"Important
Workers' Comp Announcement"
"Horseplay in the Workplace"
As you know, the safety and physical well-being of all employees is very important.
AD-COMP has incurred and is continuing to incur workplace injuries related to "horseplay" activities that occur during the workday. Some of these injuries have been our most serious and costly claims. The investigations of these claims have concluded that in some cases, "Horseplay" was a common occurrence at the dealership and was condoned by the employer.
What is "horseplay"? "Horseplay" is an "inane sense of humor or playfulness", which is not always expressed in a harmless or productive way". We can deny and defend claims arising from "Horseplay" when this kind of activity is not condoned by the employer. There is an exception in the case of any innocent victim or bystander who may be injured when such activity occurs. "Horseplay" cases have involved such activities as joking that includes physical contact, playing around, racing, grabbing, foolish vehicle operation and unauthorized contests.
The success of defending a "horseplay" claim at the Workers' Compensation Appeals Board is dependent on whether or not "horseplay" is permitted by the employer without consequence to the employee engaged in the performance of the activity. An employer which permits "horseplay" in the workplace cannot later rely on the "horseplay" defense against a claim of workplace injury.
"Horseplay" on the part of an employee should not be tolerated under any circumstances and should be prohibited whenever and wherever an employee is in the course and scope of their job duties.
I am asking each AD-COMP member to immediately implement or bolster an existing no tolerance policy with regards to "horseplay". Please meet with your employees to communicate this policy and be sure to emphasize that it applies equally to all and is for the protection of every employee.
Employee handbooks should have a clause that specifically prohibit "horseplay" and should state that those engaging in "horseplay" will be subject to discipline and corrective action up to and including discharge from employment. This clause should be reviewed and discussed during each new hire orientation and be restated regularly. A labor attorney and/or human resource professional can provide assistance for incorporating a "horseplay" clause in your employee handbook.
Continual enforcement is essential to ensure that your employees realize the importance of a no tolerance "horseplay" policy. To maintain the awareness of this policy at a high level please be sure that supervisors and managers continue to be observant for potential "horseplay" exposure and address any incident that arises immediately in accordance with company policy. The no tolerance "horseplay" policy should be communicated at every available opportunity including company and department meetings, training classes, safety meetings and tailgate sessions.
Thank you for your anticipated cooperation
|
PLAN
SUMMARY