in place for facilities with 100 or more people. The NFPA Code 99-99F-2000 Section 9.6.1.2 requires employees to be trained in the evacuation procedures. NFPA Code 99-99F-2012 Section 12.7.3 requires a fire evacuation plan and evacuation signals. NFPA Code 101-99F-2006 Section 4.7.4.26 requires training of staff in the implementation evacuation plans where beds are located. NFPA Code 101-2012 Section 4.8.4.29 requires training of staff in the implementation of evacuation plans where an institutional occupant will not take the critical equipment with them.
Federal guidelines for safety committees also are built into the Federal Highway Administration using funds from the Federal Motor Carrier Assistance Program Federal Highway Act of 1984 (88 Stat. 2199), 49 USC Section 31309, Subpart (F), a Safety Program Audit. This audit provides recommendations for state safety programs and includes suggestions regarding safety committee programs.
OSHA also has stated that state safety committees may be useful, such as the "Safety and Health Committees" guidelines on OSHA’s website.
Safety Committees – An Overview of the State Rules
Safety committees do far more than simply fulfill a requirement that an employer organize its workers in this fashion. Most states have no safety committee requirements at all, or a requirement only kicks in once the number of employees reaches a certain level – usually 25 or more. Washington is one of only a few states that requires safety committees for every business. Small businesses—even with as few as five employees—need to have a safety committee, although the state does allow for a safety committee to be formed that consists of employees from nearby companies. California is an interesting case because it has a general safety committee requirement for those in California’s "state plan." But it also has a higher-specific requirement that employers with at least 50 employees develop a "Work Site Hazard Analysis Program" (WCHAP). Measurement of success has to do with a worksite with 80 percent of its employees trained in worksite hazard analysis, and completing a hazard analysis. According to OSHA, the following four states have minimum employee requirements of 200, 100, 100, and 75, respectively: New York: 200 employees (every other month meetings) Texas: 100 employees (monthly meetings) Alaska: 100 employees (regular quarterly meetings) Nevada: 75 employees (monthly meetings) Some other states set criteria based on accident history over time. For example, in New Hampshire, a workplace that has experienced two or more employee injuries requiring hospital treatment within a 12-month period may require a safety committee. Regardless of the rationale for safety programs, those who don’t meet the minimum requirements still can gain the maximum benefits from having a safety program.
Common Features of State Requirements for Safety Committees
Most state-specific requirements focus on some common elements, including the minimum number of committee members necessary, the frequency and thoroughness of safety committee meetings, and the process for reporting concerns to the employer. However, there are a few unique nuances within some requirements.
For example, in Florida, companies must maintain and communicate a written safety policy that outlines how the safety and health committee can be contacted, how the committee meetings are conducted, and how the votes or consensus are communicated to management. The Florida statute also requires employee members to attend health and safety standards and programs training.
In New Jersey, healthcare facilities are mandated to have a joint labor-management safety and health committee. Company personnel from outside the health care facility may not attend the committee meetings. Union representatives must be provided time off to meet those obligations.
Violations and Penalties for Non-Compliance
Compliance with safety committee requirements is crucial for employers operating in multiple states. Each state has its own rules about what constitutes an acceptable safety committee. In Washington, for example, an employer must have at least 2 employees (at least one employee and one employer) on the safety committee, in addition to requiring that there be a monthly meeting of that committee.
By contrast, the Oregon rules require that there be at least 50 employees in order for an employer to be eligible to set up a safety committee that meets less frequently than every month; for example, quarterly meetings would be sufficient for businesses with at least 50 employees.
Now, many employers think that they can just have a roadside sign created that states they have a "safety committee," that they will meet once a month at 11 pm. A quick Google images search shows they are not the only ones! Obviously, this is a good example of the type of attempt at workplace safety that will get you fined if an OSHA officer shows up and takes a look inside your workplace . In Oregon, the penalties for a violation of the safety committee rules range from a $70 fine for failure to establish a safety committee, to $7,000 for failure to have monthly or quarterly meetings.
And because people are naturally inclined to do the minimum, employers may try to take a shortcut by establishing a safety committee for their Washington workplaces while operating elsewhere in the region that do not require safety committees or committees of a specific size. For example, an employer with an Oregon and a Washington location might create a safety committee in Washington only. This could help to reduce – theoretically – the number of safety committee meetings required. Of course, this is not advisable as it does little to protect the Oregon employees, and will not save any the employer struggling to keep its South Carolina and Minnesota safety committee compliant!
How to Create an Effective Safety Committee
To comply with these requirements, every employers subject to OSHA and SC OSHA rules will need to form a safety committee. As noted previously, the family business and small businesses are exempt from the safety committee requirements.
Choosing the Right Committee Members
We advise that each safety committee consist of at least one representative for each department within the employer’s facility. This includes, for example, maintenance, manufacturing, sales, etc. The representative should be chosen based on their interest in being a committee member and should have time set aside to serve on the committee. It is also vital that the employer communicate to each employee eligible to be appointed to the safety committee the importance, benefits and functions of the safety committee.
Once the representative has been selected for each department, the employer should select a member to serve as chairperson. The chairperson’s job will be to lead the committee in making decisions and keeping meetings organized. The representative from the Human Resources department should not automatically serve as chairperson. It is important that the members of the committee appoint a member from one of the operational departments to be the chairperson.
Establishing Goals and an Agenda
In order for a newly formed safety committee to operate efficiently and effectively, the committee members should agree on the goals for the committee. In setting goals, the safety committee should keep in mind that the committee’s main purpose is to help the employer be pro-active in preventing injuries and illnesses in the workplace. Therefore, the goals should focus on how the committee will work together with the employer to create a safe work environment. The safety committee should set a schedule of regular meeting times, which is convenient for department representatives and covers all shifts. We recommend that the safety committee meet at least once per month. Although it may be tempting to skip a meeting when everything seems to be running smoothly, the current climate should not dictate whether the committee holds a meeting. Regularly scheduled meetings will remind committee members of their commitment to the safety committee.
Safety committee meetings should always follow a written agenda. The agenda will help the committee stay focused and be more efficient. The following items should be addressed in the committee’s regular agenda: Keeping records of the safety committee’s activities and meetings is important for documentation purposes.
Keeping Current with State Law
As safety committee requirements continue to change, it is critical for businesses to stay informed on the current laws for the particular states and jurisdictions in which they operate. Online resources, government websites, and professional networks can be used as a means to provide information on changes in state-specific safety committee regulations.
Online Resources
Whether using Google, Bing, or other search engine, a simple search can yield useful results regarding a state’s safety regulations and committee requirements. The U.S. Department of Labor maintains an Occupational Safety and Health (OSHA) website which provides links to websites for each state’s OSHA program and up-to-date information regarding each state’s safety, health, and committee requirements.
Government Websites
Most state governments maintain their own websites which provide information on constituent services, including workplace safety regulations and safety committees, among other things. In addition to providing contact information for government offices, websites will often provide the latest information on safety regulations and laws.
Professional Networks
For individuals in management, human resources, safety, and property management, consider utilizing professional networks to keep up with changes in your respective fields in other states. Participation in the American Society of Safety Professionals (ASSP), National Association of Safety Professionals (NASP), Society of Human Resource Managers (SHRM), Professional Liability Underwriting Society (PLUS), to name a few, provide opportunities to stay in contact with colleagues in your field and other states.
Final Thoughts – Maximizing Safety and Compliance
In closing, safety committees serve as a vital foundation for quality workplace safety programs. They promote the dual purpose of furthering safety in your workplace and ensuring compliance with state statutes. With so many states mandating additional components of safety committees or alternative options to satisfy safety committee obligations, employers need to be aware of both the state requirements and the constituent requirements for the safety committees themselves . As such, effective safety committee compliance for employers is dependent on the analysis of these program components to develop comprehensive safety solutions that meet both the legal and practical needs of businesses.