American Society of Safety Engineers Registers Concern Over Independent Federal Agency's Decision Concerning Workplace Safety

12/2/2003

From: Diane Hurns of the American Society of Safety Engineers, 847-768-3413 or dhurns@asse.org

DES PLAINES, Ill., Dec. 2 -- American Society of Safety Engineers (ASSE) President James 'Skipper' Kendrick applauds the decision by Assistant Secretary of Labor John Henshaw and the Occupational Safety and Health Administration (OSHA) to appeal the independent Occupational Safety and Health Review Commission's (OSHRC) recent 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.

"ASSE's members are concerned that the Ho decision improperly limits OSHA's ability to continue enforcement actions under the egregious conduct policy, a necessary tool for OSHA to make the worst employers accountable for their willful failure to protect workers from known safety and health risks," Kendrick stated in a letter sent to Assistant Secretary Henshaw today. "If allowed to stand, this decision would be an unacceptable step backwards in the federal government's ability to enforce this nation's occupational safety and health standards against those who deserve enforcement attention the most."

In egregious civil penalty cases, OSHA has been able to fine an employer for each instance of a workplace violation even when they apply to the same standard. 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 OSHRC is an independent Federal agency created to decide contests of citations or penalties resulting from OSHA inspections of American work places.

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 OSHRC ruled September 29, 2003 that OSHA's imposition of per-employee citations of the asbestos standard was not reasonable and rejected OSHA's egregious policy. "Allowing this decision to stand will make it extremely difficult for OSHA to hold truly egregious employers responsible for their willful failures to protect workers," Kendrick said. "When a ruling like Ho threatens to limit OSHA's ability to address those employers, ASSE fully supports OSHA in taking whatever steps are possible to see that such a ruling will not stand."

Founded in 1911, the Des Plaines, IL-based ASSE is the largest and oldest professional safety organization and is committed to protecting people, property and the environment. Its more than 30,000 members manage, supervise, research and consult on safety, health, transportation and environmental issues in industry, government, education, labor and insurance. For more information and a copy of the letter check http://www.asse.org at ASSE News.