All
of the examples (below) were discussed in class. However,
some questions were not discussed in detail because they
were answered during previous discussion. During the class
discussion, the author verbally summarized conclusions,
and subsequently wrote down the conclusions for class review
and approval. Thus, the answers below represent the class
consensus on what we heard the instructor to say. As a general
response, the class heard Mr. Kazanjian to say the following:
In
general, when working within the scope of your employment
and under the State Workers’ Compensation Program,
it is very unlikely that any personal liability would attach
even when including conduct where there may be some negligence.
However, the legal theory underlying the "Be a Manager –
Go to Jail" law applies to anyone who has authority to give
orders (Safety Officer I and II) or make recommendations
(Safety Officer III). The only caveat for Safety Officer
III is that they must have "ostensible authority" to make
recommendations (where the Safety Officer is more than a
title, they are looked to for direction and advice). General
workers who knowingly choose not to follow directions are
not personally liable for injury they cause themselves but
are subject to disciplinary procedures. Employers need to
implement disciplinary procedures to preserve and assert
any future defense based on an "independent employee act."
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