Company executives, project managers and safety directors could face up to 20 years in prison for work site accidents if a federal bill becomes law.
The Protecting America‘s Workers Act, introduced by U.S. Rep. Lynn Woolsey, D-Calif., would let the Occupational Safety and Health Some in the construction industry argue that increasing penalties could actually undermine efforts to improve safety. “It creates financial and legal disincentives to find and fix problems before they occur,” said Brian Turmail, a spokesman for the Associated General Contractors of America. “If I know I’m going to be fined or at risk because I know there’s a problem on site, I think it would actually drive safety concerns underground because I’m going to keep quiet.”
Kim Stille, area director for the OSHA office in Madison, Wis., said the bill would set intent as the difference between criminal charges and
Under current rules, Stille said, the company would face a maximum penalty of $70,000 for that kind of willful violation. If the federal bill passes, According to the bill, repeat offenders could face 20-year sentences.
The Minnesota chapter of the Associated General Contractors is keeping an eye on the legislation, according to Dan Hannan, AGC-Minnesota’s
Dan Hannan, AGC-Minnesota’s safety director, said the state group is concerned that the bill could extend criminal liability to foreman, “That is kind of a scary thing,” he said. Hannan said the bill reflects a desire in the Obama administration to emphasize enforcement over “compliance-assistance” efforts.
The legislation has been introduced before, without success. Hannan speculated that it could have a chance to succeed this time around because With “workers dying in underground mines, oil rigs – you never know,” he said. “It may stand a fairly good chance of passing.”
Minnesota OSHA receives half its funding from the feds, Hannan noted, “so they have to, to a certain degree, fall in line with their direction and Opposition to the measure is by no means universal in the industry. Terry Hukriede, regional safety manager for St. Louis Park-based contractor Adolfson & Peterson Inc., said, “We don’t have any problem with it at all. It’s long overdue.” As for concerns that financial penalties or prison time would make drive safety concerns underground, Hukriede replied, “If it’s a real problem, you aren’t going to be able to be keep it a secret in the first place.”
Dan Penny, safety director for Carl Bolander and Sons, a St. Paul-based specialty contracting firm, said the stronger laws may not be so bad if If people are sloppy and negligent, “they should be stung,” he said.
In Washington, D.C., Aaron Albright, press secretary for the House Committee on Education and Labor, said a change in the law could slow the
But Turmail said OSHA’s system, which lets contractors abate citations by fixing OSHA-identified problems, works. Since the program was “Obviously, we’re not going to be happy until the fatality rate is zero,” he said. “But why reject 10 years of unquestioned success?” Stille said stiffer penalties could create safer environments, but the change also could hurt OSHA’s relationship with the construction industry.
“I would like to think employers are providing a safe work environment for their workers anyway because it’s the morally right thing to do,” she said.
Stille said her office is unprepared for the bill’s passage. The Madison office has eight workers covering 19 Wisconsin counties, she said. The bill
Jeff Parisi, president of Verona-based Parisi Construction Co. Inc., said adding potential prison sentences to work site violations will deteriorate “It’s a totally different ballgame if I have to have an attorney present when we talk about citations,” he said. (转自Finance and Commerce (Minneapolis)) |