Is it legal for an employer to require and employee to do a safety observation on a fellow employee?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for an employer to require and employee to do a safety observation on a fellow employee?
Our company has for several years had a program in place to observe personnel while performing their work to watch for unsafe posture, movements, procedures etc., this was a volunteer employee-driven program. Management has since then tied it into our gain-share program and as o the1st of next month are making it mandatory for all employees.
Asked on April 15, 2012 under Employment Labor Law, Maine
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, it is almost certainly legal. An employer may determine the duties of employees at will, subject only--
1) Any employment contracts, including union agreements--if there are such contracts, any terms of theirs setting or delineating duties are enforceable;
2) Any safety regulations over your particular industy or job, which may specificy that personal with certain training or qualifications conduct safety checks--but this would only apply to a few industries or jobs, such as certain medical, aviation, etc. fields.
Otherwise, your employer may make this part of your job.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.