CSB Develops Policy on Employee Participation in Investigations

U.S. Chemical Safety Board (CSB) has announced today a new policy on employee participation in investigations that it hopes will enhance the vital role played by plant workers in determining root causes of incidents and promoting facility safety. The policy contains 10 key elements:

1. If CSB initiates an investigation at a union-represented site, it will promptly identify and notify facility unions of its plans to investigate. At non-union sites, the agency will seek to identify other employee representatives, such as employee members of any established safety committee.
2. CSB will seek participation by contract employees and their representatives, similar to facility employees.
3. CSB will establish direct, face-to-face communications with employee representatives from the outset of its investigations.
4. CSB will take avoid interference by any party with the proper exercise of employee participation.
5. CSB investigators will allow and encourage employee representatives to accompany site inspection teams. 
6. Where necessary to obtain information, CSB investigators will conduct separate meetings with employee representatives.
7. During CSB interviews, any nonsupervisory employee may be accompanied by another nonsupervisory employee, a personal attorney or a family member as described in 40 CFR 1610.
8. CSB will allow employee representatives to review and comment on evidence and equipment testing protocols, and to observe testing. Employee representatives will also have access to any test results, to an extent equivalent to other parties.
9. CSB will allow employee representatives to review and comment on the factual accuracy of CSB reports, recommendations and interim statements of findings before public release.
10. CSB will monitor implementation of the policy to ensure that participation by facility employees and representatives in CSB investigations does not result in prohibited whistleblower retaliation under 42 USC § 7622.

“Over the next few months, CSB plans to develop a brochure for employees as well as a new web page summarizing the new policy,” says CSB Chair Rafael Moure-Eraso. “Our goal is effective employee participation from the first day of an investigation right through to our final report. No one knows more about the day-to-day operations at a plant than the workers who go there every day in the hope of safely earning a living. We cannot fully succeed in our mission without their help.”