So, most of you really don’t hate OSHA
June 24, 2010 by Fred HosierPosted in: In this week's e-newsletter, Latest News & Views, OSHA news, What do you think?
Recently, we received a comment from a reader who was tired of reading so much negativity about OSHA. So that led us to wonder: What do people in charge of safety at their companies really think about OSHA, especially given its new focus on enforcement?
And you told us: OSHA isn’t all that bad. In a poll posted on this website’s home page, 403 people responded to the question, “How do you view OSHA?” Your responses:
- 50% said OSHA is “good, but sometimes they go overboard”
- 28% called OSHA “a positive force”
- 17% said the agency is “a necessary evil,” and
- 5% said OSHA is “the bad guys.”
Only one in 20 responders chose the most negative view of OSHA. And we get comments from those of you who think OSHA is “the bad guys” in the comment sections on this website. Comments left recently say OSHA is just out to make money for the current administration and that the agency is making it too easy for employees to complain about conditions at their companies.
But almost eight out of ten responders (78% to be exact) give OSHA what amounts to a good grade.
And another one in five (17%) see OSHA’s worth, even if they don’t particularly care for the agency.
This more positive reaction to OSHA as a federal agency is particularly telling at this moment, when the agency is ramping up inspections, increasing fines, and preparing new regulations such as one requiring companies to have injury and illness prevention programs.
We always have a poll on our home page. It changes about once a week. It gives you, the reader, an opportunity to see what your peers at other companies are doing and thinking. Is there a question you’ve always wanted to ask other safety professionals? You can suggest a question for an upcoming poll in the Comments Box below.
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June 29th, 2010 at 6:38 am
It seems to me that if companies actually did everything they could to keep their workers safe, we wouldn’t need OSHA. Somehow I don’t see that happening in my lifetime. On the other hand, workers should be held accountable just as much as the companies they work for. OSHA should be able to fine the workers as well.
June 29th, 2010 at 7:41 pm
Mike, I agree that workers should be held accountable just as companies are. The company gets a fine for a respirator hanging on the side of a locker, but the worker it belongs to, doesn’t get even a slap on the hand. My workers think it’s a game and try to see if they can put the screws to management all the time. I don’t mind OSHA, but really they sometimes have inspectors that know very little about some aspects of their inspection, like machine guarding, etc. Lots of schooling, but no practical knowledge.
June 30th, 2010 at 9:40 am
Agree with Mike, Even OSHA says the workers are responsible to use mandated PPE and Safety Practices but frequently that is not done and the Organization is held accountable the scales are not balanced with this.
It teeters on the edge of encouraging sloppy safety practices……..
July 1st, 2010 at 8:30 am
Mike, I agree, but in the real world, it won’t happen to aweful soon.
OSHA sessions are a tricky ordeal. It is possible and upheld in the 9th Circuit Courty of Appeals; for the employer to build a case where the employee has “acted outside the control of the company”. OSHA will not take action against the employee but generally the employer is safe.
There are a few requirements to prove to OSHA for this to be successful, but the case has been made and can always be made if the employer has done what is required of its work force and your recordkeeping has to be spot on.
The case can be presented to OSHA at closing session and the Director who has the final say so on fines, etc. will take the case under advisement. If you have successfully proven with documentation that you (the employer) have done everything as defined by OSHA; you more than likely will be successful as well in avoiding penalty. OSHA is not that unreasonable; they know more than you think about how things can be in the work place. You simply have to manage your business.
July 2nd, 2010 at 11:25 am
Fine individual workers? Not a good idea. The company is, and should be, responsible for its employees. If an OSHA inspector finds that respirator hanging on the side of a locker, it’s a sign that management tolerates this behavior. Companies should be correcting unsafe behavior by example, empowerment, reinforcement and discipline.
The “fine” a worker faces is termination, a far more severe punishment than the company faces with OSHA fines. But that’s only if management is up to the challenge of managing.
July 6th, 2010 at 8:42 am
No. No. No. Fining individual workers, only goes to prove that the company does not have an accountability system to ensure workers complete their work in a safe manner or their is a broader issue, i.e., poor hiring practices. training inadequate, etc.
July 6th, 2010 at 9:12 am
There was a time in the not too distant past when I viewed OSHA as a partner in safety. I would feel good about calling OSHA with a problem and solving the problem together over the phone. Unfortunately, OSHA has become a power hungry, extortionist organization. They are not interested in anything but fines..fines..and more fines. It’s sad that they have lowered themselves to an organization comprised of agents who are accountable to nobody and have a tremendous amount of enforcement inconsistancies within their own agency. The employer is at the mercy of the agent and what his/her mood might be on a given day. Even when Wahington issue a letter of interpretation in favor of a company that was cited they say sorry the fine has been paid and we can’t give it back. As a life long safety professional it sickens me to see what OSHA has become.
July 6th, 2010 at 11:26 am
I have read a lot interesting dialogue. I assume that most of the comments come from personal experience. Some bad, some good. I am in a State program and for the most part my experience has been positive. Lets be honest here folks. There is no such thing as 100% supervised workers, especially if your business covers thousands of remote work locations.
As for the fines, I know there are companies out there that will live with a $200 fine and not flinch. Make it $2000 or more and you will probably get their attention.
HC
July 6th, 2010 at 11:47 am
Yes, fine employees. While my company is very good at enforcement and training, there are always a few that delight in “trying to pull the wool” over their supervisors. Because we have a union shop, the union “brothers” stick up for each other and watch each others backs.
July 6th, 2010 at 2:21 pm
The Federal Railroad Administration recognizes that workers have a responsibility. The FRA fines individuals…why does OSHA resist so? This business of leaving employees unaccountable for their own actions and negligence must stop. OSHA must hold employees’ feet to the fire as regards 1903.1, and the General Duty Clause. To merely expect an amployer to justify all that he did (often tantamount to crawling through a desert of broken glass) to keep employees safe, without citing the offending employee, merely perpetuates the problem. I wonder, could it have something to do with the fact that OSHA’s enabling legislation is somehow thought to be owed to labor, and thereby is the conflict of interest? OSHA needs to step up and do it right.
July 7th, 2010 at 12:21 pm
Mike - your post was articulated very well, however, to counterpoint, in the vast majority of cases the problem does not lie at the employees feet when it comes to accountability. In order to have accountability, one must be apprised of their responsibilities. In most cases, if an employee would be in line for a fine, I can guarentee you he either is ignorant of his responsiblities and consequences have not been applied to him which led to the infraction, or, the culture is such that whatever activity is in question was something that occurred frequently, or with company acknowledgment and agreement with the act. In a well ran operation, responsibilities are communicated sufficiently and consequences (-/+) are applied in order to come to a result. In the rare cases of horseplay, sabotage, or the like - I feel that there are paths to follow through the legal system. OSHA should not fine individuals, the management of the operation should impose penalties, (i.e., legal, termination, suspension, etc.) for those who blatently disregard their responsibilities.
September 26th, 2010 at 8:05 pm
Again, the employees are given the perpetual free pass while the employer is judged guilty of the employee’s actions. It seems that OSHA cannot see that even a modest fine to an problem employee (you know the type - continual disregard of rules and procedures - the same rules and procedures that the general duty clause holds them to) would get SOOO much more compliance than merely citing the employer. This, in my opinion, actually perpetuates the problem. The employees see themselves as untouchable. OSHA is protecting bad actors. The good employees do the right thing anyway.
If OSHA means to do nothing to enforce the ENTIRE general dutry clause, then I suggest deleting the employee responsiblity part entirely. As it stands now, they are empty words.
September 27th, 2010 at 12:07 pm
Again, I agree with Mike. I think that OSHA needs to find the employees as well. We have a union shop and it is almost impossible to fire an employee for repeated safety violations. I say hit them where it hurts - in the wallet - then they won’t feel like they are pulling the wool over “the man’s” eyes.
November 16th, 2010 at 9:19 am
Going back to the origional article, OSHA has become another of one of those government organizations that seek to control with out accountablility. It is a sad thing to me that they are pulling away from an educational and cooperative emphasis and moving to a punitive focus. Yes, sometimes punishment is necissary but does it really bring about the spirit of the law, which is safety, or does it push chronic offenders into keeping the letter of the law which is not always safe or efficient? I heard an OSHA official say that their ultimate goal is a safe workplace. Sometimes I wonder.