Printing - FECA-PT2 - National Association of Letter Carriers

how, when, and how often the employee and co-workers were informed of the rule
(copies of the notice should be obtained if written notice of the rule was given); and
describes the manner in which the rule had been enforced and what disciplinary
action was taken against the employee and coworkers for this or prior violations.
(b) In disability cases, a statement from the injured employee should be required
which: shows whether the employee was aware of the safety rule which was
allegedly violated and, if so, contains information as to how, when, the number of
times, and the manner in which the employee was informed of the rule; the reason,
if any, for violating the rule; the particular act in which the employee was engaged
at the time of the injury and whether, in the employee's opinion, this was a part of
assigned duties; whether the employee had previously violated this rule and, if so, a
full explanation therefor, including an opinion whether the supervisors were aware of
such violations; and any explanation the employee believes would justify the
violation of the rule.
(c) Statements should also be obtained from any co-workers or witnesses which
show: what they know about the injury, the manner in which it was sustained, the
particular activity in which the employee was engaged at that time, and how they
acquired this knowledge; whether they were aware of the existence of the safety
rule which was allegedly violated and, if so, how, when, the number of times, and
the manner in which they were informed of the rule; and the manner in which the
rule had been enforced and what disciplinary action, if any, had been taken against
them or the injured employee for prior violations.
(3) Disobeying Other Orders of the Employer.
(a) In these cases the official superior should be required to submit a statement
which: identifies the particular order which was allegedly disobeyed; gives the
reasons the employer found it desirable and necessary to issue this order; states
how, when, the number of times, and the manner in which the employee and
co-workers were informed of the order (copies of any written orders should be
obtained); and describes how the order had been enforced and what disciplinary
action was taken against the employee and co-workers for prior instances of
disobedience.
2-0804-14 Statutory Exclusions (cont.)
(b) In disability cases, the injured employee should be required to submit a
statement showing: the particular person from whom these orders had been
received and what supervisory responsibility that person had; how, when, and how
often these orders were received; the particular act in which the employee was
engaged at the time of the injury, and whether this was a part of the employee's
assigned duty; whether the employee had previously disobeyed these or similar
orders and, if so, this should be fully explained, including whether the supervisors
were aware of such disobedience; and any explanation which the employee believes
FECA-PT2 Printed: 06/08/2010 188