Safety Strategies
- joshlyns
- Jul 25, 2018
- 6 min read
Updated: Aug 7, 2018
The most hazardous job is being a: fireman, animal care worker, construction worker, emergency medical worker, truck driver, lumber jack, or police officer (Kennedy, 2016); each of these jobs are striving areas of employment in tribal communities: Native Americans are vulnerable to safety.
Did You Know?
Native Americans are at a higher risk for sustaining harmful injuries in the workplace on the reservations because of the limitations of standards tribal enterprises have to upholding to Occupational Safe Health Act (OSHA) supporting this claim are lawsuits addressing the need for safety in tribal enterprises and the results from a study done on Native American employment safety.
There is transparency barrier that exist between tribal enterprises and safety standards; as the Native American businesses sector grows it is critical for tribal businesses competing in an open market to start building up the image to a higher degree to effectively carry out safety regulations accurately, legally, and efficiently. (Nathan, 2010) implies that one of the most essential functions in human resources is safety; taking this perspective and linking it to today’s tribal sector shows that indigenous communities have a weak safety system set in place calling for a colossal make-over.
The Dilemma #TalkingBS
The dilemma #TalkingBS is that safety standards vary from tribe to tribe; it is important that all tribes shift the Native American population from being "at-risk populations", to populations having healthier longer lives from improvements in saftety practices.
In the case of Donovan v. Navajo Forest Products Industries "NFPI" (1982) the suit sheds light to a tribal business entity undermining safety standards by not complying to OSHA. In 1976, the Secretary of Labor (SOL) made a citation against the Health Review Commission (HRC) for not filing a complaint against NFPI for incurring $4,050 in penalty fees, one serious violation, and 53 violations from OSHA. The HRC affirms that the tribal enterprise is in law with the Navajo Treaty Section 8 and NFPI is one of the main instruments in the tribal government sector because the entity employees 650 workers, produces $34 million in paid wages, and brings $97 million in aggregate revenues; in addition the company upholds to a 9-member committee team that is part of the 71-tribal councils legislative body. According to the Article II of the treaty set forth: “to achieve an end to conflict and ensure peace, the United States Government agreed to leave the Navajos alone on their reservation to conduct their own affairs with minimum interference from non- Indians”, the ruling states OSHA is in interference and SOL is out of authority (Donavan v. Navajo Forest Products, 1982).
In the decision of Donavan v. Couer d’Alene Tribal Farm (1985) the suit serves as additional support to acknowledging the undermining of safety standards of OSHA transpiring in a different demographic region. The case shows the common factor across Native American tribes about OSHA issues on how tribal governments’ get preference of handling the tribe’s own affairs unless congress says differently. In 1978, the Secretary of Labor made an appeal against Couer d’Alene Tribal Farm for incurring 21- violations and $185 in fines for being incompliance with OSHA standards. The owner of the farm grows grains and lentils to compete in a commercial enterprise on and off the reservation and has 20 employees consisting members and nonmembers of the tribe. The Farm did not dispute the violations but tried to challenge the appeal in the defense that congress did not mean for OSHA to apply specially to them; the ruling was in favor of The Farm. The judgement in the case supports tribal enterprises in handling own affairs.
The findings from New Mexico Tribal Occupational Heath Needs Assessment show results from professionals who work with Native American tribes in New Mexico (2012) "25 tribes in New Mexico may be the linkage to the numbers of injuries and fatalities in reportable diseases for silicosis and other sicknesses." The New Mexico Occupational Health and Safety Bureau (NMOHSB) has jurisdiction over occupational health and safety regulations for the state of New Mexico but it has no authority on tribal lands.
Due to complexities within the tribal government system safety regulations and human resources (HR) are different compartments, HR serves more as an advisement officer/councilor rather than the enforcer/facilitator chain of command. Thus, a barrier exists among key stakeholders creating the need to shift values within the dynamic roles or matrix; HR should be upheld to having more responsibility. The key is to let HR handle safety issues from the beginning to end doing so will help establish quality control, time effectiveness, and increase in efficiency between employees and businesses upholding to the highest ethical standards.
Whereas, the safety department can solely focus on techniques, innovation, and productivity trainings; eliminating errors in paperwork, miscommunication barriers, and unnecessary third-party activity or filing procedures. The official site of the Navajo Nation (2018) show a separate division in charge of safety this sector is responsible for trainings in: general & office safety, personnel protective equipment, blood borne pathogens, fire prevention training, confined space training, lock out and tag control, general electricity safety, hazards communication, trenching and excavation safety, back safety, asbestos awareness, office safety, and facility inspection. The safety department need is to focus on quantitative measures for risk and the HR department need is to focus on qualitative measures of safety and sustainability.
The Native American Economic Sector (2002) latest report show the Navajo tribe has 804 employers responsible for employing 27,690 Native Americans and 4,730 non-members; in addition the report concludes the number of businesses in each economic sector of employers consist of the following: agriculture 2, construction 27, finance/insurance/real estate 27, government/public 198, manufacturing 8, mining 13, retail trade 198, service/transportation 254, and communication/utilities 77. According to the Navajo Nation Workers Compensation Program (2018): "All covered workers are hereby notified that the Navajo Nation is a sovereign Nation for the purposes of workers’ compensation, govern by the laws as set forth by the Navajo Nation Council and that no other workers’ compensation law is applicable to injures or death sustained by a covered worker. If you do not fully understand the terms, conditions and provisions of the Navajo Nation Workers’ Compensation Act contact your supervisor or the Workers’ Compensation Program office for further details [15 N.N.C. § 1003]."
10 Management Strategies To Help Improve Safety Measures Where They May Not Exist
1. Put emphasis on culturally appropriate prevention programs for tribal enterprises by creating more visuals rather traditional instruction manuals and fast accessibility to safety videos related to job performance such as YouTube.
2. Implement demographic consultation experts liaison for tribal council members to seek second opinions and cross-reference support on bids/projects.
3. Schedule and coordinate on-going safety meeting with project managers and contractors on projects to ensure safety and consequences of injuries.
4. Incorporate support services for specific job injuries.
5. Administer "touch points" for available information for: workmen compensation, accident falls, sickness, leave, and injury explaining work document procedures and qualification procedures or insurance procedure.
6. Extensive data collecting to track risky performances to improve future performances this includes employees/employers/stakeholders conducting a risk analysis and solution analysis for current job position or previous projects; in addition to live stock and agriculture analysis how job performance affects eco-system on reservations.
7. Implement saftety tactics for extreme weather for business to take in the event of and tactics for business and how to help in the event of with list of available resources and contact systems ready for key stakeholders in demographic locations this system includes communication with no phones.
9. Create effective methods system for holding members and non-members accountable for actions and unethical behavior .
10. Integrate in-real live time communication system between; first-responders, community, businesses, and governments on health risks in the community using in real-time live meeting systems such as Zoom or Business Skype.
References
In the decision of Donavan v. Couer d’Alene Tribal Farm, 751 F. 2d 1113-Court
of Appeals, 9th Circuit [1985]. Retrieved April 06, 2018 from World
Wide Web: https://scholar.google.com/scholar_case?
In the decision of Donovan v. Navajo Forest Products Industries (NFPI). 692
F.2d 709. Court of Appeals, 10th Circuit [1982]. Retrieved April 06, 2018
from the World Wide Web: https://scholar.google.com/scholar_case?
Kennedy, B. (2016). 10 Most Dangerous Jobs. Retrieved April 06, 2018 from
World Wide Web: www.cbsnews.com
Nathan, M. (2010). Implementing Compensation, Benefits, and Workplace
Safety. Human Resource Management MGMT 687. Las Vegas, NM:
NMHU Press
Navajo Nation Government (2018). Navajo Nation Safety & Loss Control
Program Safety & Health Training. Retrieved April 06, 2018 from
World Wide Web: http://www.navajo-nsn.gov/#
Navajo Nation Economic Development (2002). Retrieved on July 30, 2018
from World Wide Web:
Navajo Nation Workers Compensation Program (2018). Retrieved on July 30,
2018 from World Wide Web: http://www.isd.wcp.navajo
nsn.gov/index.html
New Mexico Health Registry (2005). New Mexico Tribal Occupational Health
Needs Assessment Professionals Who Work for or With Native
American Tribes in New Mexico. Retrieved April 11, 2018 from the
World Wide Web: https://nmhealth.org/data/view/assessment/320/
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Insight To Post
Management strategies help improve safety measures support for tribal enterprises in handling own affairs the post brings insight the need to educate tribal enterprises on legal consequences and insight to improve entrepreneurial leadership by incorporating safe and sustainable strategies into decision making.
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