Workplace Safety: Learning From Near Misses and Managing Recording Devices

When it comes to workplace safety and risk management, prevention is one of the most important tools an organization has. Two areas that deserve particular attention are near misses and the growing use of personal recording devices in the workplace.

Both provide opportunities for employers to identify potential problems before they become costly incidents.

Near Misses: An Opportunity to Prevent the Next Accident

When it comes to workplace safety, an incident that almost happened can be just as valuable to learn from as one that did.

A near miss is an unplanned event or unsafe condition that could have resulted in an injury, property damage, equipment failure, or other loss—but fortunately, no one was hurt and no damage occurred.

It can be easy to think, "Nothing happened, so there's no need to report it." However, that mindset can allow hazards to remain in place until the next occurrence has a much different outcome.

Why Are Near Misses Important?

Near misses provide organizations with an opportunity to identify and correct hazards before someone gets injured. They can reveal problems with equipment, procedures, training, communication, housekeeping, or working conditions that may otherwise go unnoticed.

For example, an employee may trip over an extension cord but catch themselves before falling. While the employee wasn't injured, the underlying hazard—the improperly positioned cord—is still present.

Reporting the near miss gives the company an opportunity to secure or relocate the cord before another employee trips and suffers an injury.

The same principle applies across industries. A driver may have a close call due to a distracted pedestrian, an employee may notice a machine guard is loose, or an office employee may encounter a slippery floor.

Each situation provides valuable information that can be used to prevent a future incident.

Reporting Is Only the First Step

A strong near-miss program isn't simply about collecting reports. The goal is to identify why the event happened and take action to prevent it from happening again.

When a near miss is reported, management should consider:

• What happened?
• What could have happened?
• What hazard or condition contributed to the event?
• Was there a breakdown in training, communication, or procedures?
• What corrective action can be taken?
• Could the same hazard exist somewhere else in the organization?

Taking corrective action demonstrates to employees that their reports are taken seriously and that safety concerns will be addressed.

Creating a Positive Reporting Culture

Employees are much more likely to report near misses when they know they won't be blamed or punished for bringing a safety concern forward.

Organizations should encourage employees to speak up when something doesn't look right, even when no injury or damage occurs.

Supervisors and managers play an important role in this process. Thank employees for reporting hazards, respond promptly, and communicate what was done to address the concern.

This reinforces the idea that reporting is a positive safety behavior and not something employees should avoid.

Don't Wait for Someone to Get Hurt

Every workplace has hazards, and not every incident can be prevented. However, near misses give organizations a chance to learn before an injury occurs.

Encourage employees to report unsafe conditions, close calls, and other events that could have resulted in an incident.

The next accident may be prevented simply because someone took the time to say, "This could have been worse."

A near miss isn't simply an incident we got lucky with—it's a warning we have an opportunity to learn from.

Recording Devices in the Workplace

The rapid growth of new technologies brings with it both opportunities and challenges for employers.

Tools powered by AI now make it easier than ever to record meetings, take automated notes, translate in real time, and streamline day-to-day operations.

However, these same advancements also create new risks, especially when employees begin using personal recording devices, such as body cameras, smart glasses, or wearable technology, in the workplace.

Personal Recording Devices

When employees record without authorization, it can expose the company to privacy, security, and compliance issues.

This is especially true in workplaces covered by HIPAA or other privacy regulations.

For example, in healthcare settings, a single unauthorized recording could capture protected health information (PHI) and lead to a HIPAA violation, even if the employee's intent was harmless.

It is a best practice for employers to have a clear policy that details the organization's expectations regarding recording devices in the workplace.

Employers should also ensure that all employees are informed of the policy during orientation and ongoing training. Discussing the policy as part of onboarding helps set clear expectations.

Employee Rights Under Federal Law

While employers can restrict recording in most circumstances, it's important to remember that employees also have legal rights to record in certain situations.

Under the National Labor Relations Act (NLRA), employees are protected when they record for purposes such as:

• Documenting unsafe working conditions
• Gathering evidence related to workplace discrimination or harassment
• Supporting concerted activity or union organizing

Disciplining employees for protected activity could result in an unfair labor practice charge.

Note: Recording laws vary significantly by state. Always check state and local regulations.

Technology Continues to Evolve

Technology continues to evolve faster than most workplace policies.

By proactively addressing how recording devices can and cannot be used, employers can reduce risk, protect privacy, and maintain compliance.

A clear workplace policy, combined with effective employee training and consistent enforcement, can help organizations navigate these emerging issues while taking advantage of new technology.

How Risk Advisor Konnect Can Help

Risk Advisor Konnect is a service brought to you by our agency that includes helpline access with answers to questions related to:

• Safety/OSHA Compliance
• Human Resources
• Claims
• DOT/FMCSA Compliance

Here are some sample questions that our clients are calling in with:

• Do I need to keep OSHA 300 logs? Do I need to report this information to OSHA?
• My employee was driving to a customer's location and was injured in an auto accident. Should this be an auto claim or workers' compensation?
• How can we ensure our drivers meet the FMCSA's qualification standards?
• I just had an employee come to me and tell me they are being harassed. What should I do?

Whether you're dealing with a potential safety hazard, an employee question, a claim, or a compliance concern, having access to knowledgeable resources can help you make informed decisions.

 

All Lester Insurance Commercial Customers have access to Risk Advisor Konnect

Call 888.976.7565 or email myriskadvisor@keystoneinsgrp.com