OSHA’s shaming of innocent companies lives forever

OSHA citations come and go, but the agency’s news releases never die – even when they announce alleged violations at companies who are eventually found not to be in violation of OSHA regulations.

The barrage of news releases the agency issues each month announcing enforcement actions are part of a strategy of deterrence that OSHA Assistant Secretary of Labor David Michaels is happy to describe. Michaels has said he views the shaming news releases as a cost-effective way to increase enforcement without hiring additional inspectors.

The problem is that the press releases are issued when OSHA alleges violations and proposes fines against a company, not when the cases are resolved. In my opinion, however, after the news release is issued the company is viewed by its industry peers as being in violation of OSHA regulations. (What happened to innocent until proven guilty?) So a company’s reputation can be hurt, and is hurt in many instances, over allegations of violations that are unproven.

A case in point

AK Steel’s Butler, Pa, manufacturing facility is just one example of a company where a news release was issued, in this case alleging that the company failed to record outcomes indicating hearing hazards for workers.

In June 2011, OSHA cited AK Steel for willful violations that addressed the company’s failure from 2007 to 2010 to record standard threshold shifts on the OSHA 300 log. OSHA news release defined a willful violation as one committed with plain indifference to, or intentional disregard, for employee safety and health.

In my opinion, however, AK Steel is one of the safest steel manufacturing companies in the world and has an undisputed reputation for safe operations.

AK Steel chose to contest the violations and all were ultimately dismissed by an Occupational Safety and Review Commission judge. OSHA, however, did not throw out the original press release. It lives on the agency’s website – never updated.

It’s how OSHA does it

This is OSHA’s standard operating procedure. You will be hard pressed to find an updated press release on its website. Don’t get me wrong: Companies that endanger worker health and safety ought to be cited. But it’s time for OSHA to start playing fair.

Companies are not guilty until proven innocent. OSHA ought to be willing to take a dose of its own medicine. If OSHA issues incorrect citations/violations the mistake ought to be made public. OSHA could easily update its original release with the news, for example, that violations have been dismissed.That way the public could get the rest of the story.

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