Progressive Discipline & Safety Infractions, Part 2 of 4

[Mod]

A basic progressive discipline policy provides for at least four levels of punishment: verbal warning, written warning, suspension and termination. But there’s no one way to do it and policies may vary depending on the company and collective bargaining agreement. For example, the penalty for a first offense may be counseling instead of a warning; or, there may be an intermediate penalty like demotion between suspension and termination.

For simplicity’s sake, this article will focus on the plain vanilla four-level policy. Here’s how to impose each level of punishment.

Step 1: Verbal Warning:

Workers who commit safety violations should get at least one verbal warning. A verbal warning is more than just an informal “watch-your-step.” You need to deliberately tell the worker that you’re providing a verbal warning under the progressive discipline policy, the lawyers say.

You also need to:
Explain specifically what the worker did or didn’t do and why it’s a problem.

Ask for an explanation. Make sure the offense isn’t the result of a misunderstanding. For example, the worker may not have been trained how to use the equipment properly and the warning should be directed to the supervisor. Lack of communication can lead to precisely what you want to prevent—a grievance. And getting the worker’s side of the story will also help you prepare for a hearing in case a grievance is filed.
Warn the worker not to do it again. “Don’t be hostile when issuing warnings,” advises Washington, DC, lawyer Harold Engel. “There’s no need to antagonize the worker, especially at this stage when you don’t know if you’re facing a chronic problem or an isolated incident.”
Write a memo describing what you said and the worker’s explanation. Give a copy to the worker and the union and keep another copy in your files.

Step 2: Written Warning:

If the worker commits another safety violation, issue a written warning.

Remind the worker of previous warnings and briefly describe the circumstances.
Explain that you’re writing this letter because of failure to heed the warning.
Describe what the worker did wrong.
Warn of further discipline if the problem continues.
Ask the worker to sign the warning to acknowledge that he received and understood it. Keep a copy of the signed warning in your files and give a copy to the worker and the union.

Step 3: Suspension:

If the worker commits another violation, send a suspension letter.

Summarize the previous incidents.
State how many days you’re suspending the worker without pay.
Make it clear that this is the final warning and that further misconduct may result in dismissal.
Send the letter to the worker and the union via certified mail, return-receipt requested. Keep a copy in the files.

Step 4: Dismissal:

If the problem continues, be prepared for the ultimate stage of progressive discipline: dismissal. Tell the worker you want to hold a formal meeting to discuss dismissal. The worker can then decide whether to have a union representative attend.

At the meeting, go over all previous incidents and disciplinary actions. Say that the problem persists and describe the immediate cause of dismissal. Give the worker and/or representative a chance to respond. If you’re dissatisfied with the explanation, let the worker know he’s dismissed.

Take careful notes of everything that happens at the meeting. Make sure at least one member of management attends as a witness. When the meeting ends write a final memo for the files summarizing what took place including your case and the worker’s defense. Don’t send the worker a letter listing your reasons for dismissal (unless you’re required to under the collective bargaining agreement). Setting down all your reasons in writing might box you in at an arbitration hearing or court case.

[Undemyanneply]

lol i cant believe someone made the effort to write all of that