b'Continued from page 37 Garys CornerNew Willful Definition and other OSHA Developmentsupdate Gary Auman, MRCA Legal Counselof a willful violation has gone up considerably.safety seriously 100% of the time! Just having a safety Second pre-quals and ISN Net World look at seriousenforcement program is not enoughYOU HAVE citations as cause for preventing your bids on many commercial and industrial contracts. Third, rememberJust having a safety that a fatality that results in a willful violation can lead to criminal charges. As far as the companyenforcement program is not safety enforcement program in the Stark case the Court has taken a very hard line in stating what itenough - YOU HAVE TO ENFORCE IT!will not accept from an employer who tries to use its enforcement program to defend a citation using unpreventable employee misconduct. In addition asTO ENFORCE IT! Now not only is it necessary to be the Review Commission uses safety enforcement asable to use the unpreventable employee misconduct an indicator on the how an employer treats the safetydefense and to prove that you are a reasonably of its employees. Finally, so not forget, even if yo areresponsible employer, but also as an added defense to based in a state OSHA state, when you are workinga willful classification, at least in Illinois, Indiana and in a federal OSHA state, you are governed by federalWisconsin!OSHA. While this decision affects employers in the states I have listed, it may be expanded to other courtsTake advantage of a great MRCA member benefit-complimentary of appeal in the future. legal advice on OSHA-related issues from MRCA Legal Counsel I mention this to underscore the need to takeGary Auman. Contact Gary at GWA@dmfdayton.com.Serving Upthe IndustrysBest Classified AdsSince 2002Order One Today!www.rooferscoffeeshop.comwww.mrca.orgMidwest Roofer 39'