Masonry Magazine December 1998 Page. 12
Mystery of OSHA Continued from page 10
10% Experience Record
Employers receive a 10% reduction if they have not received any violations within the previous 36 months.
Conclusion
It appears our mystery may have been solved. OSHA received its authority from Congress to reduce occupational injuries, illnesses and fatalities. The site was inspected, most likely, due to an employee complaint or the special emphasis program on silica. The penalty was assessed based on the gravity of the violation. But, have we merely unlocked the door to new mysteries? If OSHA is driven in part by political forces, Congress, Employer Groups and Employee Organizations, what impact will their actions have on future regulations? What about the statistics? OSHA's strategic plan has set injury, illness and fatality reduction goals over the next five years. What changes must OSHA enact to meet these goals?
A re-invention of OSHA has begun. Partnerships are being formed with industry. Attempts are being made to work with employers to reach new goals. OSHA reform legislation is maintaining pressure on OSHA to live up to their promise to cooperate with business. New programs such as the "Construction Focused Inspection," which attends to the major hazards avoiding frivolous penalties and innovative penalty reduction pilots are proof OSHA is changing. Members must support the Association to remove the mystery. Watching the trends in injury and illness statistics, participating in legislative conferences, submitting comments to OSHA on proposed rules, and communicating with the Association on OSHA concerns in your area will help shape the future and remove the mystery.
Editors note: Joseph O'Connoris Executive Vice President of Intec Inc. He currently serves as a national representative for various employer organizations participating in OSHA-ACCOSH work groups and ANSI committees.
K.I.G.
GLASS
BLOCKS
• UL CLASSIFIED
• WIDE VARIETIES OF
SIZES AND PATTERNS
• CRYSTAL CLEAR
• LOWEST PRICES
• COMPLETE STOCK
IMMEDIATE DELIVERY
KOMODO
INTERNATIONAL
A KEDAUNG GROUP'S COMPANY
CALL (800) 601-8889
FOR DISTRIBUTION LOCATION
IN YOUR AREA
Orlando
APPROVED STATE PLAN STATES
Alaska
Arizona
California
*Connecticut
Hawaii
Indiana
Iowa
Kentucky
Maryland
Michigan
Minnesota
Nevada
New Mexico
*New York
North Carolina
Oregon
Puerto Rico
South Carolina
Tennessee
Utah
Vermont
Virgin Islands
Virginia
Washington
Wyoming
*State Plan Covers
Public Employees
Only
Figure 1
Figure 2
VIOLATION | DESCRIPTION | PENALTY RANGE
------- | -------- | --------
Other than Series | Violation that would probably not cause death or serious harm, but could have a direct affect on the safety or health of employees. A group of other than serious may be cited as a serious violation | $1,000-$7,000 for each violation
Serious | Violation where substantial probability of death or senous physical ham could result | $1,500-$7,000 per violation
Wilful | Violation where the employer was deliberate, voluntary, or intentional in violation of a standard. Malicious intent is not necessary to prove a willful violation | up to $70.000 per violation & $7.000 for each day it remains, after the time for comection
Repeated | Infraction that occurs within 3 years of original citation | up to $70.000 per violation & $7.000 each day it remains after conection date
Failure to Correct | Failure to correct a prior violation | $7.000 each day it continues beyond the abatement date
General Duty Clause | Citation used for a hazard that exists in the workplace for which no specific standard exists (Section 5 (a)(1) of the OSHA Act) | charged as a serious or willful violation.
Posting | Violation of posting requirements | up to $7,000 per violation, usually $1,000 per missing notice (except OSHA notice)
Penalties shown are the maximum. OSHA has established a scale for assessment of penalties based on severity and probability)
MASONRY
EXPO
MCAA CONFERENCE & MASONRY EXPO
P17-00, 1900
12 MASONRY NOVEMBER/DECEMBER, 1998