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OSHA penalties double, but are workplaces safer?
By Jim Stanley
President, FDRsafety
OSHA has made good on its pledge to increase penalties, with comments from the head of the agency foreshadowing more to come. But a very real question still remains: will this approach reduce injuries and illnesses in America's workplaces? OSHA statistics (federal states) show that the average proposed penalty for a serious violation doubled from $1,053 in 2010 to $2,132 in 2011. Even with that increase, Dr. David Michaels, Assistant Secretary of Labor for OSHA, has said that penalties are too low when compared with other regulatory agencies.
Rod Smith and Pat Miller of the Sherman & Howard law firm stated in a recent article that "employers can expect even higher penalties in 2012 and beyond," a forecast I agree with.
Whether this will contribute to reduced injuries and illnesses, in my opinion, is very questionable. Federal statistics show that injuries and illnesses in private industry have been on a steady decline for many years. The trend did not change when the Obama Administration began its campaign to dramatically increase enforcement.
The "New" OSHA has taken a number of steps that have resulted in these increased penalties. The agency has: - Implemented new guidelines that forced higher proposed penalties and allowed fewer penalty reductions for employer size, good faith or history of prior violations. OSHA Area Offices are not normally allowed to grant penalty discounts of more than 30% during an informal settlement conference.
- Issued more "significant" citations in 2011 (where the proposed fines are $100,000 or more) than in prior years. Some "mega-penalty" citations have exceeded $1 million in 2011.
- Become more aggressive in the issuance of "repeat" citations, which may carry a $70,000 maximum penalty. A repeat violation is one where the employer has been cited for the same or similar violation of a standard before. Under OSHA's new penalty guidelines, OSHA now looks back five years (instead of three) to determine whether a violation should be classified as repeat.
- Picked up the pace of inspections and citations issued under National Emphasis Programs. This policy has resulted in more citations/violations and higher penalties. The violations cited under these programs usually carry higher penalties that are often at the maximum, $7,000.
These federal statistics underscore the importance of having a strong safety program in place, which, of course, serves not just to prevent OSHA citations but to actually create a safer work environment. Employers also ought to prepare for an OSHA inspection before it ever happens. For advice on how to do that, see our article "How to meet the challenge of greatly increased OSHA enforcement." Jim Stanley is a former deputy assistant secretary of labor for OSHA. He may be contacted at jstanley@fdrsafety.com or 513-317-5644. |
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FDRsafety launches pipeline environmental inspection and consultation service
FDRsafety is proud to announce the launch of a pipeline environmental inspection service that can assist pipeline owners and contractors in constructing their projects. This new service complements our existing safety services, including our focus on pipeline safety. We can provide environmental inspection and consultation for: - Natural gas/oil and product pipelines
- Electric and transmission systems
- Alternative energy projects
- Preliminary surveying including, but not limited to, biological surveys, archaeological surveys, and wetland delineation
- Preliminary plan and development, final environmental impact statements and permitting applications
Our team is headed by Jackie Padgett, whose long experience in the pipeline industry has included leading roles on some of the largest projects in the past 10 years, which include the Rockies Express Pipeline Project West and East, and the El Paso Gas Ruby Pipeline Project. FDRsafety can also provide agricultural specialists who have spent many years in conservation offices; wetland and water body specialists who have spent years studying and applying 401 and 404 stipulations; and other professionals who have been a part of major spill response teams. Our environmental and safety teams work to assist owners and contractors in resolving difficult environmental and safety issues. For more information: info@FDRsafety.com or 1-888-755-8010 |
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Franklin, TN 37067888-755-8010
info@FDRsafety.com Our services include:Training OSHA compliance consultation Temporary Safety Staffing Recruiting and PlacementTransportation SafetyExpert witnessesMotivational speakers
ABOUT FDRsafetyAt the heart of FDRsafety is this simple idea: Extensive expertise and experience bring the best results. FDRsafety is led by two nationally recognized, long-time leaders in safety: Fred Rine and Jim Stanley. Each has decades of experience improving occupational safety and health performance at companies of all sizes, including complex multi-billion dollar, multinational organizations. FDRsafety can meet your needs for a wide range of safety and health services, including training, OSHA compliance, safety staffing and expert witnesses. Contact us to learn how we can help you reduce accidents, meet federal, state and local legal requirements, reduce costs, and most importantly, protect your greatest assets - your employees.
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