OSHA Listens, all day today
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The Occupational Health and Safety Administration (OSHA) is conducting its public hearing all day today. The "OSHA Listens" event is also available by webcast. Assistant Secretary Dr. David Michaels opened the event by decrying the 5,000 fatalities American workers suffer every year. He said OSHA is looking for ways to bring that number down because, "No one should have to be injured or killed for a paycheck." The sixty (60) people who asked to submit comments are divided into 13 panels. The first panel included family members of workers killed on the job. They belong to United Support and Memorial for Workplace Fatalities (USMWF). Employer groups were on the second panel. They generally called for OSHA to spend more money on compliance programs (like asking employers to be safer), and less on enforcement (that could result in fines against employers). I was struck by an answer from Stephen Sandherr of the Association of General Contractors. When Dr. Michaels asked what metrics OSHA should use to improve safety, Mr. Sandherr said employers should strive for a "culture of safety." Such a culture improves morale because workers know that management cares about them going home after every shift. It reminds me of the Nuclear Regulatory Commission's requirement for a "safety conscious work environment." Both require that workers have the freedom to raise concerns without fear of retaliation. OSHA may hear more about that when Panel 13 starts. Myself and Mr. Jason Zuckerman of The Employment Law Group are scheduled for this last panel. It was originally scheduled for 5:30 pm, but was set for 5:10 pm on this morning's program. It might start even sooner than that. My comments are posted in a prior blog entry.
Luzdary Giraldo of the New York COSH, and Tom O'Connor of National COSH both called for improving OSHA's whistleblower protections. Mr. O'Connor explained that enforcement programs do no good where workers are too afraid of retaliation to make a complaint. Here! Here!
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As a former OSHA official, retired, I am now assisting employers with OSHA Issues.
One standout element, important after a firm has been cited, is that many owners, CEO, Safety & Health Directors or HR personnel do not realize how important it is to attend the informal conference with accurate and detailed information to present.
I have reviewed several cases from 2008 where companies paid thousands of dollars in payment plans because there apparently was no informal conference or settlement with the OSHA office that issued the citations and penalties.
In discussions with many employers they state that they did not want to obtain an attorney, missed the conference dates or felt it was usless.
Imagine paying $56,000 or more on a payment plan or having a debt collection issue with OSHA.
Consider what that employer/company does with its pricing to regain the penalty money they paid in penalties. Increased prices to the consumer. Yes, I have been told that.(and they have a history of violations for years)
One suggestion is; OSHA could support a group of qualified former OSHA personnel to consult with management on the FIRM Contents as it relates to the procedures available to employers upon receipt of citations and penalties.
Not to conduct an assessment of the facility, but to advise factually on how they can achieve at least a fair settlement. If not satisfied, contest, and know what it takes to contest. Feedback to me from employers I have worked with were statements such as "gee, I did not realize" or "I felt they were fair"
Whenever I attend an informal conference with a client the atmosphere is pleasant and the OSHA officials feel that the company is committed to providing a safe and healthful workplace for its employees and visitors by working with a person that has given them accurate information and advice.
There are records of clients that I have assisted showing more than three years without an OSHA incident.
It could help both OSHA and Commerce