OSHA violations: Time for ‘creative sentencing?’
November 15, 2010 by Fred HosierPosted in: enforcement, Fatality, Injuries, Special Report, What do you think?, Who Got Fined and Why?
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Democrats in Congress and the Obama administration want to increase OSHA fines as a deterrent so companies don’t skimp on safety. Republicans, who will control the U.S. House in January, say it’s big government trying to get bigger. Should the U.S. look north for a compromise?
Alberta Province in Canada has been using “creative sentencing” for workplace safety violations that involve injury or death since 2002.
Under the law, the company and OH&S officials enter a joint sentencing agreement without a court trial.
The company agrees to pay fines, but instead of the money going entirely to the government’s general fund, only a small portion does. The rest goes to charitable groups that support programs designed to prevent workplace injuries and deaths.
Example: An explosion injures two workers. The company agrees to pay $10,000, which will be divided among three local high schools that provide a workplace safety course.
Creative sentencing has advocates in diverse places.
Former Alberta prosecutor David Myrol says communities benefit because the money goes to organizations trying to improve safety and health.
Threads of Life, a support group for families of workers killed on the job, also supports creative sentencing.
And industry group, Manufacturers’ Health and Safety Association, is in favor of the system as a way to save lives.
No system is perfect
Alberta’s creative sentencing program hasn’t been without its bumps.
A series of articles by the Calgary Herald pointed out that the province lacked a formal process to make sure the groups got the money from the companies.
About 14% of companies hadn’t paid the settlements, according to the newspaper, which estimated that at least $1.7 million in fines haven’t been paid.
And while some victims’ families have praised the system, others haven’t been pleased because they say they weren’t consulted on where the money should go. Sometimes, the destination for the fine has been agreed upon by prosecutors and companies, and the result ends up looking like companies voluntarily gave “donations” to a nonprofit, school or hospital burn unit.
But government officials say those problems are about to be fixed.
Now, prosecutors are required to consult with family members on how the money should be spent.
And officials have started to take on companies that haven’t paid up to court.
The Alberta government is going after Steve’s Oilfield Services Ltd.
Officials allege the company failed to pay a $95,000 creative sentence fine from 2007 in connection to a worker injury four years earlier.
Would it work here?
With potential gridlock on workplace safety issues possible in the next two years in Washington, DC, creative sentencing would pose an interesting compromise in the U.S.
Penalties against companies could be increased to provide a greater incentive to follow OSHA regulations.
The vast majority of the money would not go into the U.S. Treasury’s general fund where it might or might not be used to improve workplace safety. Instead, it would go to organizations that promote safety.
Would you support similar creative sentencing for workplace incidents in the U.S. that cause serious injury or death? Let us know what you think in the Comments Box below.
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Tags: Alberta, Congress, creative sentencing, Manufacturers' Health and Safety Association, Obama administration, Threads of Life
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November 15th, 2010 at 9:10 am
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November 16th, 2010 at 12:11 am
I think that it would be a better idea to give the fines to groups that further safety education rather than to give it to the govwernment to spend on prok barrel projects. They need also to track the money and see that the companies pay the fines.
November 16th, 2010 at 8:58 am
Although creative sentencing could be a positive step towards compliance, active/aggressive compliance assistance should be the major component of any program moving forward.
Small businesses (realistically 75 or less) have a hard enough time wading through the convoluted regulations to determine what actually needs to be done and making improvements in a cost affective, timely manner. If the focus was on assistance, and not fines, with a fund setup for low to no interest loans for compliance improvements, the work force would be better protected.
Help us become compliant, don’t fine us for not being able to spend more than last years profit, just to hire someone that can tell me what I need to do to be compliant.
November 16th, 2010 at 9:11 am
I think it’s a good idea to get the money out of government hands. It would be interesting to see OSHA’s attitude when there is no money in it for them. Let victim’s families decide where the money goes. And don’t let companies write it off as a donation. But, I’ve already asked my Senator to get rid of OSHA and the EPA and if necessary replace them with organizations that have American business’s best interests at heart. Like the NTSB. No power to enforce or punish. Just investigate and recommend. Remove their power and the money. They might actually become useful.
November 16th, 2010 at 9:14 am
It is and this shows it companies do not want to pay anything for thier mistakes. No matter how you go about it some companies just do not get it, fines are a drop in the bucket for these type of companies. As in other countries make the owners, CEOs responsible for the actions within their companies. You see this everyday from Government right down to the lowest paid employee in a company, no one wants to take the responsiblitiy for the out come of a mistake, oversite or negilence. Until responiblity is placed on the person in control there will always be deaths and injuries with in the work force.
November 16th, 2010 at 9:43 am
I could be persuaded to go along with a similar policy, but it would depend on the actual dispersment of the fine. I would not mind seeing a plan where the governments gets nothing. What kind of crap is it anyway that the fines go into a general fund for the government. Bull$#@*!
Any way the government can suck more out of the people or businesses, they will. That is the real reason behind larger fines - more money for the feds!
Show me a plan where the affected family gets at least half the fine. And, instead of punishing companies that can ill afford imposed fines, enforce a policy where companies have to spend the fine on their own safety improvement. That sure sounds like a more encouraging way to affect safety for the good. With the system as it is - government imposes two fines on companies - the penalty, and then the money they have to spend again for the proper safety compliance.
Most companies don’t allot for a safety budget simply because it is a drain on needed funds. So if a company is fined, let them spend (or force them to spend), at least, some of the money on there own safety needs.
I have several ideas where the fines could be distributed, so like I said; it would depend on the distribution of fines; just please - don’t let the feds benefit from it.
November 16th, 2010 at 10:05 am
More or more strict regulations not enforced is certainly not the answer. Bigger goverment too, is not the answer and in fact is the problem in my opinion.
Stop creating jobs by enacting un-enforcable laws. Write and enforce sensible laws and put the fines to use solving the problems.
November 16th, 2010 at 10:17 am
It sounds like a good idea. In the U.S. fines, service fees, and other specific purpose collections-all the way up to Social Security-go into the general fund so that lawmakers don’t have raise taxes to pay for their other programs. That whole process needs to change.
November 16th, 2010 at 11:52 am
Until those who violate the rules are held responsible for their actions we will not be able to have a safe work place. when rules are put in place and an employee does something stupid he should be held accountable, not the employer. There are some employers that violate the codes but for many it is the employee. We need to throw out the rule of deep pockets and start placing the burden on those who violate the rules.
November 16th, 2010 at 1:03 pm
Sounds like a good idea-like everyone else I don’t like the idea of the government profiting on proceeds, however Wayne’s suggestion that at least part of the fine is used to improve saftey programs in the company sounds great. The cost are high for safety programs and you judge sucess by the lack of injury numbers instead of increased productivity numbers.
November 16th, 2010 at 2:11 pm
One good thing - maybe the only good thing - about a fine is it’s paid and it’s done with. If you have a system where “fines” are used for in-house safety improvements or paid to victim’s families or to some charitable organization, then you will need a whole other layer of auditing. Someone from the fed will have to come in and make sure the offending business paid their bucks where it was supposed to be paid. Is that what we want? Or maybe that’s just an added problem justly tacked on to the punishment; sort of like salt in the wound.
November 16th, 2010 at 3:22 pm
Big Goverment? Get rid of OSHA, EPA. Let companies police themselfs. Don’t worry about the fines or the employee getting hurt or killed. If you get caught you only need to spend the money on what you should have spent the money on to begin with. I really can’t believe what I hear. Why don’t we get rid of the police, Military and the fire department also. The criminals, arsons and terrorists will police themselfs. Please quit with the “IT’s Big Goverment” line for everything. If all companies took care of their employees this would be a mute issue. But as long as there are Human beings on this planet there will be those that will take advantage of others.
November 16th, 2010 at 5:39 pm
We have to get real…. real about human nature. Why do you think that we have to keep on creating more and more rules? Why do you think we need to make our current rules even stricter? It is simple… human nature…. If you have ever taken a psychology course maybe you remember that one of the last stages in achieving ethical behavior is the one that almost nobody achieves… why? Because most people never develop enough ethics, sense of what is right and the desire to do right etc… Just because. Unfortunately most people need to know that there is a consequence for their actions and that they are monitored enough where there is a good probability of being caught and having to face those consequences if they don’t act right. Do you think that companies are any different that simple human beings? They are worst because when people get together to rationalize an unethical behavior is simply easier to be unethical… At least at that point the responsibility does not land on a particular person it was a group decision!
Yes we need laws, yes we need OSHA, and as far as I am concerned until we get our act together and can show otherwise we need big government to protect those who can not protect themselves because they have to fight against a big company with lawyers and ways to manipulate the system.
Yes there are people who do not follow the rules, yes it cost money to implement safety programs… but that is as real as it is that most humans are just not ethical…. SADLY
November 17th, 2010 at 8:21 am
I can’t figure out where Keith’s comments are coming from. He either works for OSHA or EPA or doesn’t have a clue.
Most of my waking hours both paid and volunteer are spent on the safety of other people. And just coincidentally I am a firefighter and have served as a Chief Officer so I know a bit about that too. No we shouldn’t get rid of the police, firefighters, OSHA or anyone else. If you know a bit you know that OSHA has historically been terribly effective at minimizing on the job injuries and deaths. That does not mean we are doing everything right!
Why doesn’t someone who is in the know publish the amount of money is generated from OSHA fines, and then also publish what, exactly that money is used for. If it simply goes into the government general fund what has been accomplished?
November 17th, 2010 at 10:44 am
As far as I know, OSHA fine monies go to the general coffers.
I saw a story out of China a couple months back where a mine owner was forced to go work in his mine after a rash of safety incidents. He was told to fix things, did not, and as a result was sentenced to work in that very mine he deemed was ‘safe enough’ and ‘didn’t need any safety improvments’.
Fines for larger companies do not always have enough impact to warrant changes. Creative sentencing is needed for these type of business owners.
November 17th, 2010 at 5:10 pm
I’ve been doing this for thirty five years and 15 of those years in Federal OSHA and believe me there is no, none, zippo, talk about employee safety when you work in the agency except when the Area Director wants to make a point or maybe in a conference type setting. It’s all about getting the numbers, doing inspections, and bring in the money. A good Willful case over a 100,000.00 would get you a day off with pay….what a joke.
I’ve worked both sides of the fence and believe me the problem is in the private sector companies do try and try hard to comply and do the right thing. Sometimes things don’t quite work out the proper way but you try. A company I’m working with now was cited in one instance for being 9 inches off on a trench requiring shoring, shielding, or sloping. The contractor wasn’t aware they had dropped 9 inches from the previous several pieces of pipe. Is this a Serious Citation? According to the cowboys running around in OSHA it was.
One office in my region has went from 12 to 26 inspectors. all new and young foaming at the mouth to make a name for themselves at an employers cost. When I was with OSHA you know who the bad actors are and deal with them accordingly. Those who try and make some mistakes should be dealt with some compassion and appreciation for trying to do the job safely and without incidence.
Believe me citations have a terrible affect on a company and in their ability to bid projects. LWDI rates can keep you off the bid list and so can just your Injury and Illness Rate. It’s bad enough to try and keep injuries off the 300 Log without OSHA hiding behind a tree trying to get a photo of you making a mistake. Big fines? Helps no one but the government. Revenue. That’s all they care about. Go ahead and try to pass the money out to chaities and see what happens. Obama want revenue and that’s the only reason they want the fines higher.
Here is another gripe of mine. Too many safety people pushing all the time for more rules and regulations. Example. In my day just a cheap vest was good when you worked on or near the roadway. Too many accidents…..orange vests 360 degree coverage. Still too many accidents..Ok lets use lime green vests and no more orange vests. Still too many accidents. Ok…..lime green with orange on them… still too many….orange hats and vests. Still too many accidents….ok lights on the front and back of the hard hat…..not good enough. lime green pants. My God. You can regulate your fricking head off and still safety people say too many accidents. Need a commission, no how about a fact finding committee and make more regualtions. After 35 years you think MY GOD people….come up with some of your own ideas and quit making new regulations. A good safety person would have already remedied this problem without all the federal and state regualtions. You can’t and will not be able to always say one accident is too many. Whatever. Never happen. Let’s build a robot to do everything and make total wimps out of the American men and woman. No wait. How about a 100% fall protection when over 3 inches above the surrounding surface. Enough already.
November 18th, 2010 at 8:59 am
For me, paragraph 1 of Mr. Safety’s post says it all.