COURT UPHOLDS PER-EMPLOYEE PENALTIES FOR PPE VIOLATIONS (04/21/2010)

The U.S. Court of Appeals for the District of Columbia April 16 upheld a final rule that allows employers to be held liable on a per-employee basis for failing to provide the proper personal protective equipment and training to workers.   

The plaintiffs in the case alleged that the Secretary of Labor did not have the authority to penalize employers for each separate violation.  A three-judge panel rejected that argument, saying that the Secretary of Labor has authority over both the regulations issued and the enforcement of those regulations, including the authority to allow employers to be held liable per each instance of failure to provide proper training or equipment in willful and egregious cases.  

According to the Occupational Safety and Health Administration (OSHA), the rule is meant to clearly define the remedy for violations, but in comments filed during the proposed rule phase, ABC pointed out that the rule fails to clarify that the per-employee penalty system is only supposed to be used for flagrant violations.    

Despite the concerns of ABC and other organizations, the per-employer penalty rule went into effect in December 2008 and OSHA will retain the ability to cite any employers for each violation when failing to offer the correct equipment or training.  

 
Safety Programs

ABC's STEP Program
Safety Training & Evaluation Program (STEP)

ABC recognizes that outstanding construction safety management is the key to successful construction projects. The important role of safety was recognized by the industry and the ABC National Safety Committee by creating the Safety Training & Evaluation Process (STEP).

For detailed information about ABC's STEP program, including how to apply, click here.

 

Oregon OSHA's SHARP Program
Safety & Health Achievement Recognition Program (SHARP)

SHARP is a recognition which provides an incentive and road map for Oregon employers to work with their employees to find and correct hazards, to develop and implement effective Safety and Health Programs, to continuously improve, and become self-sufficient in managing occupational safety and health.

For more information about the SHARP program, click here.