Today's News

OSHA's egregious penalty policy under fire

December 8, 2003
/ Print / Reprints /
ShareMore
/ Text Size+
American Society of Safety Engineers (ASSE) President James 'Skipper' Kendrick applauds the recent move by OSHA chief John Henshaw to appeal the Occupational Safety and Health Review Commission's decision in Secretary of Labor v. Ho. If allowed to stand, the Ho decision would limit OSHA's ability to crack down on employers that willfully fail to protect workers from known safety and health risks, according to ASSE.

"ASSE's members are concerned that the Ho decision improperly limits OSHA's ability to continue enforcement actions under the egregious conduct policy," Kendrick stated in a letter sent to Henshaw.

Under OSHA policy, OSHA inspectors are instructed to cite employers for multiple violations of the same standard where the employer has demonstrated one or more of the following characteristics: persistently high rates of illness/injury or fatalities; extensive history of prior violations; intentional disregard of health and safety responsibilities; or bad faith (indifference to standards or requirements).

The Secretary of Labor v. Ho case concerned OSHA's multiple issuance of willful citations to Eric K. Ho and two companies he controlled for allegedly violating the asbestos standard in construction, for failing to provide respiratory protection and asbestos training to 11 workers. The workers were hired to remove asbestos-containing materials from a hospital.

The commission ruled in September that OSHA's imposition of per-employee citations of the asbestos standard was not reasonable and rejected OSHA's egregious policy.

Did you enjoy this article? Click here to subscribe to ISHN.

You must login or register in order to post a comment.

STAY CONNECTED

Facebook logo Twitter YouTubeLinkedIn

Multimedia

Videos

Image Galleries

ASSE's Safety 2013 Review

A photo gallery from the Las Vegas Convention Center, where ASSE’s annual professional development conference was held June 24 to 27. All photos courtesy of the American Society of Safety Engineers.

THE MAGAZINE

ISHN Magazine

ishn april 2014 issue cover

2014 April

In this month's issue of ISHN, check out features about safety in the oil and gas industry.

Table Of Contents Subscribe

THE ISHN STORE

M:\General Shared\__AEC Store Katie Z\AEC Store\Images\ISHN\safetyfourth.jpg
Safety Engineering, 4th Edition

A practical, solutions-driven reference, Safety Engineering, 4th edition, has been completely revised and updated to reflect many of today’s issues in safety.

More Products

For Distributors Only - January 2014

ISHN0114_FDO_cov.jpgFor Distributors Only is ISHN's niche brand standard-sized magazine supplement aimed at an audience of 2,000 U.S. distributors that sell safety products. Circulation only goes to distributors. CHECK OUT THEJANUAYR 2014 ISSUE OF FDO HERE

ishn infographics

2012 US workplace deathsCheck out ISHN's new Infographic page! Learn more about worker safety through these interactive images. CLICK HERE to view the page.