Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

Employers must record employee ?horseplay? injuries suffered while at work

Employers must record employee ?horseplay? injuries suffered while at work
US Department of Labor/OSHA recent letter of interpretation

OSHA has advised that injuries to employees sustained at the work site as a result of ?horseplay? requiring medical treatment beyond first aid are ?reportable? injuries.

Horseplay may also result in disciplinary action being taken against the employee. For example:

1. The Corning City School District charged a teacher with using physical force against a student -- pinching the student with a pair of pliers. Disciplinary Hearing Officer James R. Markowitz did not accept the teacher's efforts to excuse the episode as merely classroom "horseplay" and suspended the teacher for two weeks without pay. [NYS Department of Education Disciplinary File 3310].

2. A number of off-duty practical jokes by a supervisor resulted the supervisor?s demotion and being placed on a disciplinary probation for six-months [Sguanci v Commissioner of Public Works, Broome County, 158 AD2d 788].3. Playing practical joke with fake spider resulted in a teacher being suspended without pay for one-year [Decisions of the Commissioner of Education, 10842].

3. Sguanci, an off-duty supervisory Broome County security officer was involved in some pranks or "practical jokes" carried out on County property involving fellow security officers then on duty [Wguanci v Commissioner of Public Works, Broome County, 158 A.D.2d 788]

Full post as published by New York Public Personnel Law on March 06, 2010 (boomark / email).