Memorandum report

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Specific recommendations for Washington include the following: More on: Ukraine, russia, conflict Prevention, territorial Disputes. Press the ukrainian government to avoid political infighting and move faster on reform—particularly on deregulation, anticorruption measures, and liberalization of the energy sector—by offering the carrot of greater Western financial assistance. Washington should counsel kiev to do all it can to implement Minsk ii, so that if the agreement is seen to fail, the blame rests on Moscow and the separatists. (This step could prove fundamental to keeping Europe on board with implementing sanctions.). Continue close coordination with eu nationsGermany in particular—on how to support Ukraine, including with additional. And eu financial aid (about 5 billion to 7 billion and persuade russia to change its course.

Policy Implications, the write United States should aim to support Ukraine, assure nervous allies, and sustain unity with Europe. The absence of a political settlement in Ukraine will continue to affect the prospects for cooperation with Russia on a range of challenges, such as counterterrorism, nonproliferation, and the deteriorating situation in Syria. Increased tensions with Russia could also strain. Relations with those european Union (EU) countries that may oppose further sanctions and increased assistance to ukraine, especially while they remain burdened with the ongoing migrant crisis. Meanwhile, other European countries, especially in the baltics and central Europe, will be looking to the United States for further reassurance about their security. The 2016 nato summit will likely review the alliances stance toward Russia and consider new defense requirements in the baltics and central Europe. The emergence of another frozen conflict in Ukraine will make it harder to resolve the festering situations in Transnistria, south Ossetia, and Abkhazia. The Crimea problem will also remain. While kiev has wisely postponed that question, the post-Cold War order in Europe, based on the fundamental principle that force should not be used to change borders, has been undermined and needs to be reinforced. Recommendations, the more the west can bolster natos conventional deterrence and use economic sanctions on Russia and assistance to ukraine—and other "in-between" countries such as Moldova and georgia—to review constrain and reduce the Kremlins ability to interfere, the more likely that there will be a productive. The United States should aim to support Ukraine, assure nervous allies, and sustain unity with Europe, while leaving the door open for broader discussions with Russia if it changes its Ukraine policy.

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Fighting in the donbas could also be ignited by local separatist forces seeking to change the status quo. A new political crisis in Ukraine would hinder kievs ability to pursue reform. The unsettled conflict makes it more difficult for kiev to pursue reforms and turn around the faltering Ukrainian economy. Gross domestic product is expected to decline by more than 10 percent this year, and domestic politics have become more complicated as the public becomes increasingly frustrated with austerity measures and the slow fight against corruption. Meanwhile, right-wing political forces oppose minsk ii and a negotiated settlement. It could also tempt Moscow to make further efforts to weaken kievs position at a time when Ukrainian public opinion toward Russia has hardened and Ukrainian President Petro poroshenko is less free to maneuver. The crisis also continues to complicate. S.-Russia relations, which are at their lowest point since the cold summary War. Russian military activity near North Atlantic Treaty Organization (nato) borders has also markedly increased, raising the risk of a deadly accident or miscalculation.

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Memorandum crisis Between Ukraine and Russia " argued, a major Ukraine-russia confrontation has significant implications for the United States. As of September 2015, russian military personnel and heavy weapons remain in the eastern Donbas region. New Concerns, aside from the recent cease-fire in eastern Ukraine, russia has done little to implement the minsk ii provisions. As of September 2015, russian military personnel and heavy weapons remain in the eastern Donbas region, while major questions persist about Russias support for other aspects of Minsk. The likely prognosis is a frozen—or not-so-frozen—conflict, which will pose substantial risks for Europe and. More on: Ukraine, russia, conflict Prevention, territorial Disputes. Moscow could choose to escalate tensions in eastern Ukraine by applying additional military pressure in an effort to further destabilize kiev, force the west to relax its sanctions on Russia, and/or distract the russian public from a deteriorating economic situation at home.

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Use the tool below to retrieve any incident report. You must type in the incident number and the incident must have taken place within the most recent 60 days. Enter Incident Number Below: Report, note: Don't enter spaces or hyphens. I have read the, disclaimer and acknowledge the reports may change and any attempts to tamper with the report is illegal. These items will be permanently deleted and cannot be recovered.

For assistance please contact our Records Department at (937) 333-1060. In early 2014, russia began supporting armed separatist forces in the eastern—predominantly new russian-speaking—part of Ukraine. Subsequent fighting was halted in September 2015 by a cease-fire agreement known as Minsk. But, despite ongoing diplomatic efforts, few other aspects of the agreement have been implemented. Heavy fighting could resume and precipitate an even deeper crisis between Russia and the west. As a 2009 council on Foreign Relations (CFR) Contingency Planning.

For example, an employer might enter all employees who have not been injured in the previous year in a drawing to win a prize, or a team of employees might be awarded a bonus if no one from the team is injured over some period. Such programs might be well-intentioned efforts by employers to encourage their workers to use safe practices. However, there are better ways to encourage safe work practices, such as incentives that promote worker participation in safety-related activities, such as identifying hazards or participating in investigations of injuries, incidents or "near misses". Osha's vpp guidance materials refer to a number of positive incentives, including providing tee shirts to workers serving on safety and health committees; offering modest rewards for suggesting ways to strengthen safety and health; or throwing a recognition party at the successful completion of company-wide. See revised Policy memo 5 - further Improvements to vpp (June 29, 2011). Incentive programs that discourage employees from reporting their injuries are problematic because, under section 11(c an employer may not "in any manner discriminate" against an employee because the employee exercises a protected right, such as the right to report an injury.


Frsa similarly prohibits a railroad carrier, contractor or subcontractor from discriminating against an employee who notifies, or attempts to notify, the railroad carrier or the secretary of Transportation of a work-related personal injury. If an employee of a firm with a safety incentive program reports an injury, the employee, or the employee's entire work group, will be disqualified from receiving the incentive, which could be considered unlawful discrimination. One important factor to consider is whether the incentive involved is of sufficient magnitude that failure to receive it "might have dissuaded reasonable workers from" reporting injuries. Burlington Northern santa fe railway. In addition, if the incentive is great enough that its loss dissuades reasonable workers from reporting injuries, the program would result in the employer's failure to record injuries that it is required to record under Part 1904. In this case, the employer is violating that rule, and a referral for a recordkeeping investigation should be made. If the employer is a railroad carrier, contractor or subcontractor, a violation of fra injury-reporting regulations may have occurred and a referral to the fra may be appropriate. This may be more likely in cases where an entire workgroup is disqualified because of a reported injury to one member, because the injured worker in such a case may feel reluctant to disadvantage the other workgroup members. Please contact the Office of Whistleblower Protection Programs at (202) if you have further questions.

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Does the employer monitor for compliance with the work rule in the absence of an injury? Does the employer consistently impose equivalent discipline against employees who violate the work rule in the absence of an injury? The nature of the rule cited by the employer should also be considered. Vague rules, such as a requirement that employees "maintain situational awareness" or "work carefully" may be manipulated and used as a pretext for unlawful discrimination. Therefore, where such general rules are involved, the investigation must include an especially careful examination of whether and how the employer applies the rule in situations that do not thank involve an employee injury. Enforcing a rule more stringently against injured employees than noninjured employees may suggest that the rule is a pretext for discrimination against an injured employee in violation of section 11(c) or frsa. Finally, some employers establish programs that unintentionally or intentionally provide employees an incentive to not report injuries.

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In investigating such cases, factors such as the following may be considered: whether the employee's deviation from the procedure was minor or extensive, inadvertent or deliberate, whether the employee had a reasonable basis for acting as he or she did, whether the employer can show. Again, where the employer's reporting requirements are unreasonable, unduly burdensome, or enforced with unjustifiably harsh sanctions, they may result in inaccurate injury records, and a referral for a recordkeeping investigation should be made. In a third situation, an employee reports an injury, and the employer imposes discipline on the ground that the injury resulted from the violation of a safety rule by the employee. Osha encourages employers to maintain and enforce legitimate summary workplace safety rules in order to eliminate or reduce workplace hazards and prevent injuries from occurring in the first place. In some cases, however, an employer may attempt to use a work rule as a pretext for discrimination against a worker who reports an injury. A careful investigation is needed. Several circumstances are relevant.

such a policy is inconsistent with the employer's obligation to establish a way for employees to report injuries under.35(b and where it is encountered, a referral for a recordkeeping investigation should be made. Where osha encounters such conduct by a railroad carrier, or a contractor or subcontractor of a railroad carrier, a referral to the federal railroad Administration (fra which may conduct a recordkeeping investigation, may also be appropriate. In another situation, an employee who reports an injury or illness is disciplined, and the stated reason is that the employee has violated an employer rule about the time or manner for reporting injuries and illnesses. Such cases deserve careful scrutiny. Because the act of reporting the injury directly results in discipline, there is a clear potential for violating section 11(c) or frsa. Osha recognizes that employers have a legitimate interest in establishing procedures for receiving and responding to reports of injuries. To be consistent with the statute, however, such procedures must be reasonable and may not unduly burden the employee's right and ability to report. For example, the rules cannot penalize workers who do not realize immediately that their injuries are serious enough to report, or even that they are injured at all. Nor may enforcement of such rules be used as a pretext for discrimination.

Some of these policies and practices may also violate osha's recordkeeping regulations, particularly the requirement to ensure that employees have a way to report homework work-related injuries and illnesses. I list the most common potentially discriminatory policies below. Osha has also observed that the potential for unlawful discrimination under all of these policies may increase when management or supervisory bonuses are linked to lower reported injury rates. While osha appreciates employers using safety as a key management metric, we cannot condone a program that encourages discrimination against workers who report injuries. Osha has received reports of employers who have a policy of taking disciplinary action against employees who are injured on the job, regardless of the circumstances surrounding the injury. Reporting an injury is always a protected activity. Osha views discipline imposed under such a policy against an employee who reports an injury as a direct violation of section 11(c) or frsa.

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Section 11(c) of the osh act prohibits an employer from discriminating against an employee because the employee reports an injury or illness.36. This memorandum is intended to provide guidance to both field compliance officers and whistleblower investigative staff on several employer practices that can discourage employee reports of injuries and violate section 11(c hazlitt or other whistleblower statutes. Reporting a work-related injury or illness is a core employee right, and retaliating against a worker for reporting an injury or illness is illegal discrimination under section 11(c). Other whistleblower statutes enforced by osha also may protect employees who report workplace injuries. In particular, the federal railroad Safety Act (frsa) prohibits railroad carriers, their contractors and subcontractors from discriminating against employees for reporting injuries. If employees do not feel free to report injuries or illnesses, the employer's entire workforce is put at risk. Employers do not learn of and correct dangerous conditions that have resulted in injuries, and injured employees may not receive the proper medical attention, or the workers' compensation benefits to which they are entitled. Ensuring that employees can report injuries or illnesses without fear of retaliation is therefore crucial to protecting worker safety and health. There are several types of workplace policies and practices that could discourage reporting and could constitute unlawful discrimination and a violation of section 11(c) and other whistleblower protection statutes.


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