• Ogletree Deakins
    美国职场每天工伤死亡38人到最近的15人:职场更安全了,但真正的风险还没被看见 在 OSHA 成立55周年这一节点上,一个数据再次引发关注:美国工作场所死亡已从1970年的每天38人下降到2023年的约15人。这个变化无疑证明了监管体系的长期有效性,但如果换一个角度来看,这个数字依然值得所有企业警惕——每天15人,一年超过5000人,仍然死于与工作相关的事故。问题在于,这些风险真的发生在企业最重视的地方吗? 过去半个多世纪,美国职场安全确实发生了显著变化。从1970年前后每天约38人死于工伤事故,到2023年下降至约15人,这一进步背后,是法律体系、监管机制以及企业管理能力的长期演进。但如果只看到“下降”,很容易忽略另一个同样重要的事实:每天仍有约15人因工作相关事故死亡,每年超过5000人。 这意味着,职场安全不是“已经解决的问题”,而是一个仍在持续演化的系统性挑战。更关键的是,很多企业对风险的认知,仍然停留在过于单一的维度。 风险不只在工地,而是一个“多源结构” 在讨论职场安全时,很多人会本能地联想到建筑工地或制造业,但现实中的风险分布更加复杂。根据 Bureau of Labor Statistics 等数据来源,当前美国职场工伤死亡主要来自几个核心领域: 交通事故仍然是最大来源,占比约38%。这类风险往往发生在员工执行工作任务过程中,如出差、配送、通勤或跨地点工作,因此容易被企业低估。 建筑行业长期处于高风险状态,其中“坠落”是最主要致死原因。这类风险高度集中,但同时也是监管最成熟、标准最清晰的领域之一。 职场暴力在近年来持续受到关注。2023年相关死亡案例达到740起,尤其在零售、医疗、服务行业更为突出,这类风险正在从“个别事件”转变为结构性问题。 此外,高温环境、设备事故、仓储物流等场景正在快速上升。随着电商和即时配送的发展,仓储与物流成为新的高风险集中区,而极端气候也让高温作业风险显著增加。 从这个角度看,职场安全已经不再是单一行业或单一场景的问题,而是一个覆盖“移动场景 + 固定场景 + 人际风险”的复合体系。 为什么很多风险“看得见,却管不好” 尽管监管体系不断完善,但企业在实际管理中仍面临几个核心挑战。首先,风险的分布更加分散。与传统工厂不同,今天大量风险发生在企业难以直接控制的场景,例如道路、客户现场或远程办公环境。其次,行为因素占比上升。疲劳、压力、操作习惯等个体行为,正在成为事故的重要诱因。第三,监管存在边界。例如 Occupational Safety and Health Administration 并不能覆盖所有场景,这使得部分风险只能通过企业自身管理来应对。 这些因素叠加,形成了一个现实:风险并没有减少,只是从“可控场景”转向了“复杂场景”。 从“合规要求”到“组织能力”的转变 过去,企业往往将安全理解为合规问题——满足法规、避免处罚即可。但当前趋势已经发生明显变化。职场安全正在成为企业运营能力的一部分,与成本控制、员工体验、品牌声誉直接相关。 一个成熟的企业安全体系,通常包含三个层面:一是制度与合规,包括政策、培训与记录;二是风险识别能力,能够覆盖不同业务场景;三是保障机制,在事故发生时具备清晰的责任与财务承接。这三者缺一不可。 也正是在这一背景下,安全管理逐步从EHS部门的职责,扩展为HR、运营与管理层的共同议题。 企业真正需要回答的几个问题 与其关注单一事故类型,更重要的是回到企业自身。当前大多数企业并没有系统回答以下问题:是否清晰识别所有工作场景中的风险来源?是否建立了覆盖不同场景的安全政策?员工行为是否被纳入安全管理体系?一旦事故发生,是否有清晰的责任与保险结构支持? 如果这些问题没有明确答案,那么风险并不是“未来可能发生”,而是已经存在。 NACSHR的建议:建立一套完整的安全与风险框架 基于在北美服务企业的实践经验,我们建议企业从三个方面入手。首先,重新定义风险边界,将交通、暴力、高温等“非传统风险”纳入管理范围。其次,建立基础的合规与培训体系,确保员工在不同场景下具备基本安全认知。第三,配置匹配业务结构的保险方案,包括工伤、责任及相关保障,以形成完整的风险闭环。 立即行动:获取你的企业风险评估与支持路径 如果你希望更系统地评估企业当前的风险状况,可以通过 NACSHR 合规自查工具进行快速评估。 订阅合规邮件获取每周美国HR政策更新与实务指南:compliance.nacshr.org/subscribe;或直接预约咨询,获取企业保险配置与合规优化建议。通过这些入口,你可以在几分钟内建立对企业风险的基础认知,并逐步完善你的安全与合规体系。 真正成熟的企业,并不是避免风险发生,而是在风险发生之前就已经做好准备。你以为最危险的是工地,其实是去上班的路上。而管理的差异,正是在这种“看不见的风险”中拉开。 附录:美国HR合规月历邮件订阅,加州、德州、纽约均有覆盖,完全免费,无需注册,一键退订。 订阅链接:compliance.nacshr.org/subscribe NACSHR保险服务:https://nacshr.org/Public/html/Insurance/index.html
    Ogletree Deakins
    2026年05月01日
  • Ogletree Deakins
    How to Learn More About Labor Relations There’s a lot of talk about labor relations (i.e., union activity) in today’s news. While we’re reading about it more, the actual number of American workers that belong to unions is relatively small. According to the Bureau of Labor Statistics, it’s 10.1% and only 6% in the private sector. So, it’s not unusual that individuals might not have much labor relations experience. That’s what today’s reader note is all about. "I am looking for some direction. I love your emails and share them with my peers.  Can you suggest any online blog, certificate program, or course I can take that would help me interpret union contracts more effectively? I am struggling to understand the grey area of the language sometimes. What I interpret the language as saying is different than the original intent of the language and I get stuck. Any help or direction you could give would be great. Have a great day!" When it comes to labor relations, one of the first things that individuals need to know is what legislation governs your industry. For instance, many organizations are governed by the National Labor Relations Act (NLRA). But some industries – like transportation – are governed by the Railway Labor Act. And if you’re in the public sector, the rules are different as well. So, understanding the rules is step one. While I have some labor relations experience, I know someone who is a specialist in this area and thankfully, when I asked if he would share his expertise, he said “yes”. Michael VanDervort is a staff member with the Labor Relations Institute (LRI) in Tulsa Oklahoma. In his role, Michael specializes in creating thriving workplaces driven by positive associate relations. Before joining LRI, Michael worked in labor relations for Publix Super Markets and was executive director of CUE Inc., a non-profit, member-run organization dedicated to assisting companies in the creation and maintenance of positive working environments. Michael and I have known each other for years. We met as volunteer leaders with the Society of Human Resources Management (SHRM) and HR Florida. Michael, thanks for much for being here. Can you share with readers how you got started in labor relations? [VanDervort] I grew up in Michigan at a time when the state was the center of the universe when it came to the auto industry and manufacturing, especially the UAW (United Auto Workers). My dad was a manufacturing supervisor at that time and would come home with paperwork that included lists of grievances that had been filed by employees, and he would have to write responses. I guess I was an HR nerd even then because I remember reading the complaints and saying,‘But why….??’ about all kinds of work-related complaints. When I graduated with my bachelor’s, I originally planned to go to law school, but I decided to take a year off to earn some cash. I applied for and got hired into a job with the U.S. Postal Service as a letter carrier, and I joined the National Association of Letter Carriers Union (NALC). I became a union member, realized how bad the relationship between craft workers and postal management was, and started asking,‘But why…?’ again. I became active with the union, winding up as an elected official, but I knew I could do more. A few years later, I applied to graduate school for my master’s in labor and industrial relations. I switched to the management side 35 years ago because that’s where you can make the most difference, and I have been doing this work ever since and still love it. Before we start talking about the reader note, I want to ask about non-union environments. Why should HR professionals in non-union environments learn about labor relations? [VanDervort] If you manage in a non-union environment, you have a blank slate for establishing a thriving workplace culture. If you do this well, your people will never need a union. That’s the first reason. The second is that even though it may seem remote and esoteric to non-union practitioners, the National Labor Relations Board (NLRB) is an influential agency with jurisdiction over many crucial aspects of the workplace that apply to all employers, regardless of union status. Any employee, including non-union employees covered by the NLRA, can file an unfair labor practice (ULP) charge with the NLRB and bring the Board to your front door. Most of these charges would be related to protected concerted activity for things like complaining about unfair treatment, being disciplined, or fired for sharing company information, or handbook policy violations. The reader expressed interest in building their labor relations knowledge. If someone wants to learn more about the area of labor relations, can you name a handful of low-cost / no-cost resources? [VanDervort] There are many newsletters and organizations that focus on labor relations in different ways, including professional organizations like: CUE Inc., a community for positive employee relations HR Policy Association Society for Human Resource Management (SHRM) Law firms also provide great resources with their blogs and newsletters. Jackson Lewis Littler Mendelson P.C. Ogletree Deakins And free blogs, newsletters, and podcasts abound. Labor Relations Radio Labor Union News Projections Inc. and the ProjectHR podcast Lastly, my own firm, the Labor Relations Institute, offers free resources and I do a podcast called Labor Relatedly, which I co-host with attorney Jon Hyman as part of the DriveThruHR show. I put out a LinkedIn newsletter called “Positive Employee Relations” several times a week that is a great resource for staying current on developments in the labor space. And if I have some budget dollars, are there any labor relations educational programs that might be helpful? [VanDervort] CUE offers some low-cost training like Labor Relations 101 and a periodic certification course in labor relations. They also offer two conferences yearly, which are great learning opportunities for those seeking to learn more about labor relations. Michigan State University’s School of Human Resources & Labor Relations offers unique monthly courses and a certificate program for someone preparing for a leadership role in a unionized organization. Cornell University also offers an online certification in labor relations. This reader note talks about collective bargaining agreement (CBA) language. If an HR pro is trying to interpret the CBA, what should they do? Is there someone specific they should turn to for guidance? [VanDervort] The first piece of advice I received about learning labor relations and contract interpretation was ‘read the labor agreement’. This is completely true. Everything starts with the labor agreement. From there, you have guidelines in precedent, past grievance settlements, bargaining notes from negotiations, and your internal/external labor attorneys to draw from. However, you need to build your own knowledge first because every conversation you have around grievances, arbitration, and work rules with a union representative derives from that CBA, so you need to know it inside out. Last question. I’ve worked with some companies where labor relations were left up to lawyers and consultants. I’m not a lawyer or consultant bashing – they are invaluable, especially when employees might be considering union representation (i.e., organizing) and contract negotiations. How can an HR pro know when to call in outside expertise?  [VanDervort] It goes back to knowing the basics of labor law, what the current trends are in labor relations are, and how they might impact your employer. If you are non-union, follow what the NLRB is doing policy-wise. They create policies every week that impact non-union workplaces significantly. You are not doing your job if you aren’t on top of these developments. Stay abreast of what labor unions are doing and what industries they focus on for organizing. If you get a surprise petition or ULP charge, you are going to be hard-pressed to respond. If you are a union employer facing contract negotiations, ULPs, or even a strike, you must be prepared and have plans in place. These are the times when having a labor attorney or consultant in your contacts makes sense. A huge thanks to Michael for sharing his experience and knowledge with us. Michael frequently speaks and writes about a wide variety of human resources topics, including labor and employee relations, positive workplace leadership, and social media. So, I hope you’ll check out all the resources he has provided. One of the big takeaways for me in this conversation with Michael is there’s a place for labor relations in both union and non-union environments. And he’s absolutely right in saying that the NLRB is an influential agency. It’s worth your time to proactively understand what’s happening, not only for your own professional development but your company culture. Image captured by Sharlyn Lauby while exploring the streets of Tampa, FL SOURCE HR Bartender
    Ogletree Deakins
    2024年01月19日