Tag: worker death

OSHA Could Stiffen Penalties

OSHA could levy tough consequences on employers who ignore worker safety if Congress passes legislation currently under review. In legislation introduced late last year by Senator Edward Kennedy of Massachusetts, employers who disregard hazards that result in worker fatalities could face felony prosecution and stiff prison sentences. The maximum penalties currently levied by OSHA are 6 months in prison for a willful violation resulting in death and/or $70,000 for a willful violation and $7,000 for a serious violation. Hearings about the proposed legislation are being conducted by the Senate Health, Education, Labor and Pensions Committee. The bill is expected to move through Congress this year.

“Employers who ignore their employees’ safety should pay a penalty that will force them to change their negligent ways,” Sen. Kennedy said. A report issued by Kennedy’s staff titled Discounting Death: OSHA’s Failure to Punish Safety Violations that Kill Workers states that a median penalty of $3,675 was assessed for workplace fatalities last year. “Workers’ lives are obviously worth far more than that,” chided the Senator.

Each year 6,500 American workers die from workplace injuries. According to OSHA estimates, forklifts are responsible for 85 fatalities a year, 34,900 serious injuries and 61,800 non-serious injuries. An estimated 11% of all forklifts in operation in the U.S. are involved in an accident each year. Over their useful life, 90% of all forklifts will be a factor in a workplace accident. Over the past 20 years, forklifts have been the major cause of industrial fatalities and accidents in the U.S.

With stricter enforcement on the horizon, it could be prudent to consider replacing the bulk of your forklift fleet with safer, more maneuverable, ergonomic electric carts and motorized cart pushers. Reasonably-priced cart movers come in a variety of sizes designed to perform many of the same tasks done by forklifts but with increased efficiency and superior safety for workers. Power tuggers offer maximum versatility in moving loads of up to 3,0o0 pounds while cart movers can muscle heavy 50,000-pound loads. Don’t place your workers or your business at risk, click here to learn more about ergonomic electric and battery-powered carts and tugs.

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.