New OSHA enforcement authority -Contractors should know about it!
John Surma • Shareholder at Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
LinkedIn Post -
This press release, received literally minutes ago (it is 3:50 CST as I start to write) announces that OSHA Regional Administrators and Area Directors will have the authority to cite certain types of violations as "instance-by-instance" violations and not group violations. While the headline suggests that this is intended to change lives and target employers who place profit over safety, one has to wonder how other-than-serious recordkeeping violations, often committed innocently because the rules are clear as mud and often misunderstood by small, new, and unsophisticated business owners (let alone the big employers who don't understand them) really accomplish the stated goals. I have every expectation certain employers in certain sectors will "feel the pain" more than others, in some cases much more, which will likely bring due process and equal protection challenges.
Brian Flynn • 2nd Senior Consultant / Operations Manager
LinkedIn Post Comment to John Surma’s post -
FYI.. there will be an independent authority for OSHA Area Offices to issue the Instance-by-Instance penalties. Please urge your stakeholders to retain proper representation (Qualified OSHA Safety Consultant OR Attorney), PRIOR to permitting access to your site or facilities. Proper representation is paramount as agreeing to the scope of the inspection will help limit potential violations.
Also note that there is no system of checks and balances for the application, the discretion lies solely with the area director.
