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safety and health violation disciplinary procedures

Police and Public Safety Policy PS 04 01

Purpose

This procedure is established to provide a mechanism for the discipline of employees who repeatedly violate safety and health requirements and guides. Safety and health requirements are established and enforced to protect employees from injury and illness as well as provide for a "safe and healthful place of employment."

Objective

The State Personnel Commission established a uniform policy for disciplining and dismissing employees subject to the State Personnel Act. That policy is applicable to discipline and dismissal for violations of safety and health requirements. The basic elements of that policy are set forth below. In the event of any questions, the Commission's policy is located in the State Personnel Manual and has control over any provision set forth in this section.

Responsibility

Management must follow the procedures set in this section.

Procedure

Employees who violate safety and health requirements and guides will be disciplined in a progressive fashion consistent with the Job Performance category of discipline as follows:

1. First Violation

An oral warning may be given for the first violation for a safety and health requirement or guide. The supervisor shall inform the employee of the violation, and shall also inform the employee of the correct safe practice or procedure. The supervisor shall review with the employee all applicable safety and health workplace requirements and guides. The employee must sign a statement indicating understanding of those requirements and guides. The supervisor should inform the employee that future violations will result in higher levels of discipline and may lead to dismissal.

2. Second Violation

The employee may be given a written warning for the second documented safety and health requirement violation. This warning will identify specifically the violation. The warning shall also refer the employee to applicable safety and health requirements and guides for review. The warning will also show the date the employee previously read and signed the statement of understanding of safety and health requirements and guides. The employee, the employee's supervisor, the department head and the employee's personnel file shall receive copies of the warning.

3. Third Violation

The employee may be given a final warning for the third documented violation of safety and health requirements or guides. This warning will specifically identify the violation. It shall also state that any further violation of safety and health requirements and guides will result in dismissal. All persons who received a copy of the written warning shall receive a copy of the final warning.

4. Any Subsequent Violation

The employee may be dismissed. If dismissed, the employee will receive a letter specifically identifying the violation of the safety and health requirement or guide, as well as any rights of appeal through the grievance process. On occasion, an employee will commit a violation of a safety and health requirement or guide that is so careless and reckless, or that so endangers life or property that it can be considered in the category of Personal Conduct. When this occurs, an employee may be dismissed immediately, without benefit of any prior warnings. An employee dismissed in this fashion shall receive a letter specifically identifying the violation and setting out his/her right of appeal within the grievance procedure.

FOR FURTHER INFORMATION ON THE DISCIPLINING AND DISMISSAL OFEMPLOYEES SUBJECT TO THE STATE PERSONNEL ACT, SEE SECTION 7
"EMPLOYEE RELATIONS" OF THE STATE PERSONNEL MANUAL.

Updated: Monday, March 2, 2009

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