Throughout her career as a safety management consultant and certified safety professional, Deb Potter Ph.D. has heard her share of tragic stories about building staff members injured on the job.

"I've seen building staff members who have been electrocuted or severely burned, and others who have fallen from ladders and were not able to walk again because they injured their neck or back," says Potter.

As terrible as work-related injuries can be, however, the saddest part about these stories may not necessarily be the injuries themselves. The really distressing part, says Potter, is the fact that most, if not all of these mishaps could have been prevented with the implementation and following of some simple safety precautions.

Zero Tolerance

"I like to tell people that they go to work to trade time and experience for money, but they don't have to give up their life," says Potter, who compiled all of her experiences and knowledge into a book, Zero: Responsible Safety Management by Design. Potter says that 'zero' means exactly how many accidents should be happening in your building or association.

"Everybody is responsible for safety," says Potter. "You have to avoid complacency. Don't just automatically say something is safe today because it was safe yesterday; keep your eyes open today too."

According to Potter, some of the most common injuries are from slips, trips and falls—especially in public access areas—and big construction projects that cause falls from heights. To prevent those accidents, association staff and any contractors or subcontractors that come onto the property need to be well versed in their company and industry safety standards and best practices, because in addition to being traumatic for employees, insurance claims for on-the-job injuries can be expensive and time consuming.

"If a worker is injured or killed on the job," says Potter, "the employee or family can sue the company, its owners and board members, and those things are settled in court and out of court, sometimes for millions of dollars."

According to the National Safety Council (NSC) the average workplace injury costs a minimum of $7,000 in direct and indirect costs, including medical costs, workers compensation and lost time off the job. If the injury is severe or debilitating or results in a fatality, those costs skyrocket.

Get With the Program

It is imperative that association boards and management consider what kind of training, equipment, and policies are important to keep their various association staff members and outside contractors safe as they go about their daily work. There are several approaches to the challenge, but all have one thing in common: they involve making a commitment to thoroughly assess your association's physical, administrative, and aesthetic needs and determine what risk fulfilling those needs poses to your staff members.

"Traditional safety management methods tend to rely heavily on compliance with regulations, and focus on lagging indicators such as number of injuries and severity rates," to determine how much training or precaution is needed in a given area, says Potter. "Another approach might be to focus on job design, equipment engineering, safe work practice development, and protective equipment provisions."

While these are all important factors and considerations, Potter continues, they don't represent everything it takes to create an environment where employees know that their health and safety are valued and where they are personally expected to perform their work safely. "Achieving zero injuries is only possible when the organization's values, beliefs, policies, procedures, actions, and behaviors are laser-focused on safety at every level."

Linda Nelson, director of the SEIU Local 32BJ's Thomas Shortman Training Program, which provides worker safety and training curricula in New Jersey and three New York locations, agrees. "The onus for safety training and providing a safe workplace lies on the employer," she says. To help employers fulfill that obligation, Nelson's firm offers a 30-hour training course geared to the building and housing industry to familiarize workers with all the safety rules and regulations governing modern residential and commercial buildings.

The Thomas Shortman Training, Scholarship and Safety Fund is managed by Local 32BJ, the largest building service workers union in the country, representing more than 75,000 doormen, porters, maintenance workers, window cleaners, security guards, superintendents, and theater and stadium workers in New York, New Jersey, Connecticut, and Pennsylvania. Once the students complete the course, they receive a certificate from OSHA, the Occupational Safety and Health Administration.

OSHA's mission is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health.

"OSHA has requirements for safe work practices for general industry and managers should become familiar with those requirements," says Potter. "Then there are any state and local requirements that are specific to the safety of workers."

Nelson says that the OSHA-certified course is not legally mandated, but it's in everyone's best interest if the employees taking the course are well trained to know what safety problems to look for and how to prevent accidents and injuries from happening in the first place.

"[Participants] learn how to avoid any type of injury that could happen through physical mishap," says Nelson. "[We] include training in ergonomics, health and environmental control, fire prevention and containment, how to prepare surfaces appropriately, protection from hazardous chemicals, and so forth. They are also taught about manual and power tools, electrical safety, and how to deal with garbage collection and trash to avoid blood-borne pathogens like HIV and hepatitis."

"Each building or association is responsible for engineering their own safety controls," says Nelson, "such as making sure obvious hazards are removed and that workers are safe in a given area. Gloves, eye-shields, and respirators are required to be provided wherever necessary, and the employees must be trained in how to use this safety equipment."

Preventing Injuries, Avoiding Claims

While "zero injuries" should be the common mantra in all buildings, there is still always a chance—however reduced—that an injury will occur. What happens legally if an employee is injured?

According to David Byrne, an attorney in Stark & Stark's Lawrenceville office, "If an employee is hurt on the job, claims against the building are usually limited to workman's compensation—but there may be other claims on behalf of the employee, depending on the situation."

For example, says Byrne, "If an employee works on a boiler and the boiler explodes, the employee might be able to litigate against the boiler manufacturer or the person who installed it. The evidence would determine who was responsible for the explosion." Byrne also explains that if a resident or unit owner is hurt during the explosion, the building may then be liable as well.

If an employer has more than one staff member hospitalized due to an injury, or if there is a work-related fatality in your building or association, OSHA is required to conduct an investigation into the employer and their safety practices. If the employer is found to be negligent or non-compliant, their legal woes may extend far beyond the injured party's claims.

Byrne reiterates that preventing injuries—and their attendant investigations and insurance claims—is all about training. "If you hire someone, you need to understand their skill set so you're not asking them to go beyond what they can do," he explains. "There are some maintenance men who can build a heating system, and some who can only repair one. You should know the difference."

What about the contractors or subcontractors who come into the building or onto your association's grounds to work?

"It's a sticky issue," says Potter. "Owners of a building or an HOA administration can't abdicate their responsibility for anyone's safety by passing it on to a contractor. You need to hire contractors that know the potential hazards in the building and have a history of working safe. Then you need to monitor the work the contractor is doing to make sure it's safe. Don't turn your back. It's also the association's responsibility to make sure the contractors have the right equipment. Some contracting companies," Potter explains, "do require their employees to buy their own personal safety equipment," including glasses, hardhat, and work gloves.

From that point on, it's up to the manager to oversee that proper safety precautions are taken at the job site. According to Potter, "The best policy for everyone is to make sure accidents don't happen in the first place by providing adequate support and training for staff members and providing a work environment that's as safe as it can possibly be."

Lisa Iannucci is a freelance writer and a frequent contributor to The New Jersey Cooperator.