OSH bill would increase penalties, expand coverage

Advocates of ramped-up enforcement are pushing again to revise the Occupational Safety and Health Act, with a goal of increasing penalties and widening OSHA’s jurisdiction.

The bill, introduced late last month in the Senate, would:

• Increase the maximum penalty for “repeat” and “willful” violations from $70,000 to more than $100,000.
• Expanding criminal liability to make willful violations causing death or serious bodily injury a felony rather than a misdemeanor.
• Place all federal and state government employees, and some local government employees, under OSHA’s jurisdiction.
• Create new liabilities for “site-controlling” employers at multi-employer worksites.

An article by Pat Miller and Matt Morrison at the Sherman & Howard law firm provides more details. The article notes that the Senate bill is a revived version of the Protecting America’s Workers Act, or PAWA for short, which failed to be passed in 2009 and 2011.

“Given the current composition of the U.S. House of Representatives, passage of the PAWA – at least in its present form – is unlikely,” the Sherman & Howard article says.

“However, if passed, the PAWA will significantly alter the OSHA landscape for public and private employers. Even a substantially revised and weakened PAWA could make important modifications to the OSH Act.”