U.S. House of Representatives Expected to Vote on OSHA Reform Bill in July

Released July 6, 2010

A combined Mine Safety Health Administration/Occupational Safety and Health Administration measure, the Miner Safety and Health Act (MSHA) of 2010, is the new vehicle the U.S. Congress is utilizing to push a major overhaul of the two key agencies that oversee workplace safety for mining, general industry, retail and construction. Increased criminal and civil penalties, stronger enforcement tools, and mandatory abatement are at the center of the workplace safety portion of the legislation and the bill would apply to all metalcasting facilities and their suppliers.

The bill would incorporates a number of changes to the Occupational Safety and Health Act (OSH Act) contained in the Protecting America’s Workers Act (PAWA) (H.R. 2067/S. 1580) introduced last year. Specifically, the bill would increase OSH Act minimum and maximum civil penalties to $8,000 from $5,000 and $120,000 from $70,000 respectively. For willful or repeated violations causing an employee’s death, the minimum and maximum penalties would be not less than $50,000 or more than $250,000.

Civil penalties for serious violations also would increase, as would OSH Act criminal penalties for willful violations causing an employee’s death. A known violation that results in serious bodily harm to an employee would subject an employer to a criminal penalty. For purposes of the criminal penalty, an employer includes any officer or director.

The House Education and Labor Committee has scheduled a hearing on the MSHA for Tuesday, July 13. According to committee staff, they anticipate marking up the bill by the Committee as soon as Thursday, July 15. The full House of Representatives is expected to vote on the measure by the end of the month.