“The whole thing happened so fast that our on-site supervisor didn’t have time to correct the worker’s mistake,” said George, the supervisor.
“That’s lame,” replied Tammy, the compliance officer. “You were obligated to make sure an employee working in a tree stayed safe.”
“We couldn’t have anticipated that the staffer would cut the tree on the wrong side,” said George. “The first cut of the tree was correct, but he began the second cut on the wrong side. As soon as the cut was finished, the top of the tree fell off, struck the branch the crew member was attached to and sent him plummeting 35 feet to the ground.”
“Your worker suffered severe spinal injuries,” said Tammy. “His supervisor should’ve seen that he was making the cut on the wrong side of the tree and stopped him.”
“I wish it had happened that way,” said George. “However, the supervisor was on the ground directing other workers. By the time he realized what had happened, the victim was already tumbling from the tree.”
“Your supervisor was too easily distracted,” said Tammy. “I’m citing you for not providing a safe workplace.”
“Our supervisor conducted a job hazard analysis prior to the task and reviewed proper procedures for making the cut,” said George. “He couldn’t have expected the staffer to disregard his safety instructions so quickly. We’ll fight your fine.”
Did the company win?
Yes. The company won. An administrative law judge with the Occupational Safety and Health Administration (OSHA) Review Commission dismissed the citation.
The judge said OSHA couldn’t prove that the employer failed to adequately supervise the injured worker, noting that the incident happened within seconds after the victim had cut the tree on the wrong side.
The judge pointed out that the man’s boss was on the ground 35 feet below and didn’t have a clear line of sight to the staffer. As a result, it wasn’t realistic to expect the supervisor to have seen the mistake and stopped the work before the victim was already falling to the ground.
What it means: Perform a job hazard analysis
As much as you try to make sure staffers behave safely, you know you can’t be there all the time, watching everything they do. That means you have to trust that people won’t engage in unsafe behaviors and make mistakes that cause injuries.
But don’t rely on trust only. Always perform a job hazard analysis and review safety protocols prior to potentially dangerous tasks, as the employer here did. That way, workers will receive timely reminders of what needs to be done and will be less likely to make safety mistakes that cause debilitating injuries.
Based on Secretary of Labor v. Asplundh Tree.
(From the Dec. 4, 2023, issue of Safety Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here.)