b'Garys CornerupdateGary Auman, MRCA Legal CounselOSHA Activities and Enforcement: enforcement. While you continue to take a very soft Avoid the Penalties approach to safety enforcement, OSHA is stepping up enforcement activities and increasing the amount of the Electronic Filing fines and penalties they are levying against companies In May we reported a change by the Occupational Safetyfor safety and health violations. Recently Fuyao, an and Health Review Commission (OSHRC) concerning theauto glass manufacturer in my own backyard, Dayton, electronic filing on Notices of Contest. The notice fromOhio, was fined $724,389 for exposing employees to the OSHRC made it appear that all Notices of Contest filedmultiple safety and health hazards. There were certainly after June 10, 2019 would have to be filed electronically ifreasons for the number of citations and the amount of the employer or the employers representative had alreadythe fines. Having said that, I would also like to point established itself under the electronic filing proceduresout that the Acting Regional Director of OSHAS Region of the OSHRC. At first I hesitated to bring this to ourV, which is headquartered in Chicago, went further members attention because in the forty plus years I haveto drill in on the responsibility of employers to make been counseling and representing employers in OSHA andsure their employees understand ALL safety rules and workplace safety matters it has been clear that the OSHRCcomply with them. Bill Donovan, the Acting Regional does not have jurisdiction of a case until after the NoticeAdministrator stated that This companys repeated of Contest has been filed. However, so as to be sure thatfailure to implement and enforce safety and health our members and my other clients made timely filingsprograms at the workplace is unacceptable. Employers of their Notices of Contest, I advised that they continuemust continually evaluate their facilities for hazards, to mail the Notice of Contest (NOC) to the Area Directorand train employees and managers to use proper safety who issued the citations, but also electronically file thecontrols and equipment to keep their worksites safe and NOC with the OSHRC if they had established an electronichealthful. When you couple this with the language used filing profile with the OSHRC. In this way, the employerby OSHA on October 11, 2018 when it slightly relaxed the would make sure it effectively filed its NOC. Recently, afterexisting prohibitions against mandatory post-accident more digging, we have determined that the NOC doesdrug testing and rate based incentive programs, you can not have to be electronically filed with the OSHRC to beclearly see that OSHA believes a strong safety culture effective. As I felt at the outset, the OSHRC does not getwith an employer is evidenced by effective training and jurisdiction of an NOC until after the Area Director hasconsistent and objective enforcement of safety rules. I forwarded the NOC to the Solicitor for the Department ofthink Mr. Donovans comments send a clear message Labor and the OSHRC. So, we can all go back to the pastto employers in Region V that OSHA will be looking at practice we employed to file an NOC. Electronic filingtraining and safety enforcement when it considers how to will come into play now on all contested cases.effectively deal with an employer following an inspection during which safety compliance violations were noted. Safety Enforcement Having said all I did in the preceding paragraph, I want If any of you have heard me speak on safety andto remind you that my comments in this article and others OSHA compliance, you have heard me say, EnforcementI have written, and will write in the future, are focused on of your safety rules is essential to demonstrating thatemployee safety, not on avoiding citations and/or keeping you have an effective safety culture and that safety isfines and penalties low. However, having an effective a cornerstone of your business. I have repeated theseenforcement program in your company is essential to same comments to those of you who have participateddefeating citations based on unpreventable employee in our ELITE Safety Recognition Program. As I continuemisconduct and demonstrating your commitment to to get involved in one way or another with the defensesafety to regulatory authorities.Having interviewed of OSHA citations received by my clients, I am findingmany employees in various industries in the past forty that many of you are still giving lip service to safetyplus years, I can assure you that if you only orient your 8 www.mrca.orgMidwest Roofer'