Our Human Resources Blog

Over the past year, the Occupational Safety & Health Administration has implemented a variety of initiatives to increase enforcement. Recently a proposed revision to the OSHA Act has begun making its way through Congress and could reach the floor of the House by the end of the month.

Under this provision, prison terms of up to 10 years could be imposed on officers and directors of companies where a violation contributed to the death of an employee. (Currently the maximum sentence under the OSHA Act is 6 months)

In addition to the criminal penalties in the provision, there are several additional proposed enforcement changes in the bill that could radically alter the OSHA landscape for employers. These include:

• The maximum civil penalty for willful and repeated violations would increase from $70,000 to $120,000. If the violation resulted in a death, the maximum penalty could be $250,000.
• The maximum civil penalty for serious violations would increase from $7,000 to $12,000. However, if the serious violation resulted in a death, the maximum penalty could be $50,000.
• The maximum civil penalty for other-than-serious violations would also increase from $7,000 to $12,000.
• Protections for “whistleblower” employees would be significantly strengthened. This has a potential to severely inhibit employers’ ability to hold employees and managers accountable.
• Prison terms of up to five years could be imposed on any officer or director of a company that knowingly violates any OSHA standard, rule or order if that violation contributes to serious bodily harm to an employee.

With the tightening of OSHA enforcement it’s critically important for employers to review and improve the safety of their workplace. A few key items that employers should look at include:

Documentation- Review policies and documentation to make certain they are accurate and up to date.  

Training- Review all programs to ensure all required training is being conducted.

Analysis- Identify where accidents are happening, analyze the processes associated with the accidents and put corrective actions into place.

Creating a safer environment for your employees will not only ensure compliancy with OSHA but can also lead to a more productive workplace and enhance your company’s reputation.