More often than not in the course of conversation about my beloved profession the question comes up these days about OSHA , safety, and where it is all headed under the new administration. I have come to the conclusion that my answer is “we are on the verge of a Perfect Storm”. Let me put the factors in motion for you. When the actual Perfect Storm occurred around Halloween of 1991 it was a culmination of three significant weather related events. These events were a low pressure system, a Hurricane, and a high pressure system. I am seeing the same thing today with what is going on with OSHA.

The Low Pressure System - The life cycle of OSHA:

In it’s heyday of the 70’s the agency was new and aggressive and grew to its peak in the Carter administration with almost a “crazed activist” demeanor. During both terms of Reagan and the George H.W. Bush term the agency was still powerful and responsible for such new regulations as Hazard Communication, Control of Hazardous Energy (Lockout/Tagout), Respiratory Protection, and several others.

It wasn’t until the two terms of the Clinton administration that we saw the agency begin to mellow and drift from its origional mission. If you will recall it was Al Gore who proposed a more “mature” OSHA focused around creative partnerships with business and industry and it was only at the midnight hour of the Clinton administration when the poorly written Ergonomic standard was shoved out the door so the George W. Bush administration would have time to kill it, and be blamed for its demise.

Many now refer to OSHA as the toothless tiger and the EPA has significantly upstaged it on the “Fear” meter over the years with a much greater potential of seven figure fines and jail time for business owners and leadership.  As OSHA is preparing to turn 40 years old many are calling for a complete overhaul of the organization.

The Hurricane - The Recession:

This current economic downturn has become a storm like many businesses have never seen before. Many were not prepared, or simply hit so hard that no amount of preparation would have protected them from its wrath. Employers are hurting. Many are failing and don’t have the luxury of the government jumping in to prop them up through this storm.

Contrary to what some believe, the majority of employers are not the bad guys.  They want to do what is the correct and ethical thing.   But in these struggling economic times many have been forced to throw anything they possibly can overboard just to stay afloat. In many instances this may include their occupational safety and health personnel and programs.  Right or wrong it was a decision that had to be made.  After all, worker’s compensation premiums and OSHA fines are not what is nipping at the business owner’s heels.  It is payroll, cash flow, lost sales, and creditors.   A close friend and Safety Director for a major corporation made a comment to me the other day that when you are consuming all your financial resources to bail the boat, you are not too concerned about your safe boating certification. 

The High Pressure System – Obama Administration:

Enter the “New OSHA” under the direction of Labor Secretary Hilda Solis. Ms. Solis has been an outspoken critic of OSHA for some time and has made it clear under her direction OSHA is about to heat up enforcement and promulgate new standards. In a speech given by Solis in April she made the following statements.

“Under my watch, enforcement of our labor laws will be intensified to provide an effective deterrent to employers who put their workers’ lives at risk. OSHA and MSHA will be about workers — not voluntary programs and alliances.”

Then Jordon Barab, Solis’ pick to run OSHA (for now) who’s opinions and thoughts are easy to find and read due to his five year diatribe on safety, OSHA, and his antipathy toward the republican party on his blog that he calls “confined space“.  It is quite possible that he could be the most radical and aggressive OSHA leader since Eula Bingham during the Carter administration. OSHA under Barab has already committed to an increased budget, adding over a hundred new enforcement officers and the rapid development of over a half a dozen new regulations. There is strong congressional action as well that would increase the monetary amount of OSHA fines as well as the likelihood of jail time for individuals for specific OSHA violations.

Convergence:

As these three factors begin to converge I suspect the worst possible scenario. What was once viewed by many as pretty much a toothless tiger is rapidly evolving into a hungry beast with an attitude. Employers distracted by other issues and in a survival mood being caught unaware and unprepared now become the victim of their own ignorance and the changing winds of this growing storm.

I don’t have a crystal ball but from my perspective some of this is pretty obvious. Expect much more aggressive enforcement of OSHA regulations. We are already seeing it on a federal level with more utilization of willful and repeat penalties that are carrying the maximum allowed fines.Look for significant increases in criminal prosecution of business owners and senior leadership when it comes to work place fatalities, catastrophes, and serious injuries. Just a few weeks ago a California business owner was given nine months in jail and ordered to personally pay nearly $250,000 in restitution due to two workers falling through skylights during roofing work.    I am afraid these types of stories are going to become more commonplace when employers are forced to make hard decisions in order to keep their business afloat as they stretch their resources even thinner. If businesses don’t have the capital then they can’t replace aging machinery and processes, they will be forced to cut back on preventive maintenance, personnel, equipment and training. We will begin to see more catastrophic events such as the ConAgra explosion in North Carolina, the ammonia leak in Kentucky and many others.

To coincide with the proposed rule on Cranes and Derricks in Construction, published in the October 10th Federal Register, OSHA has initiated a National Crane Safety Initiative to address safety hazards during construction crane operation.

The Crane Safety Initiative also builds on a number of steps taken by OSHA earlier this year to raise awareness on crane safety and increase enforcement of the current standards, including launching local emphasis programs in a number of regions to inspect high-rise construction, stakeholder outreach and additional training on crane safety.

“Three important features of this initiative are that it will provide information and outreach to the construction industry and other stakeholders, offer enhanced resources to OSHA inspectors who address crane safety and implement a National Emphasis Program on Crane Safety,” said Assistant Secretary for Occupational Safety and Health Edwin G. Foulke Jr. “The Bureau of Labor Statistics recently reported the 2007 fatality rate was the lowest in recorded history, including a reported five percent reduction in fatalities for the construction industry. This initiative builds upon this successful record.”

Through its agency partners in the construction industry, OSHA will increase awareness of and provide information on how to avoid crane hazards. The agency’s compliance safety and health officers will receive enhanced resources on crane safety. Additionally, the National Emphasis Program will incorporate increased targeted inspections of construction worksites to identify crane hazards and promote compliance with workplace crane safety requirements.

OSHA’s proposed rule on cranes and derricks addresses the key hazards associated with construction cranes and derricks.

OSHA is proposing a rule to protect employees from the hazards associated with hoisting equipment when used to perform construction activities. Under this proposed rule, employers would first determine whether the ground is sufficient to support the anticipated weight of hoisting equipment and associated loads.  

The employer then would be required to assess hazards within the work zone that would affect the safe operation of hoisting equipment, such as those of power lines and objects or personnel that would be within the work zone or swing radius of the hoisting equipment. Finally, the employer would be required to ensure that the equipment is in safe operating condition via required inspections and employees in the work zone are trained to recognize hazards associated with the use of the equipment and any related duties that they are assigned to perform. 

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