“We couldn’t anticipate that a worker would completely disregard his safety training and reach into the danger zone of a hazardous machine,” said George, the supervisor.
“I disagree,” replied Tammy, the compliance officer. “You could’ve known that the staffer would try to clear a jam by reaching into the device. The worst part is that the man’s loose-fitting shirt got caught in rotating components and he was pulled into the equipment and fatally crushed. I’m citing you for failing to adequately guard a dangerous machine.”
“The device didn’t need a safety guard because workers had been trained to use a three-foot-long metal pole to access the danger zone,” said George. “There was no reason for the victim to stick his hand in the equipment.”
“I’ve spoken with several of your employees,” said Tammy, “and they claim that no one uses the pole to remove blockages. In fact, it had become standard practice for both staffers and their bosses to reach into the danger zone. One crew member even told me that his manager specifically trained him to poke his hand into the equipment to clear jams.”
“That staff member must have misunderstood his training,” said George. “We have a work rule that forbids people from reaching into hazardous machinery.”
“Your work rule has little value if managers routinely ignore it,” said Tammy.
“The man wouldn’t have been fatally crushed if he’d followed our work rule,” said George. “We’ll challenge your citation.”
Did the company win?
No. The company lost. The court refused to toss out the safety citation. While acknowledging that the employer had a work rule that forbade staff members from reaching into machine danger zones in order to clear jams, the court said the rule was meaningless.
Employees can’t be expected to abide by a rule that their bosses routinely disregard, said the judge, noting that it had become routine for workers and supervisors to stick their hands into the machine to remove blockages. In fact, one man said his manager specifically trained him to clear jams by reaching into the dangerous equipment.
The company couldn’t get the citation overturned by pointing to a work rule that no one followed.
What it means: Workers look to you for guidance
You might have already noticed that staffers will often look to their manager for guidance on how to behave in the workplace. If they notice that their boss often plays fast and loose with safety, they’ll also ignore work rules and disregard safety protocols.
That’s why it’s important to set a good example for your people by always following safety procedures and work rules when you’re handling tasks or training your workers. If your staff members see that you place a high value on following safety protocols, there’s a really good chance they’ll do the same thing.
Based on Mar-Jac Poultry v. U.S. Department of Labor.
(From the December 1, 2025, issue of Safety Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here.)
