Way back in 2015, a small provision in the newest Federal budget created the path for OSHA to raise their fines for offenders for the first time since 1990. In an effort to catch up to and keep current with inflation rates, the provision stated that OSHA can and should increase their fines a substantial amount in 2016 and also increase that penalty each year based upon inflation.
Many estimated that OSHA fines could raise by up to 80% when it was first announced and the US Department of Labor just recently released the official increase. Those estimates were not far off, as the official increase, effective August 1, 2016, will be 78%. That means that serious violations will jump from a maximum $7,000 fine to $12,471 and the highest penalty for repeat or willful violations will go from $70,000 to $124,709.
If you’ve had a recent OSHA violation, but have not been assessed penalties, this new rule will still affect you. Per the news release, the US DOL states that “the new civil penalty amounts are applicable only to civil penalties assessed after Aug. 1, 2016, whose associated violations occurred after Nov. 2, 2015.”
What do you think of the penalty increases? Tell us in the comment section below!
Last November, Manhattan District Attorney Cyrus R. Vance Jr. announced felonious assault charges against a contractor’s superintendent and a manufacturer’s branch manager after two men suffered horrific injuries on a New York jobsite. Last week, OSHA formally announced citations against the St. Louis, Missouri based contractor.
After an uptick in construction industry fatalities in 2016, a recent Bureau of Labor Statistics report shows that both the amount of construction worker deaths and the rate of fatality dropped in 2017.
At the National Safety Council Congress & Expo on October 23, 2018, OSHA’s deputy director of Directorate of Enforcement Programs, Patrick Kapust, announced their 10 most frequesntly cited safety violations for their fiscal year 2018.
On March 15, 2018, 6 people were killed and 8 others were injured when an under construction pedestrian bridge collapsed in Florida. Several months later, the National Transportation Safety Board (NTSB) released their preliminary report while conducting an official investigation. The NTSB later issued an “Investigative Update” to their preliminary report in August. In Mid-November, the NTSB released a 2nd investigative update, narrowing their root cause theories.
The City of New York is getting serious about construction regulation and using the full extent of the law to punish those who have acted negligently on the jobsite. Last year, Mayor Bill De Blasio issued a new law requiring all construction workers to undergo, at minimum, 40 hours of safety training. In 2016, Manhattan District Attorney Cyrus R. Vance Jr. successfully convicted a construction foreman of criminally negligent homicide and reckless endangerment after a laborer was killed in a trench collapse that he was overseeing. Earlier this month, DA Vance announced assault charges against a superintendent and branch manager after 2 men suffer horrific injuries on their jobsite.
The long delayed rule for crane operator certification has new life as OSHA has issued yet another final rule, after making alterations and clarifications. OSHA originally planned to require all crane operators to obtain certifications in 2010, but it has been delayed several times since then. A different final rule was proposed in 2017, but it was announced in May of 2018 that the administration intended to alter the rule.
The United States Consumer Product Safety Commission has announced a recall of 3 different drills manufactured by Black & Decker due to safety concerns.
Just over a year ago, in September of 2017, Hurricane Irma blew through Miami, Florida, bringing extremely high speed wind with it. The wind caused 3 cranes to collapse in southern Florida, 2 in downtown Miami and 1 more in Ft. Lauderdale. Interesting video of the dismantling of one of the failed cranes was shared on Youtube.
In September of 2017, OSHA’s new standard on exposure to respirable crystalline silica went into effect in the construction industry. The rule lowered the allowable exposure to the harmful substance to 50 micrograms per cubic meter, a measurement that we’re all familiar with [/sarcasm]. After a full year of enforcement, OSHA is considering making a change to the rule.