Archive for the ‘Safety’ Category

OSHA Gets a Bigger Stick

On August 2, 2016, OSHA’s maximum penalties will increase by 78%. The penalty hike is the result of an interim final rule issued by the U.S. Department of Labor. The increase is intended to bring OSHA penalties, which have not been raised since 1990, in line with inflation.

Under the rule, serious and other than serious violations will now be capped at $12,471 per violation, rather than $7,000. Failure to abate violations, which are calculated on a per day basis, will receive an identical increase—$7,000 to $12,471. The cap on substantial penalties for repeated and willful violations increases from $70,000 per violation to $124,709.

These changes become effective for all citations beginning August 2, 2016. No matter when the violation occurred or when the investigation began, all OSHA penalties after August 1, 2016 will be calculated according to these new maximums.

OSHA’s 2015 Field Operations Manual remains the latest guidance as to how it determines an appropriate fine for violations. The primary consideration in determining penalty amounts is the “gravity of the violation,” which is determined by examining the severity of the injury that could have resulted from a violation, along with the probability that an injury could have occurred. It also allows for reductions in penalties depending on the employer’s size, whether the employer lacks a history of violations, and whether the employer was acting in good faith (i.e., wasn’t purposefully breaking the rules and had an effective safety and health management system in place).

Of course, the cheapest OSHA fine is the one never issued. Having a safety program in place and making sure that employees receive regular training on best safety practices is advisable. Companies should strive to create a culture in which safety always comes first—the increase in OSHA penalties is just one more reason why.

Violation Type Old Max Penalty New Max After August 1
Other than Serious $7,000 $12,471
Serious $7,000 $12,471
Failure to Abate $7,000 a day $12,471 a day
Repeat $70,000 $124,709
Willful $70,000 $124,709

What’s Happening Now . . .

  • The U.S. Economy grew at 1.2% for the second quarter of 2016.
  • Growth hasn’t topped 2% since the second quarter of 2015.
  • The second estimate for the second quarter will be released August 26, 2016.
  • In 2013 and 2014, quarterly growth exceeded 2% in 6 of 8 quarters.

Source: BEA, U.S. Dept. of Commerce, News Release, Nat. Income and Product Accounts  (July 29, 2016).

Newsletter written by Jeffrey C. Bright, Esq., an attorney licensed in Pennsylvania and Maryland.  For more information, contact an attorney at Harmon & Davies, P.C.

This Newsletter is not legal advice.  Unlike this Newsletter, legal advice is specifically tailored to the facts, law, and objectives unique to each circumstance.

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Earlier this year OSHA fined two construction companies over $115,000 following a crane accident that killed one worker and seriously injured another.  The construction companies were working on a bridge when the decedent was struck by the boom of a crane that overturned.  Another worker was seriously injured when he was ejected from the crane cab.

OSHA fined the construction company in charge of operating the crane $105,000 for one willful violation and five serious violations for allegedly failing to train workers regarding their roles and on ways to use signaling methods.  The company also allegedly failed to attach the crane to the proper barge and failed to implement or meet minimum requirements of a critical lift plan, including designating a lift conductor and organizing lift preparation meetings.

OSHA had inspected the company five times since 2009 and following the latest incident OSHA was placing the company on the Severe Violator Enforcement Program, which focuses on employers with willful, repeat, or failure-to-abate violations.

The other company provided manpower for erecting girders on the project.  It was fined $13,200 for four serious violations including:  failing to develop an effective safety program, faling to conduct competent and qualified trainand failing to comply with crane operating standards.

The construction law attorneys at Harmon & Davies are here to assist contractors with developing effective safety programs and with contesting OSHA citations.  Above all, we care about our construction clients and we can’t emphasize enough how important it is for them to have the proper safety procedures in place to protect their workforce.

This article is authored by attorney Shannon O. Young and is intended for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice. Any particular questions should be directed to your legal counsel or, if you do not have one, please feel free to contact us.

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A Canonsburg, Pennsylvania based painting contractor faces nearly half a million dollars in proposed OSHA penalties for alleged safety violations at three of its projects.  The large citation includes 38 alleged violations, including 14 willful and 11 repeat violations at worksites in Slatington, Harrisburg, and Slatedale, Pennsylvania.

The alleged willful violations include failing to properly protect workers from lead exposure and failing to provide fall protection.  The repeat violations relate to employee exposure to lead above the permissible exposure level, a lack of warning signs posted in lead work areas, failure to ensure workers showered at the end of each shift, and failure to provide medical evaluations and fit tests for respirator users.

Additional alleged violations include:

  1. Failure to notify employees of the results of lead monitoring;
  2. Failure to provide employees with initial medical surveillance for lead;
  3. Failure to provide periodic blood tests for employees exposed to lead;
  4. Allowing workers to have or consume food in an area where lead exposure was above the permissible level;
  5. Failing to notify employees in writing of blood lead test results within five days;
  6. A lack of guarding on electrical wiring to prevent accidental contact; and
  7. Failure to ensure that workers wore respirators while blasting with glass media or when exposed to lead in excess of permissible limits.

 

The cited company has been under OSHA’s scrutiny for the past several years, having been inspected five times in the past five years with four of the inspections resulting in citations for serious violations.  As a result of the painting contractor’s alleged refusal to correct hazards, it has been placed on OSHA’s Severe Violator Enforcement Program, which requires targeted follow-up inspections to ensure compliance with OSHA regulations.

This article is authored by attorney Shannon O. Young and is intended for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice. Any particular questions should be directed to your legal counsel or, if you do not have one, please feel free to contact us.

 

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The outcome of a four-month long OSHA construction safety enforcement program, covering Delaware, Pennsylvania, West Virginia and Washington D.C., is alarming.  A whopping 59% of the 545 no-notice inspections revealed violations of OSHA regulations.  The most cited violations were fall hazards for workers on roofs, improperly constructed scaffolds, and inadequate protections from trench collapses.

With violations being found at 59% of the inspected sites, employers in the construction industry need to do more to emphasize and enforce safety procedures.  As I have stated in previous blogs, while employee safety should be a top priority and the number one reason for abiding by OSHA regulations, on a secondary level, OSHA citations can be financially devastating to contractors.  In sum, the results of OSHA’s campaign is a reminder that Employers should be ever vigilant with their safety efforts.

This article is authored by attorney Shannon O. Young and is intended for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice. Any particular questions should be directed to your legal counsel or, if you do not have one, please feel free to contact us.

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Contractors, Would a Jury View You As Ignoring Safety?

In what is the second largest verdict of its kind nationally, an Illinois jury in the matter of Bayer v. Punduit Corp. awarded an ironworker $64 million after it found a general contractor to be 80% responsible for the spinal and brain injuries that the ironworker sustained after he fell from a steel beam.  The other 20% of the responsibility for the accident was attributed to the injured worker.

The attorneys for the injured worker argued that the general contractor maintained an unsafe jobsite in violation of OSHA regulations, ANSI safety standards, and internal safety rules.  During trial, the injured worker’s attorneys presented strong evidence that the general contractor ignored state and federal construction safety standards.  As a result, the jury agreed that the general contractor had failed to develop and implement the required jobsite safety plan and therefore was liable for the worker’s injuries.

The attorneys for the general contractor intend to appeal the jury verdict on the grounds that the worker was largely, if not completely, responsible for his injuries because he breached fall protection protocols by unhooking his lanyard and climbing out of a man lift basket onto the structural steel from which he fell.

Lesson for Contractors:  Regardless of whether the general contractor appeals, an important lesson for contractors to think about is how a jury may view your implementation and enforcement of safety standards.  In the Bayer case there was strong evidence that the general contractor ignored state and federal construction safety standards.  Could the same be said about your company?  Of course, the foremost reason for complying with safety standards is to protect your workers, but on a secondary level, contractors should be aware that if they don’t implement and enforce strong safety measures, such a failure is unlikely to sit well with jurors.

This article is authored by attorney Shannon O. Young and is intended for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice. Any particular questions should be directed to your legal counsel or, if you do not have one, please feel free to contact us.

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