Brody and Associates LLC » OSHA

A Small Poster Could Have Big Impact

Robert G. Brody — Fri, 25 Nov 2011 19:34:24 +0000

As seen in the October 31, 2011 CT Law Tribune

Don’t Let Your Company Become the Next Workplace Violence Headline

Robert G. Brody — Fri, 21 Oct 2011 18:45:33 +0000

How many of you have ever seen a news story about a workplace shooting and said to yourself – that would never happen at my office? We are sure you are not alone. However, there are an average of 590 workplace murders every year. Workplace violence is a real issue that many employers do not take the time to address until it is too late.

Maybe the largest problem is that many employers struggle to implement an effective workplace violence program. OSHA recently issued a new guide which includes not only enforcement procedures for its investigators, but helpful tools and tips for employers to assess their workplaces and implement workplace violence prevention strategies. The guide even gives industry-specific tips for industries such as retail, healthcare and social services.

Some general tips for all employers include:

Have a well drafted workplace violence prevention policy in your handbook
Install an alarm system in your building, especially if you often have employees staying late by themselves
Require everyone entering or exiting the building to swipe a company-issued badge or otherwise register with the company
Install bright lighting in the parking lots and other outdoor areas
Encourage your employees to report all threats and incidents of violence in the workplace

With just a few small steps, employers can maintain a safe environment for their employees. Brody and Associates regularly advises its clients on matters involving OSHA and OSHA compliance. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.965.0560.

Is The Sleeping Giant – Known as Osha – Finally Waking Up?

Robert G. Brody — Fri, 15 May 2009 17:48:16 +0000

Due to OSHA’s failures to implement their own programs, companies will now feel more pressure and harsher punishments. The Inspector General of the Department of Labor found that OSHA, under its Enhanced Enforcement Program, failed to conduct necessary inspections and enforce the enhanced settlement provisions for ninety-seven percent of the employers that qualified under it. Additionally, they did not ensure employers qualified were tagged for the program, did not inspect all worksites of companies where safety issues were uncovered, did not consistently conduct follow-up inspections, and maintained no specific criteria for issuing notifications where safety issues were found.

The Enhanced Enforcement Program has been in place for six years. Only now is it being recognized that the plan is flawed. To remedy this, OSHA created the Severe Violators Inspection Program, which will focus on these issues at larger employers. The new program will consist of mandatory follow-up inspections by OSHA inspectors, more inspections of other locations of a company, a more comprehensive investigation of an employer’s history for systemic problems that could trigger further inspections and a continual review of the program to make necessary improvements.

OSHA will now also be looking at whether appropriate referrals are being made to the Justice Department for potentially criminal cases for prosecution and how to best work together to prosecute those cases. While there is still much to be worked out in the new program, the main goal is to ensure noncompliant employers are targeted for additional enforcement action.

Historically, OSHA focused on remedies after accidents or fatalities. At that point, willful, repeated and egregious violations are looked at and broad settlements are reached. Now, because OSHA has been found so lacking in their duty to enforce and ensure compliance, companies could face more stringent inspections and harsher punishments than ever before.

Whether or not this new program succeeds will be determined by the individual investigators. If they are mindful of following OSHA’s own standards and procedures in following up with companies and ensuring safety compliance, employers will start to see a nation-wide difference. While safety is of top importance, it is unfortunate that OSHA’s own failings will result in enhanced penalties when employer mistakes happen.

Brody and Associates regularly advises management on complying with state and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or (203) 965-0560.

Rare OSHA Criminal Prosecution Nets Guilty Verdict

Robert G. Brody — Sun, 15 May 2005 18:25:23 +0000

A federal jury returned a guilty verdict in a rare Occupational Safety and Health Act (“OSHA”)criminal prosecution, finding an electrical contractor liable for the 1999 electrocution death of a novice lineman. Federal prosecutors accused the company, L.E. Myers, of willfully violating five OSHA provisions. The contractor faces a maximum penalty of five years probation and a fine of up to $500,000.

The lineman was killed on his second day of employment. He was directed to inspect a steel transmission tower owned by Commonwealth Edison Co. in Mount Prospect, Illinois. There was an energized line at the top of the tower. When he contacted the line he was killed instantly. L.E. Myers was convicted of violating regulations requiring employers to make determinations about job conditions, conduct pre-job briefings, prevent workers from coming too close to energized lines, and train workers with respect to safety risks.

While criminal prosecutions under OSHA are extremely rare, U.S. Attorney Eric Sussman opined that the verdict demonstrates the government is serious about enforcing federal workplace safety standards. He warned employers to abide by OSHA regulations because the Department of Justice and the Department of Labor will be looking at violations more carefully and are going to aggressively enforce the safety standards in the workplace.

Every employer must review their policies to ensure compliance with OSHA standards. Violations of OSHA can lead to more than just monetary penalties. In this case, the violations led to the death of an employee, criminal prosecution, fines and other penalties.

Brody and Associates regularly counsels its clients on issues such as these. For additional articles on OSHA, click here. Should you have any questions, or require any help in keeping abreast of these laws, please contact us at (203) 965-0560 or at info@brodyandassociates.com.