|
MANAGEMENT
MOXIE Nimble News
AN OUNCE OF PREVENTION
OSHA and the Increasing Cost of Non-Compliance
All employers in the United States must comply with the so-called "General Duty Clause" of the Occupational Safety and Health Act. The clause reads:
Each employer - (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this Act.
OSHA conducted about 39,000 annual inspections of businesses during the Bush administration, and typically issued about 86,000 annual violations. Under the Obama administration, those numbers will increase. Therefore, employers need to be ever more vigilant in their efforts to prevent workplaces accidents.
Foley & Foley, P.C., in conjunction with Murray & McDonald Insurance,
is conducting a seminar on January 13, 2010 that concerns the proper investigation
of work related accidents. View details
for that seminar. We
welcome any of you who wish to obtain information about investigation techniques
and proper insurance for work related accidents to attend this free seminar.
This past summer, Senator Kennedy reintroduced the Protecting America's Workers
Act ("PAWA") for consideration by the Senate. That bill, which is currently under
committee review, will amend OSHA by expanding its coverage, increasing whistleblower
protections, and enhancing employer penalties for violations. If passed, the
bill will, among other things, increase civil penalties for OSH violations and
permit felony charges for repeat and willful violations resulting in death or
serious injury. The current maximum penalty is $70,000.00 per violation and the
current minimum penalty is $5,000.00 per violation. Under the proposed PAWA,
the maximum penalty per violation (for non-fatal injuries) will increase to $120,000.00
and the minimum will rise to $8,000.00. Also, PAWA will add a provision for a
penalty range of $50,000.00 to $250,000.00 for willful or repeat violations resulting
in death.
Employers have the right to contest OSHA citations and/or penalties before OSHA's
Review Commission, and can sometimes negotiate a reduced fine. Therefore, if
your business is cited by OSHA, you should seek professional assistance to contest
the citation.
If one of your employees has an accident, you need to be aware that OSHA requires recording and reporting by employers under certain circumstances. All employers are required to report all workplace fatalities or any accident that involves the hospitalization of three (3) or more employees to OSHA. If an employer is classified in a specific low hazard retail, service, finance, insurance or real estate industry, and if the accident is not fatal or does not involve three or more employees, then the employer does not need to keep OSHA injury and illness records and does not report the accident, unless the Government specifically asks the employer to keep those records. If a company had ten (10) or fewer employees at all times during the last calendar year, and if the accident is not fatal or does not involve three or more employees, then that employer is not required to report the accident to OSHA. All other employers, including those classified in construction, manufacturing, transportation, electric, gas, communication, sanitary services, agriculture, wholesale trade, and mining, must comply with all reporting requirements. Contact us if you are unsure whether you are required to report and record workplace injuries or illnesses.
All Massachusetts employers are required to post the Federal OSHA poster to provide
their employees with information on their safety and health rights. Posters are
available online at the United States Department of Labor's website.
Foley & Foley, P.C., is also available to assist employees with questions regarding
OSHA and the implementation of an appropriate Safety and Health Protection Plan.
We can help.
|
