b'Changes to the Field Operations Manual Average OSHA Fines to Increase GaryAuman W to see how the proposed legislation in HR 5663 isretain the services of an outside safety and health consultant. (A word to hile waiting eventually resolved (see Gary\'s Comer on p. 6), David Michaels,those of you who might fit this category: You may finathe retention that PhD MPH, administrator of the Occupational Safety and Health Admin of an outside safety and health consultant will be significantly more costly istration (OSHA), decided to move forward on his own agenda to issuethan the 20% penalty reduction you may be able to receive from the area amendments to the Field Operations Manual. When he announced hisdirector.) amendments April 22 in ato his regional administrators,The above restrictions on the authority of the area director are just the memorandumhe indicated that these changes would take effect over the next several"tip of the iceberg." Dr.has made other significant changes to Michaels months.Itis hard to gauge which of these changes are in effect nowavailable penalty reductions and the methods by which they are impleandwill be atfuture point,itclear that some of themented that will have even more significant impacts on the total penalty whichsomebutis being procedural changes are currentlyimplemented.assessed in any citation. Prohibition on informal conference considerationsChanges to the penalty structure One of the more significant changes is acreated by Dr. Mi According to Dr Michaels, these changes are intended to increase the prohibition. chaels to area directors concerning informal conference considerations.average penalty for aviolation from the current reported amount serious Dr. Michaels has restricted area directors to offer settlements of pendingof less than $1,000 to between $3,000 and $4,000. OSHA citations being discussed at an informal conference ofto aItosee how these changes in penalty structure and restrictions on up30%fail penalty reduction. To offer athan 30%, an area directorthe authority of experienced area directors to negotiate fair and reasonreduction greater must have the approval ofregional administrator.able settlements of pending cases will have any impact on the safety of the Dr. Michaels has also authorized area directors to offer an additionalthe American worker. Unfortunately, amendments to the Field Operations 20% reduction to employers with fewer than 250 employees who agree toManual do not have to proceed under the Federal Administrative Proway cedures Act, nor do they have to work theirthrough Congress. They literally take effect the day the administrator of OSHA announces them. Severe Violator Enforcement Program On18, OSHA unveiled its Severe Violator Enforcement Program, June which was announced through OSHA Instructwn CPL 02-00-149. This programisdesigned to apply to employers who have demonstrated indifference to their OSHA obligations bywillful, repeat, or failure committing "Iwas uV1.cev-taiV1. aboutto abate violations. ,A\\JllfVL&HCllll)what VV\\etalpv-od.uctsIfemployer is classified as aviolator, OSHA requires ansevere Ishould tAsefor- amandatory follow-up inspections following the is of citations A\'!mC:m:r:tr\'.f~suance -~~=~~~v-oofiV1.gpv-oject - butincreased corporate awareness of OSHA enforcement SHEETMETAL ,INC. after- talkiVlg withfederal -,~~~- corporate-wide agreements andcourt enforcement under SecADVANCED,It-.ad ation 11of the Occupational Safety and Health Act. (b) better- idea of what IThere are criteria in the instruction that limits the application of the 877-756-4890V1.eededaV1.dhow theyinstruction as itto willful, repeat, and failure to abate violators. applies could provide VV\\eAsyou can see, Congress and OSHA are bo hard at work to increase info@advarchsm.comth with pv-odtActs at arestrictionsavailability with regard to all employers in Chicago Heights, ILand enforcement v-easoV1.ablepr-ice."the U States. Unfortunately,incases both Congress and OSHA nitedmany are permitting political considerations to overshadow common sense. You canfor yourself how these changes will impact judgeyour busimembersproviding ness. All of our trade association\'sare committed to afor their,thatlonger be safe workplaceemployees but soonmay no enough. Regulatory enforcement does not always lead to practical safety. Unfortunately, employers who are already providing safe workplaces may find themselves spending thousands of dollars trying to fix things that are not really broken. 8Midwest ValuesBus inessResourcesNetworking'