Masonry Magazine June 1972 Page. 27
OSHA informa
Current Information
Relating To The Occupational
Safety and Health Act
by
Lawrence P. Sands
Robert L. Wilson
STANDARD OSHA PENALTIES SET
The following standard penalties have been set by the Occupational Safety & Health Administration for violations reported by Compliance Officers:
* Failure to post the "Safety & Health Protection on the Job" poster-$50. This poster is the centerfold in the Department of Labor's "Recordkeeping Requirements" booklet.
* Failure to post OSHA Form 102-$100. This form must be posted in your main office and on any of your jobs that were in progress during 1971.
* Failure to post a citation-$500.
* Failure to report a fatality or accident hospitalizing five or more of your employees-$200.
* Failure to maintain the Accident Log (OSHA Form 100) in the main office or on the job-$100.
* Failure to maintain OSHA Form 101 (or insurance company first report of injury equivalent)-$100.
As a result of many complaints regarding a lack of standard penalties, we can look for more "standard" penalties to be set for common violations in the future. Remember, serious or non-serious violations can still be assessed with fines of up to $1,000 per violation.
OSHA INSPECTIONS INCREASE
During the first nine months of the Government's fiscal year, 20,000 establishments employing 4 million persons were inspected by Department of Labor Compliance Officers. Compliance with OSHA regulations were found in only 23% of the establishment, and 16.370 citations were assessed covering more than 63,000 alleged violations with fines assessed over $1,000,000.
CONGRESS TAKING SECOND LOOK AT OSHA
One hundred House bills and two Senate bills have been introduced in the 92nd Congress to soften the impact of OSHA's regulations. Senate Bill 3262 would exempt employers of less than 25 employees from OSHA requirements. As a result of company complaints, "oversight" hearings have been called to investigate common complaints from business. Lawmakers and congressional observers, however, see little likelihood of much softening of the Act. But new directive should be forthcoming from the Labor Department to the enforcement division to "ease up" on noncritical violations and concentrate on more serious violations that will accomplish the original purpose of the Act which was to create a safe and healthful workplace.
OSHA COMPLIANCE COST TO BE CONSIDERABLE
Five months ago an Iowa contractor's bid for a sanitary sewer was 64% higher than the city had estimated. A consulting engineering firm was called in to investigate. Their findings were that some of the increase was because of higher union wage rates than the city had estimated. However, compliance with the new safety law would add up to 30% to their bids in the future. A recent survey indicated the cost could run as high as $300 per employee, and the cost to some companies as high as $89,000. The overall cost will run into the billions of dollars. OSHA's budget for fiscal 1973 was set at $67.5 million, a $30 million increase over fiscal 1972.
All MCAA members having questions concerning OSHA or desiring information relative to the Act, should write MCAA, OSHA Information, 208 S. LaSalle St., Chicago 60604, and the authors, Sands and Wilson, will be more than pleased to assist you.
masonry
June, 1972
About The Authors
LAWRENCE P. SANDS is Assistant Vice President-Technical Services, Fred S. James & Co., Chicago, insurance consultants to MCAA. Mr. Sands is a graduate of West Virginia University with a degree in industrial management. He formerly served as senior safety engineer and loss prevention account representative for Liberty Mutual Insurance Co. and was pilot plant equipment operator for the U.S. Bureau of Mines.
ROBERT L. WILSON is Corporate Director of Safety for Fred S. James & Co. A graduate of the University of Notre Dame with a degree in commerce, Mr. Wilson has held various accident prevention and safety supervisor posts with such firms as the Dravo Corporation, Toona Inc., Liberty Mutual Insurance Co., Harrison-Shields Inc., and Fort Pitt Mfg. Co.
Both men hold memberships in the Motor Carriers Safety Council, American Society of Safety Engineers, National Safety Council, National Safety Management Society and American Trucking Association, have completed certified courses in fleet loss control, product liability and an explosive and blasting procedures, and are rated as certified instructors in construction with the U.S. Department of Labor.
INFORMATION PAMPHLET, "WHAT YOU SHOULD DO ABOUT OSHA"
For your free copy of an informational pamphlet of what you should do about OSHA, write to Safety Director, Fred S. James & Co., 230 W. Monroe St., Chicago, III. 60606. These helpful hints answer many of the most often asked questions relating to "What Can I Do to Prepare for this New Law?"
SHOULD YOU APPEAL AN OSHA CITATION?
You have 15 working days to appeal an OSHA citation. If you fail to exercise your right of appeal within this time limit you lose all your rights of legal remedy. It is therefore
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