future. Monthly safety topics are emailed by us to the management team. Safety meetings also provide a great avenue for employees to participate and voice their concerns. Employees are often the ones who are most knowledgeable on safety matters. Have patience. Behavioral change takes time. A scientific study published 45 years ago studied monkeys’ behavior when seeking a reward and getting a cold shower instead. In one experiment, five monkeys were put in a cage with a banana on top of a ladder. When one monkey went up the ladder, a cold shower came down on all the monkeys. Then a new monkey was put in the cage (replacing an existing monkey), and when this new monkey decided to go up the ladder, the other monkeys beat him up and prevented him from going for the banana. This sequence was repeated until all five monkeys, who had never received a cold shower, were in the cage. When a new monkey (who had never been part of the experiment), was placed in cage and decided to go up the ladder, the other monkeys beat him up even though none had ever received the cold shower. Such is the experiment and thesis of “herd mentality.” So shepherding your troops to work in a safe manner takes time, direction and the proverbial cold shower at times! Conduct background checks when hiring. Conducting background checks for new applicants is considered one of the most efficient ways to weed out possible 3F (fraudulent, fictitious or frivolous) claims. A phone call for an investigation to the previous employer’s HR manager usually releases the same information as you give out: not much. Background investigations should be conducted within limits established by law. The limits vary across states. Have the hiring department manager call his/her equivalent at the applicant’s previous employer. Acquaintances, past co-workers and friends are likely to release more information than HR representatives with a canned set of answers. DISCLAIMER: The contents of this newsletter are for informational purposes only and are not to be considered as legal advice. Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to environmental health and safety. The article was authored by Sam Celly of Celly Services Inc., who has been helping automobile dealers across the United States comply with EPA and OSHA regulations for over 38 years. Sam is a certified safety professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in chemical engineering, followed by a J.D. from Southwestern University School of Law (1997). Sam is a member of the American Chemical Society (No. 31176063), American Industrial Hygiene Association (No. 124715) and National Association of Dealer Counsel (NADC). Sam also serves on the Board of Orange County American Industrial Hygiene Association and on California Industrial Hygiene Council (CIHC). Our newsletters can be accessed at www.epaoshablog.com. Your comments/questions are always welcome. Please send them to sam@cellyservices.com. • Labor Relations • Employee handbooks • Employment Law Counseling and Litigation • HR Policies and procedures • Independent contractor issues • OSHA Compliance and defense • Purchasing or selling a dealership • Staffing and contingent workers • Workers’ Compensation • Wage and hour law A driving force in labor and employment law for more than 70 years. Fisher Phillips brings valuable legal counsel to NCDA members. Our labor and employment law firm offers auto dealerships the following services: fisherphillips.com 4747 Executive Drive | Suite 1000 | San Diego, CA 92121 NCDA.COM 13
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