$150,000 fine for a worker killed on the job, but a $10 million fine for killing fish in the same incident. Unbelievable!  In the 40 years, that OSHA has been around, there has been only one increase in penalties.  David Michaels, Assistant Secretary for OSHA, tells Congress it’s time for change.  OSHA’s mandate is to protect workers, but their efforts are thwarted by some unscrupulous employers who find it cheaper to pay a small fine rather than make the required changes.

OSHA can only visit a small number of workplaces each year and a way is needed to ensure employers comply with safety.  Enhanced penalties will be an incentive for employers to “do the right thing”.

Federal civil penalty for a serious violation is $7000.  A serious violation is ones that pose a substantial probability of death or serious physical harm to workers.  In fact, if a worker is killed the maximum fine is $70,000.

In no way are these penalties putting a price on a worker’s life, but a deterrent to employers to ensure compliance.  The increase in penalties will bring OSHA into the 21st century and their penalties comparable to other government agencies. Some examples, the Department of Agriculture can fine up to $130,000 to a milk processor for willful violations and the Environmental Protection Agency can impose a penalty of $325,000 for Clean Air Act violations.

Do I think a penalty increase is a good thing?  Sometimes.  Good employers can be swept up with the bad ones.  Even though an employer is doing everything right, it is challenging to prove.  I know what you’re going to say, if there is a violation an employer is guilty and there are safeguards built in to protect them.  In my opinion the OSHA system is based on the concept of guilty until proven innocent and I have seen employers with a concern for their employee’s health and safety hit with some massive undeserved fines.  While they have been successful in proving their innocence, it is still time-consuming and expensive.

If penalty increase brings the bad apples to task and they start complying with OSHA regulations then I’m all for it. If it saves even one life, I’m all for it.  If it makes doing business for the good guys onerous and more expensive, then I’m against it.  I want OSHA to carry a big stick, let’s wait and see how they wield it.