OSHA has been playing the "shame game" ever since the Secretary of Labor announced there was a "new sheriff in town" - stepping up publicity about citations/violations in hopes that fear of the publicity would deter companies from violating safety regulations.

OSHA chief Dr. David Michaels has said he views the shaming-of-companies strategy as a cost-effective way to increase enforcement. It doesn't require the hiring of additional inspectors, just the fine tuning of the agency's PR machine. In my opinion, while this is one way to increase the coverage of OSHA inspections, it goes against the system of justice in the United States, which is built on due process.

Is it fair for OSHA to publish a list of companies that were issued citations under the Severe Violator Enforcement Program when some of those companies have filed their notice of contest and are in litigation with the agency?

None of the violations that are in contest have become final orders of the Occupational Safety and Health Review Commission, yet these contesting employers have been named severe violators of OSHA rules and regulations with no ability to remove their company names from the list.

Inclusion on the list is tantamount to guilt - no matter if the list includes some footnotes. If the citations/violations that caused the company to be on the list are ultimately withdrawn, or modified, or if the company wins its contest in front of the Occupational Safety and Health Review Commission can the damage caused by being named to "the list" be undone? In my opinion, the answer is clearly NO!.

What that amounts to is inflicting a "shame penalty" on companies without due process. Employers have the right to be considered innocent of alleged violations until they are proven guilty.

OSHA needs to deal with companies that willfully and intentionally expose their employees to serious hazards. But tinkering with due process is a very slippery slope.

Jim Stanley is President of FDRsafety and is a former Deputy Assistant Secretary of Labor for OSHA, the No. 2 job at the agency. Subscribe to Jim's blog about OSHA.

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FDRsafety can help with proven, cost-effective methods.

We offer a three-step approach to help leaders identify systemic issues and develop a custom approach to the organization's challenges:

1. We come onsite for 3-4 days, reviewing processes, procedures and data, and interviewing key personnel.
    
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Call FDRsafety Senior Advisor Mike Taubitz today at 1-888-755-8010 for more information or email us at  info@fdrsafety.com. Mike is former Global Director of Health and Safety for General Motors with deep experience in this type of assessment.

Paul Dillow

Paul Dillow, a highy experienced expert in planning and implementing company safety programs, has joined FDRsafety as a senior advisor.

Paul has previously been Safety Director for AK Steel's Ashland, Ky., facility and a member of the Safety Technology faculty at Marshall University in Huntington, W.Va.

Paul holds a Master's degree in Safety from Marshall and an undergraduate degree in Business Administration from Ohio University.  

He also maintains a Certified Safety Professional designation from the Board of Certified Safety Professionals.

Contact Paul at 1-888-755-8010 or info@fdrsafety.com.

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