Public Employee Press

OSHA chief calls for criminal penalties

Aggressive enforcement of safety laws plus stiffer fines and even criminal penalties on employers who endanger their workers' lives top the agenda of new federal OSHA chief Dr. David Michaels.

In a recent labor briefing, Michaels told of a worker's death on the job where the company was fined $175,000 for unsafe conditions but was hit with a $10 million penalty because the incident released pollution that endangered fish and crabs. The lives of working people should be considered at least as valuable as frogs, he said.

He charged that management treats U.S. workers as expendable and considers current fines as "just a cost of doing business." Penalties for unsafe working conditions must be raised to have a deterrent effect on employers, he said.

Michaels, who assumed the leadership of the Occupational Safety and Health Administration in January, spoke May 20 at a gathering sponsored by the New York Committee for Occupational Safety and Health and the New York City Central Labor Council.

Despite his impressive credentials and pro-labor background, he faces monumental challenges after the destructive underfunding and the "let business police itself" attitude of the Bush administration. The Obama administration has funded 100 additional inspectors, but OSHA has over 7 million workplaces to police.

The behavior of BP and Massey Energy, whose Upper Big Branch mine exploded April 5 and killed 29 West Virginia coal miners, are only the latest examples of deadly management negligence. On-the-job accidents kill 6,000 workers every year, toxic exposures take 50,000, and serious injuries hit over 2 million.Michaels has stepped up the campaign to enact criminal penalties so employers who endanger workers' lives know that they can do prison time.

Michaels also emphasizes prevention, calling on management to find and fix hazards and proactively involve workers and unions in implementing programs to avert occupational illness and injury.

Bush's lousy legacy

Pointing out that in two terms, the Bush administration enacted only one set of regulations on toxic chemicals, Michaels is working to expedite the process of setting standards for workplace practices and dangerous substances.

Michaels is also trying to improve the inadequate system that tracks workplace injuries. Electronic tracking would allow for examining the data and eliminating the hazards, he said.

The talk was one of many Michaels is giving as he travels the country, meeting with agency personnel, management and industry professionals, and the safety and health community, in an effort to bring all parties on board for the changes he envisions.