But while OSHA has the pedal to the metal, it doesn’t want hell-for-leather motorists doing the same thing — at least not where workers could be endangered as a result.

A road and bridge construction company in Miami found that out the hard way. When workers closed off a lane on a major Florida highway, they posted a new and reduced speed limit sign.

Only problem: They didn’t remove or cover the existing speed limit sign.

It seems doubtful that motorists figured they could choose between the two posted speed limits, but OSHA wasn’t having it. Calling it a “blatant disregard for the safety and health of workers” and a “willful violation,” OSHA slapped the company with a $63,000 fine.

And the case hasn’t been settled.

The fact that the appeal is dragging on is significant.  But how it turns out may be even more significant.

When the fine was announced, company CEO John Sheptor said he hoped the whole thing would be settled “in a few weeks,” according to an article in the Augusta (Ga.) Chronicle.

In the same article, plantiffs lawyer Mark Tate explains why that hasn’t happened: “(OSHA’s) pressing its case as doggedly as private lawyers would. Proposed OSHA fines used to get settled for pennies on the dollar. But not this time.”

This chart, posted by probublica.org, lends credence to the “pennies on the dollar” comment. Many of OSHA’s largest proposed fines eventually withered into small fractions of their original figures.

Does this mean OSHA is now overreaching? Or is developing a bite that matches its bark long overdue? Let us know what you think in the Comment Box below.

Sure, OSHA has been more “business-friendly” in the last eight years. But it hasn’t been a paper tiger. New statistics on the agency’s citations and penalties for fiscal year 2008 show just the opposite. And with a new administration in January, OSHA is set to issue even more fines.

What’s tripping up companies when OSHA inspectors visit?

These are the top 10 most frequently cited standards in fiscal year 2008 (Oct. 2007 through Sept. 2008):

1. Scaffolding, general requirements, construction (29 CFR 1926.451) [related topic page]
2. Fall protection, construction (29 CFR 1926.501) [related topics page]
3. Hazard communication standard, general industry (29 CFR 1910.1200) [related topic page]
4. Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147) [related topic page]
5. Respiratory protection, general industry (29 CFR 1910.134) [related topic page]
6. Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305) [related topic page]
7. Powered industrial trucks, general industry (29 CFR 1910.178) [related topic page]
8. Ladders, construction (29 CFR 1926.1053) [related topic page]
9. Machines, general requirements, general industry (29 CFR 1910.212) [related topics page]
10. Electrical systems design, general requirements, general industry (29 CFR 1910.303) [related topic page]

OSHA assessed the highest penalties for these standards in fiscal year 2008 (October 2007 through September 2008):

1. Fall protection, construction (29 CFR 1926.501) [related topics page]
2. Scaffolding, general requirements, construction (29 CFR 1926.451) [related topic page]
3. Electrical, hazardous (classified) locations (29 CFR 1910.307) [related topic page]
4. Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147) [related topic page]
5. Excavations, requirements for protective systems, construction (29 CFR 1926.652) [related topics page]
6. Machines, general requirements, general industry (29 CFR 1910.212) [related topics page]
7. General duty clause (Section 5(a)(1) of the OSH Act)
8. Powered industrial trucks, general industry (29 CFR 1910.178) [related topic page]
9. Walking-working surfaces, general requirements (29 CFR 1910.22) [related topic page]
10. Process safety management of highly hazardous chemicals (29 CFR 1910.119) [related topic page]

This information is for all types of industries combined in states where federal OSHA conducts safety inspections. You can search for most frequently cited violations in your industry or a state that has its own OSHA program here.

Natural gas seeping from pipes caused an explosion at a San Diego hotel construction site that injured a firefighter and 13 construction workers. Three of those injured required weeks of hospital care for critical burns, according to the Union-Tribune. The hotel’s fourth through seventh floors were destroyed in the explosion.

Cal-OSHA assigned most of the blame for the blast to Sherwood Mechanical, Inc., a plumbing and heating contractor. Sherwood faces fines of $67,500 for four serious violations:

• The company’s Code of Safe Practices didn’t address methods for testing concentrations of natural gas, procedures for purging gas line or methods to control operation of gas.
• Employees weren’t instructed on methods for testing natural gas concentrations, procedures for purging gas or methods to control access to valves and pipes.
• Piping being purged of air wasn’t vented outside from an enclosed space, and the vent wasn’t closed after air was purged.
• The company allowed natural gas to accumulate in a room to dangerous levels and failed to test the concentration of gas in the room.

A report says workers trying to flush air out of pipes feeding a hotel boiler inadvertently allowed natural gas to leak into a fifth-floor mechanical room.

After the gas built up in the room, any number of electrical installations could have been the ignition source, including light switches and lighting itself.

OSHA investigated M&B Metal Products in Leeds, AL, after a roof collapse at the manufacturing plant.

M&B faces 44 alleged safety and health violations

The willful violation for accumulation of explosive paper dust comes with a $44,000 fine. The company also faces another $117,950 for 42 serious violations, including exposing employees to struck-by, electrical and noise hazards. It was also cited for one other-than-serious violation.

Oak Mountain Construction Co., which was performing repairs on the roof support system when it collapsed, received two serious safety violations with $5,000 in penalties for exposing employees to fall hazards and not conducting inspections to identify fall and roof collapse hazards.

In March, OSHA reissued its Combustible Dust National Emphasis Program to increase enforcement within specific industries that have experienced frequent dust fires and explosions.

For more information about combustible dust safety from OSHA, click here.

With a new administration coming to the White House, it’s likely companies will see some changes from OSHA. Among the possibilities: higher fines for workplace fatalities and injuries.

President-elect Obama has supported the Protecting America’s Workers Act as a Senator.

The bill would increase OSHA penalties:

• maximums for serious and repeat violations would go from $7,000 to $10,000
• top fines for willful violations would increase to $100,000 from $70,000, and
• fines for workplace deaths would be a minimum of $50,000, a maximum of $250,000, and up to ten years in prison.

OSHA fines low by comparison

Elected officials who support increases in OSHA fines say they would act as a deterrent to companies that want to skimp on safety. While responsible companies, like yours, are paying for all the necessary safety tools to prevent injuries, other bad actors see an occasional employee injury as just the price of doing business because it’s cheaper that way.

Elected officials also argue that current fines aren’t enough of a deterrent. Some examples:

• Employee dies at railroad crossing, company fined $2,250
• Trench cave-in kills two employees: company fined $11,200, and
• Fatal electrocution: company fined $37,000.

Compare those fines to some issued by other federal agencies.

The Federal Communications Commission (FCC) can fine a TV or radio station up to $325,000 for indecent content.

In other words, having a potty mouth on TV can garner a fine that’s ten times worse than when a person dies or is seriously and/or permanently injured at work.

Environmental Protection Agency (EPA) fines for incidents in which no employees were injured or killed are also higher than OSHA fines. Some recent examples:

• Company dumps untreated hazardous wastes: Owner could face up to 15 years in prison and $750,000 if convicted
• Company fails to inspect its diesel fleet for compliance with smoke control rules: $114,000, and
• Mishandling hazardous waste and used batteries leads to $190,000 penalty for another firm.

So, we’d like to hear from you on this issue. We all know that some companies put their employees’ lives at risk every day by not taking proper safety precautions. Here’s the question: Should the federal government increase OSHA fines for deaths and serious injuries? Would this be a deterrent to companies that don’t pay enough attention to worker safety? You can let us know what you think by dropping us a note in the Comments Box below.

For more information on the Protecting America’s Workers Act, click here.