Resources for Occupational Safety and Health Administration (OSHA)

Lawmakers: OSHA Criminal, Civil Penalties “Weak and Ineffective”

www.occupationalhazards.com

In an April 29 Senate hearing, congressional lawmakers described OSHA as being “dangerously ineffective” in protecting workers, and claimed the agency's civil and criminal penalties in workplace fatality cases are too weak and fail to deter company violations.

During the hearing, held by the Senate Health, Education, Labor and Pensions Committee, Sens. Edward Kennedy, D-Mass., and Patty Murray, D-Wash., called for Congress to strengthen current workplace safety laws, strengthen provisions for higher penalties and criminal prosecution and insist on stronger OSHA enforcement. The Occupational Safety and Health Act, created 37 years ago and signed into law by President Richard Nixon, successfully helped reduce workplace accidents and fatalities. Legislators and labor leaders argue that in recent years, however, OSHA has exercised lax oversight, causing workplace safety to suffer.

Republican Senator Mike Enzi from Wyoming remained unconvinced that stronger criminal penalties and fines were the answer. He stated that it was more important for Congress to focus on preventing injuries from occurring in the first place rather than creating punishments for deaths and injuries after the fact.

“Penalties are part of the equation, but just like the death penalty cannot deter every crime, so too, is their utility limited,” Enzi said.

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