At a recent Congressional hearing, critics charged that OSHA is underreporting injuries. In questioning the competence of the federal agency designated to protect the health and safety of American workers, critics cited several independent studies, contending that nearly half of all workplace injuries go unreported to OSHA.
Independent studies cited both reviewed the impact of changes to OSHA’s injury-reporting rules and compared injury data reported to OSHA by employers with that reported to state workers’ compensation plans. In one study, a Michigan State University professor of medicine noted that while workplace fatalities have not declined over the years, reported injuries have declined significantly. He found the data suspect. According to the professor, a decline in injuries should have resulted in a similar decline in fatalities.
The significant data discrepancies between OSHA and state worker’s compensation plans were attributed to numerous possible causes, including the underreporting of injuries to employers by immigrant workers concerned about job retention, reclassification of workers by employers into non-reporting job descriptions, managers discouraging injury reporting, and several other causes. Reports came just shy of charging employer fraud, criticizing OSHA for relying solely on employer statistics.
OSHA defended its reporting procedures, pointing out that in addition to employer submitted data, each year its agents conduct 250 record-keeping audits of employers. OSHA said audits indicate that 90% of employer-submitted data on injuries and illness is accurate. Defending OSHA before the House Committee on Education and Labor, OSHA assistant secretary Edwin Foulke, Jr. said, “In Fiscal Year 2008, of the almost 57,000 violations issued so far, 80% have been categorized as serious, willful, repeat or failure-to-abate, the highest percentage ever recorded by the agency. We are also effectively targeting our inspections.” While Foulke noted that violations were found on 78% of the construction worksites inspected this year, he contended that OSHA’s diligence is responsible for the lowest workplace injuries, illnesses and fatalities in U.S. history.