It is all to easy to bash government agencies reflexively. So I want to make it clear that, in my view, all federal agencies are struggling now as a result of Bush administration mismanagement and malmanagement. But well before Bush was elected, these agencies that regulate the workplace have all been underfunded, year after year, and subject to attacks by judges who refused to enforce the law, a subject I discussed in a multi-part series last year. link to part I
That said,
I am going to note three incidents bracketing the June 24 hearing I just discussed in another post. They involve actions by OSHA, all involving the construction industry. It is possible to say that OSHA took these actions in light of the hearing. Probably true. But was it to defend itself by adding to the record and showing that it is not a do-nothing agency? Or is it to construct reality.
Here is my take - mostly the former and some of the latter.
Bear in mind that OSHA, the EEOC, and the NLRB all have employees dedicated to its mission and who have hung on through low pay, attacks from the Right and from the Left, trying, trying to enforce the law. They are true heroes. These press releases could not have been issued but for them, and we need to remember that they are in the belly of the beast and support them.
So here are the OSHA events I refer to, as bracketing the June 24 hearing:
Just the day before, on June 23, OSHA announced: "U.S. Labor Department's OSHA takes extra steps to combat New York City construction hazards - Rise in city construction deaths and accidents 'unacceptable'"
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is taking new steps to combat the rise in construction fatalities in New York City, where 20 employees have died in construction-related accidents since January.
For two weeks beginning today, OSHA is bringing a dozen additional inspectors into the city to conduct proactive inspections of high-rise construction sites, cranes and other places where fatalities and serious accidents have been occurring. Additionally, ongoing inspections will continue under existing local emphasis programs, or as a result of complaints, referrals or accidents.
And on June 25, the day after the hearing: "U.S. Department of Labor's OSHA forms safety and health alliance with Chicago area construction organizations"
Reducing and preventing exposure to falls and other hazards associated with the installation of drywall are the goals of a new alliance signed by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA), the Chicago Regional Council of Carpenters (CRCC), the Gypsum Drywall Contractors of Northern Illinois/Chicagoland Association of Wall and Ceiling Contractors (GDCNI/CAWCC) and the Residential Construction Employer's Council (RCEC).
The alliance team will work together to provide expertise to develop training and education programs for carpenters, drywall installers and other related construction employees regarding fall hazards from scaffolds, ladders and other elevated work platforms. They also will provide expertise in communicating such information to employers and employees in the industry.
And the week before, on June 18, OHSA announced: "Broadway Concrete cited for alleged fall and protruding rebar hazards - OSHA proposes $877,000 in penalties":
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited 160 Broadway Corp., doing business as Broadway Concrete, for numerous alleged safety and health violations, proposing $877,000 in fines. The New York City-headquartered company is the concrete contractor for the construction of 77 Hudson, a condominium project involving two 50-story condominium towers in Jersey City, N.J. Broadway Concrete is owned by Robert Cassera, who also owns Tri-State Employment Service and several other businesses.
OSHA initiated its investigation on Dec. 19, 2007, in response to a complaint alleging several fall hazards. OSHA investigators found that the company failed to provide adequate fall protection for employees exposed to falls from as high as 25 stories above the ground. The company also failed to provide protection from protruding rebar. OSHA believes most of the violations were willful because Broadway Concrete was fully aware of OSHA's fall protection requirements. Broadway Concrete's superintendent for the 77 Hudson project, as well as its vice president were previously managers at other concrete companies that had violated the same standards on many previous occasions. In this case, OSHA visited the 77 Hudson project seven times between December 19, 2007 and January 24, 2008 and found the same violations on each successive floor as the building's height increased. Despite OSHA's repeated admonishments on each of these visits, Broadway Concrete's managers still failed to comply with the OSHA construction standards. As a result, OSHA cited the company for 15 willful violations, with $870,000 in penalties, and two serious violations, with $7,000 in penalties.
"The many alleged safety violations found at Broadway Concrete's site put employees at great risk for potential injuries or death," said Assistant Secretary of Labor for OSHA Edwin G. Foulke, Jr. "Employers have a responsibility to take all required precautions to ensure a safe and healthy work environment."
OSHA defines a willful violation as one committed with plain indifference to, or intentional disregard for, employee safety and health. Serious violations are those that could result in death or serious physical harm about which the employer knew or should have known.
Broadway Concrete has 15 business days from receipt of its citations to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Parsippany, N.J., area office; telephone 973-263-1003.
None of these initiatives could have happened out of the blue. Good employees, working hard, underpaid, and dedicated nonetheless made them happen.
They deserve our thanks.
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