Is OSHA Underreporting Injuries?

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.

Using Ergonomic Equipment to Reduce Injury Rates

In our last post we talked about the challenges of managing a multicultural workforce in material handling, logistics, warehousing, fulfillment and other businesses. OSHA has reported higher than normal injury and on-the-job death rates for foreign-born Hispanic workers who comprise a growing segment of America’s hourly workforce. While language and cultural differences appear to be at the root of the problem, injury and death rates can be cut by using intuitive, ergonomically-designed, powered equipment to meet your material handling needs.

When communication is an issue, equipment that is easy to operate can improve training speed and reduce potential worker operation errors that can lead to injury. When controls are intuitively designed, communication gaps are narrowed further. What might not be grasped or fully remembered in verbal communication can be intuited by gesture or familiarity with similar equipment. This is not to say that a thorough training and safety program is not necessary, only that easy-to-operate equipment shortens the time between initial training and competent operation. Ergonomically-designed equipment is built around the worker, not the task, making it extremely user-friendly and an excellent choice in multicultural work environments.

Ergonomic material handling equipment that is electric or battery powered can further reduce injury and workplace death rates. In material handling situations, most injuries come from pulling, pushing or lifting loads and are the result of over-stretching or over-straining muscles. Powered equipment removes most of the need for heavy physical exertion from pulling, pushing and lifting tasks. By allowing the equipment to do the heavy lifting, so to speak, fewer situations are presented during the workday that might place workers at risk of injury.

To find out more about ergonomically-designed material handling equipment, visit the DJ Products website.

Congress Debates Increasing Fines for Worker Injury, Death

Congress is being urged to increase financial penalties for workplace injuries and deaths, according to congressional testimony reported by McClatchy Newspapers. In last week’s hearing before the U.S. House Education and Labor Committee, workers’ advocate groups squared off against industry safety experts to debate increasing penalties when employers don’t protect their workers against hazardous conditions.

Workers’ advocates pressured the federal government to drastically increase fines and implement possible criminal prosecution for senior executives when workers are killed or seriously injured on the job. “The thought process has to be, ‘If I keep doing this, and I keep letting this happen. … I could go to jail,'” David Uhlmann of the University of Michigan School of Law and a former U.S. Department of Justice official, told the House Committee.

Speaking for the opposing view, a workplace safety attorney who helps businesses figure out how to respond appropriately to U.S. labor laws, recommended more clearly defined labor safety laws and more stringent enforcement of existing penalties for employers who exhibit a “callous disregard” for workers’ safety. “There needs to be a balance,” Lawrence Halprin, a lawyer with Keller and Heckman, told the House Committee, noting that confusing labor regulations often contribute to the creation of workplace hazards.

Last week’s hearing was one more volley in the Congressional debate that is accompanying preparation of anticipated legislation to overhaul the 39-year-old Occupational Safety and Health Act (OSHA). With the Obama administration’s apparent blessing, House Democrats are preparing to give OSHA a new and sharper set of teeth. New regulations being considered would dramatically increase employers’ penalties, increase business owners’ accountability and protect workers who speak out about workplace violations. OSHA penalties have not been updated since 1990, and financial penalties were never indexed to inflation. Current penalties for the injury or death of a worker often total just a few thousand dollars.

“Penalties must be meaningful,” said Rep. George Miller, a California Democrat and chairman of the House Education and Labor Committee. “They must function to deter violations. They must get people’s attention.”

However, some committee members are concerned that their Congressional peers may be unduly swayed by the many stories of personal tragedy that have peppered the hearings. Rep. Tom Price, a Georgia Republican, noting that workplace fatalities have declined since 1994, said, “Sometimes Congress gets emotional and draws the wrong conclusions and makes the wrong laws.” Time will tell what happens here, but you might want to weigh in with your Congressman and tell him how you feel.