It would be helpful to have some references to the appeals court decisions.

Regards,

Ernest Lippert

From: DCHAS-L Discussion List [mailto:dchas-l**At_Symbol_Here**MED.CORNELL.EDU] On Behalf Of James Keating
Sent: Tuesday, October 22, 2013 3:17 PM
To: DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU
Subject: Re: [DCHAS-L] Disciplinary actions for graduate students for failure to wear appropriate PPE

Your occupational health and safety management system must include a discipline section. Furthermore, you must be able to demonstrate and document that employees are indeed disciplined for safety violations. Appeals court decisions require demonstrable enforcement in cases where the employer alleges that the employee was injured because he willfully violated a safety rule. The courts have ruled that if the employer dose not enforce safety rules then is no reasonable expectation of employees complying.

Jim Keating
EHS CONSULTANT

Jim Keating