OSHA Changes Would Hike Fines & Penalties For Employers
In July, companion bills entitled the Robert C. Byrd Miner Safety and Health Act were introduced in both the House and Senate which included significant changes to address safety in both mines and other workplaces. While these bills were originally intended to address the recent mine tragedies, the focus has shifted to include other private workplaces as well. The portions of the proposed bills that will affect the OSH Act include: increasing civil and criminal penalties, expanding family members’ rights in settlement of violations, requiring abatement during the period that citations are contested and enhancing protection for whistleblowers.
Under the proposed bill, fines for “serious/other than serious” citations will increase from a maximum of $7,000 to $12,000. They have also added an additional fine of between $20,000 and $50,000 if there is a fatality associated with a “serious” citation. Fines for “willful” citations will increase from a maximum of $70,000 to $120,000. If there is a fatality associated with a “willful” citation, the employer will face additional fines between $50,000 and $250,000. Currently, there is no automatic additional penalty if there is a fatality in the workplace.
The proposed bill also increases the penalty for criminal violations of the OSH Act, lowers the burden of proof and expands the scope of who may be criminally liable.
These provisions are extremely controversial and are generally opposed by industry groups including the U.S. Chamber of Commerce. Under the new law, the parties who could be criminally prosecuted will be expanded from the “employer” to “any officer or director” of the company under a lower burden of proof, from a “willful” to a “knowing” violation of the law. Since these terms are not precisely defined, even Human Resource or Safety Directors could potentially be prosecuted criminally. Employers will face greater fines from OSHA whether or not the law is amended, but if the reform bill is passed, expect significant changes for all private employers.
A link to the full article by Mark Kittaka, a Partner at Barnes & Thornburg LLP, is available on our website at: FarmEquip.org/Shortlink. ◆