Relator argues that violations of a safety rule designed to protect employees should not, under ordinary circumstances, constitute misconduct for the purposes of Minn. Stat. We cannot agree with relator. An employer has a right to expect an employee to abide by reasonable policies and procedures. See McGowan v. Executive Express Transp. An employer has the right to expect its safety rules will be followed by an employee.
Employers have a legitimate interest in the safety and protection of their employees.
The failure to adhere to an employer's safety rules and procedures by an employee can constitute employee misconduct under Tilseth . That is what the Commissioner's representative concluded, and we do not disturb that conclusion on appeal. Relator argues there is no evidence that he placed the tape on the safety switch. Relator states that the tape had been there for nearly three years. Even assuming the testimony of relator to be true, the evidence shows that he violated Leaders's safety rules by operating the machine with the safety switch disabled.