A prediction: What’s ahead for OSHA under Michaels
Dr. David Michaels, confirmed by the U.S. Senate on Dec. 3 to lead OSHA, has an ambitious agenda for the agency. Michaels, an epidemiologist and university professor associated with a public health group funded by plaintiffs’ attorneys, will have as his No. 2 Jordan Barab, a former union official and congressional staff member.
Dr. Michaels’ agenda for OSHA begins with increased emphasis on enforcement, a focus on health standards and a push for penalty increases. His agenda also includes expedited rulemaking procedures.
I expect OSHA to accelerate current rulemaking on beryllium, silica, cranes and derricks, hazard communication and combustible dust. I also expect OSHA to initiate a new rulemaking to mandate minimum standards for occupational safety and health programs. (This is where OSHA will try to dictate what your safety program contains and requires!) I also believe OSHA will attempt to increase sampling for airborne substances and continue its emphasis on investigating OSHA-required recordkeeping.
An indication of where OSHA is heading can be found in the recent history of fines the agency has imposed.
In addition to BP Products of North America receiving OSHA’s largest proposed penalties ever, totaling $87,430,000, OSHA has levied recent fines totaling over $7.91 million against 25 companies for violations of its standards. Companies and fine amounts are:
A-1 Excavating (WI), $861,000 (settled for $474,000)
All-Feed Processing and Packaging Inc. (IL) $518,520
Alon USA Energy, Inc (TX) $237,500
Americold Logistics LLC (MO) $117,000
Burrows Paper Corp (NY) $136,500
Cambria Contracting (NY) $484,000
CES Environmental Services (TX) $207,800
Cranesville Aggregate Co. (NY) $509,000
Dunbar Armored Industries, Inc., Dunbar Cash Vault Services and Coin Wrap Inc (CT) $112,300
Endrea Processing Ohio, LLC (OH) $473,000
Franklin Non-Ferrous Foundry (NH) $250,000
Frit Car Inc (AL) $364,350
Hiland Dairy Foods Co. (KS) $124,500
Industrial Pipe Fittings LLC (TX) $116,500
Loran Cook Co. (MO) $511,000
Los Amigos Tortilla Manufacturing Co. (GA) $231,600
Luckinbill, Inc. (OK) $142,800
Miami Stevedoring Services, Island Stevedoring LLC, Bemuth Agencies Inc. and Marine Diesel, Inc. (FL) $318,900
NuStar Asphalt Refining Co., LLC (NJ) $105,750
Pride Plating Inc. (OK) $209,000
Quinco Steel, Inc. (IL) $111,100
S.D. Warren Co. (ME) $136,000
Tempel Grain Elevators LLC (CO) $1.59 million
UCL, Inc. (OH) $321,000
Veolia ES Technical Solutions (OH) $109,000
3 Comments
Just my two cents. I think they have it all backwards. Instead of the Directorate of Enforcement Programs leading the charge in more citations, it should be more emphasis on small business with assistance through the Directorate of Cooperative and State Programs and training though the Directorate of Training and Education.
All the scalps above look good on the coup stick in making exciting OSHA headlines with the “new sheriff in town,” in contrast to addressing the problem through education. It was very odd at the recent OSHA ComDust ANPRM stakeholder meeting that there was no OSHA representation from Directorate of Cooperative and State Programs and Directorate of Training and Education. Educate instead of legislate, especially since the worst recession in over a half a century.
I wholeheartedly agree with John. I am an OSHA trainer and in my training of small business owners, I find that they WANT to provide training their employees and provide safe and healthful work environments. I teach them the “purpose clause” of the OSH act which says basically that the purpose of the Act is to provide for the general welfare of every working man and woman by “encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions.”
The Act goes on to say this should be accomplished, in part, by “providing for training programs to increase the number and competence of personnel engaged in the field of occupational safety and health.” I stress to then that OSHA wants to partner with them to help the to provide safe and healthful working conditions. They cite articles like this one to argue that all OSHA is interested in is finding nit picky “hazards” that they can fine employers for, while ignoring the help that these small business need in better educating themselves and their employees.
However, OSHA now seems to be headed more toward a citation based policy of disincentives that do nothing but further that notion of an adversarial relationship between OSHA and small business. The “beatings will continue until safety improves” attitude will NOT foster better relations between employers and employees to cooperatively work toward furthering safe and healthful working conditions that clearly benefit employers as much as employees. Training and assistance to small business would be a much more effective policy.
This will unfortunately never happen as long as the powerful lobbies like the trial lawyers, who stand to directly benefit by a disconnect between OSHA and small businesses continue to be able to use their lobbying muscle to direct policy that favor their special interests over the interests of the working men and women of this country.
I agree with both John’s. They seem to understand the situation much better than OSHA and Michaels.