Missouri Court
of Appeals, Southern District - SD34919
Full Opinion: [Amie Elsworth, Claimant-Respondent, vs. Wayne County, Employer-Appellant]
Code(s): C011 - Safety Penalty Violation
Factual
Background:
On
the job less than one month, 18 y.o. employee overturned a dump truck, which
fractured his skull. Only issue at trial was whether Employer was entitled to a
safety penalty, as ER alleged that EE was speeding and not wearing seatbelt at
the time of the accident. ER submitted evidence by way of having EE’s
supervisor testify that he had a conversation with the EE and told him to obey
all traffic laws and wear his seatbelt; and also testified that EE had ridden
with other drivers a few times.
ALJ Decision:
ALJ
found that: (1) Employer had not adopted reasonable rules for the safety of its
employees; and (2) Employer had not made a reasonable effort to cause its
employees to obey its safety rules.
Analysis/Holding:
The Commission
was not required to believe that Employer: (1) had adopted any training programs to ensure understanding and compliance with its safety rules; (2) had developed written policies or tests designed to impart the importance of following its safety rules; or (3) had adopted procedures to monitor employee compliance with its safety rules. EE was inexperienced, had never driven a dump truck, and the only evidence to support training he had received was ambiguous testimony that EE had ridden with other drivers a few times.
The Takeaway:
Specific factors
that Courts look at to determine whether or not an employer has taken
reasonable efforts: (1) distribution of written safety materials; (2)
scheduling and presentation of regular training seminars educating employees
concerning the rules; (3) warning employees that disciplinary action will be
taken if employees fail to follow necessary guidelines; (4) completion by
employees of a written test to confirm understanding of the rules; and (5)
whether known violations of the safety rules have previously gone unpunished.