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OSHA in 2010: More Fines & Higher Dollar Amounts

OSHA announced that from October 2009 to September 2010, the agency issued citations in 164 cases where penalties reached $100,000 or more. Of those cases, there were 20 in which OSHA deployed its egregious citation policy. Egregious citations are those considered so serious that OSHA assesses penalties for every instance where a violation occurs, rather than lumping all the instances into one penalty, as is done in non-egregious cases.

The result of separate penalties can be so called “mega-fines” that are intended as a deterrent. Egregious cases during this period include the BP Products North America oil refinery in Texas City, Texas. In egregious cases, OSHA often follows up by inspecting other facilities owned by the same organization. That is what happened in the case of the U.S. Postal Service, where inspections around the country found serious electrical hazards and other hazards.

In recent months, there have several high dollar fines against foundries. In July 2010, Kenton Iron Products of Ohio was fined $214,500 for 29 safety and health violations, including three alleged willful citations with proposed penalties of $156,000 for failing to ensure that some equipment was de-energized and shut down properly, and lockout/tagout procedures were in place. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or plain indifference to employee. In September 2010, Excelsior Brass Works of Pennsylvania was fined $550,400 for knowingly exposing workers to lead hazards and violating federal workplace safety and health standards.

In light of the continued enforcement push of manufacturers, metalcasters should closely review their safety programs and conduct mock OSHA inspections.

For more information, contact Stephanie Salmon, Metalcasters Alliance for Government Affairs Washington Office, 202/842-4864 or ssalmon@afsinc.org.