Tech Environmental e-Newsletter
September 2010

OSHA FINES DOUBLE
UNDER NEW LEADERSHIP

In late 2009, David Michaels Ph.D., MPH became the Assistant Secretary of Labor for the Occupational Safety and Health Administration (OSHA). This appointment generated
a great deal of discussion among industrial groups and the health & safety community, and drew a range of reactions, from enthusiastic to wary. 

Dr. Michaels was previously a research professor at the Department of Environmental and Occupational Health at George Washington University. He is a prolific writer and the author of the book “Doubt is Their Product: How Industry's Assault on Science Threatens Your Health.” Michaels has been quite critical of OSHA in the past, and said before his appointment that the agency “badly needs a change in direction and philosophy.”

The New York Times called him “just the right man to steer the agency back toward an emphasis on protecting workers,” but critics expressed concerns that "a Michaels-run OSHA will be more interested in punishment and litigation than fair-minded regulation."

Under Dr. Michaels’ leadership, OSHA has set new records for enforcement penalties in high-profile cases. Egregious violation fines more than doubled under OSHA's new leadership. More noteworthy, however, is the agency’s increased desire to flex its enforcement muscles by issuing fines to companies nationwide for smaller violations.

Is your company prepared for a visit
from the OSHA inspector?

A Mississippi art-frame manufacturer was handed fines totaling more than $225,000 for failing to maintain a workplace free of combustible dust and neglecting to provide hearing protection for workers. An air-conditioner manufacturer in Houston was given a $1.2 million dollar fine for failing to properly document on-the-job injuries at its facility – a charge the manufacturer protested as stemming from “paperwork issues.”

After a worker at a Wisconsin grain company was buried up to his chest in soybeans for four hours, OSHA issued a $721,000 fine; similar cases in previous administrations may have only prompted a revision of safety regulations. It is clear that under Dr. Michaels’ leadership, OSHA is focused upon, as he puts it, “changing the way the nation thinks about workplace safety” through the identification of violations and the issuance of subsequent penalties.

A recent article in Occupational Health & Safety magazine headlined “OSHA Rings Up $4 Million Day” noted, “Announcing a $3 million fine against one employer and $1.2 million against another, the agency continues to come down hard on violations even when no fatality is involved.” OSHA wants to achieve changes in safety culture at companies it penalizes, but it also wants to create change throughout entire industries: “We are putting these employers on notice,” Michaels said with regard to the effects he hoped the Wisconsin soybean fine would have on the grain industry at large.

Rather than spend dearly needed capital paying fines to the federal government, companies ought to invest the time and resources now to make sure that their facilities are taking the necessary steps to ensure worker safety.

Tech Environmental has helped a wide variety of businesses demonstrate compliance with worker health & safety guidelines for air quality, odor, noise, and dust concerns.

For more information on Tech Environmental's health & safety services, contact Dr. Dana Buske at dbuske@techenv.com.

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REAL SOLUTIONS:
OSHA COMPLIANCE

Tech Environmental has helped a wide variety of companies comply with OSHA health & safety regulations.

Fugitive/Explosive Dust: Tech helped a New Hampshire power company respond to a warning letter from OSHA regarding fugitive dust and potentially explosive conditions. Tech performed tests to demonstrate to OSHA that the situation was not a concern, but also helped the company take further steps to protect its workers.

Occupational Noise: A multi-thousand square foot paper plant with hundreds of noise and vibration sources needed help addressing worker noise concerns. Tech studied noise dosimetry down to the individual level and provided site-specific engineering solutions, along with personal protective equipment (PPE) recommendations.

Volatile Organic Compounds: A consumer-products manufacturer was performing roof repairs and wanted to ensure that indoor air quality at its facility would not be adversely affected. Tech tested VOC levels and recommended mitigation measures to protect against adverse health impacts.

Indoor Air Quality: Tech helped a gas station and convenience store address concerns from its workers about indoor air quality. Previous assessments had been inconclusive, but Tech identified and eliminated the source of poor-quality air, putting to rest worker complaints.

Laser Safety: Powerful Class IV lasers were in use at a Mass. manufacturing facility that manufactures gauges and monitoring devices. Tech performed a full laser safety evaluation and helped the facility meet the complex regulations for the installation, operation and service of lasers.

FOCUSED KNOWLEDGE:
STAFF SPOTLIGHT

Dr. Dana C. Buske is an environmental scientist who works with institutional and industrial clients, helping them respond to health and safety concerns, protect worker health, and achieve compliance with OSHA regulations.

Dr. Buske's chemistry background and air quality expertise gives her the tools to address a variety of industrial concerns regulated by OSHA. She has extensive experience solving indoor air quality, mold, and VOC problems. She has also helped companies address occupational noise issues and utilize the appropriate personal protective equipment (PPE).

Prior to joining the staff at Tech Environmental, Dr. Buske conducted research in organic chemistry at the Massachusetts Institute of Technology and Cornell University.

Dr. Buske can be contacted at (781) 890-2220, extension 29, or by email at dbuske@techenv.com.