Section R6-3-51300. Manner of performing work (Misconduct 300)

A.      General (Misconduct 300.05)

1.        A worker has the implied duty of performing his work with ordinary care and diligence and of making reason- able efforts to live up to such standards of performance as are required by his employer. Misconduct generally arises when a worker knowingly fails to exercise ordinary care in the performance of his duties.

2.        “Ordinary care” means that degree of care which persons of ordinary prudence are accustomed to exercise under the same or similar circumstances, having due regard to his or others’ rights and safety and to the objectives of the employer. This standard is general and application will vary with the circumstances. For example, the ordinary care expected of a precision engineer will vary consider- ably from the care expected of a ditch digger. The accepted standard of performance establishes what is ordinary care.

3.        This does not mean that every claimant discharged because of unsatisfactory work performance is subject to disqualification. In the absence of gross carelessness or negligence, or recurrence of ordinary carelessness or neg- ligence, the claimant’s failure to perform his work prop- erly is presumed to be attributed to good faith error in judgment, inability, incapacity, inadvertence, etc. A con- scientious employee may be unable to perform his duties to the satisfaction of his employer because of limited mental capacity, inexperience, or lack of coordination. If such person is discharged for unsatisfactory work his dis- charge is not for misconduct.

B.       Accident (Misconduct 300.1)

1.        Accident is defined as “an event that takes place without one’s foresight or expectation.” A worker is expected to exercise that degree of ordinary care in proportion to the danger(s) inherent in the activity in which he is engaged.

2.        When a worker fails to exercise ordinary care and an accident occurs, it establishes his negligence. The degree

of negligence will determine whether there is miscon- duct. In determining the degree of negligence, the follow- ing should be considered:

a.        The worker’s knowledge of the potential seriousness of damage that could result from his negligence.

b.        Whether he had been previously warned against negligent behavior which contributed to the final accident.

c.        Pressure under which the worker had to make deci- sions which contributed to the accident.

d.        Possibility for the claimant to have avoided the acci- dent.

e.        Extent to which other responsible persons contrib- uted to the accident.

Historical Note

Former Rule number Misconduct 300. - 300.1. Former Rule repealed, new Section R6-3-51300 adopted effective January 24, 1977 (Supp. 77-1).