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About Northwest labor press. (Portland , Ore.) 1987-current | View Entire Issue (April 16, 2010)
April 16, 2010:NWLP 4/13/10 10:04 AM Page 13 Pursuing the ‘worst of the worst’ Federal OSHA to roll out new enforcement program WASHINGTON, D.C. (PAI) — The federal Occupational Safety and Health Administration (OSHA) will roll out a new program to identify and pursue what might be called “the worst of the worst” companies in failing to care for their workers’ safety and health. Details about the Severe Violators Enforcement Program (SVEP) are lacking, but top agency officials dis- cussed it briefly during an April 7 on- line dialogue with reporters, workers and businesses. The online chat cov- ered the draft version of OSHA’s six- year strategic goal and outcome blue- print. “The new program is aimed at em- ployers who have demonstrated recal- citrance or indifference to their obliga- tions” under the law, Tom Galassi, the agency’s acting administrator for en- forcement, told one questioner. “Em- ployers will be able to get off the list by demonstrating improved safety and health performance.” There will also be “changes in our penalty calculation method, to result in higher penalties,” OSHA Deputy As- sistant Secretary Richard Fairfax added. Both promised the changes would be announced in the near future, and certainly before the final version of the agency’s six-year strategy is re- leased in September. OSHA’s emphasis on the worst of the worst and on tougher enforcement in general is in marked contrast to OSHA’s actions — or lack of them — under the Bush Administration. It’s also in line with Labor Secretary Hilda Solis’ repeated pledge to union audi- ences that “there’s a new sheriff in town.” Under Bush, the agency concen- trated on its “voluntary protection pro- gram,” working hand-in-glove with in- dustry on advising companies on workplace safety. Workers and unions were virtually shut out. Companies in the VPP effort generally escaped in- spection and enforcement, unless a worker died on the job. But OSHA per- sonnel are being shifted from there to enforcement, agency officials told sev- eral questioners, including those who argued for more VPP emphasis. “We will be working closely with our stakeholders to identify new or al- ternative funding sources,” for VPP ef- forts, said Steve Witt, the agency’s di- rector of cooperative programs. One such alternative might be charging companies fees for using OSHA serv- ices in the “voluntary” effort, he said. “In the meantime, we will be shift- ing field inspection staff from VPP programs to enforcement activities be- cause the need in that area is particu- larly great ... OSHA resources need to be focused on employers who don’t APRIL 16, 2010 understand the importance of protect- ing their workers, particularly small employers,” Witt added. While federal OSHA plans to in- spect more than 40,000 workplaces this year — not counting states such as Oregon and Washington, which do their own inspections — its 110 new inspectors are still being trained, Fair- fax conceded. “Consequently, inspec- tion numbers from these additional compliance officers will impact in- spection numbers in 2011 and 2012,” he said. Those numbers were disclosed on- line. OSHA’s draft strategy for the Ombudsperson can assist with workers’ comp questions SALEM — Have you been hurt on the job, or do you know someone who has? If so, call Oregon Workers’ Compensation Ombudsperson Jen- nifer Flood in Salem for guidance in the complex world of the state’s workers’ compensation insurance system. The ombudsman’s staff can pro- vide straight answers at no charge in the areas of workers’ comp claims, appeal rights, claims deposition agreements, claim closures, determi- nation orders, reconsiderations, ag- gravation rights, conflict resolution and informal mediation. Flood can be reached toll-free at 1-800-927-1271, from Portland at 503-378-3351, or by e-mail at oiw.questions @state.or.us. next six years was short on specific goals. It had no numbers at all. Union job safety specialists told Congress on March 16 that more en- forcement is fine, but that it doesn’t make up for the small fines and short prison terms for violators, now in the Occupational Safety and Health Act. Lawmakers are considering the Protect America’s Workers Act (PAWA), to beef up OSHA’s fines and to make ac- cidents that kill or seriously injure workers felonies punishable by five years (first offense) or 10 years in jail. “The penalties proposed by PAWA are very modest,” said Change To Win Health and Safety Coordinator Eric Frumin. “However, updated penalties and criminal sanctions will begin to give inspectors and prosecutors essen- tial tools they need to more effectively deter abusive employer conduct.” AFL-CIO Safety and Health Direc- tor Peg Seminario said the move to en- hance enforcement is welcomed. “But they are not enough and cannot address the deficiencies in the act itself. Con- gressional action is needed.” OSHA’s fines, now a maximum of $7,000 per serious violation and $70,000 per repeat and willful viola- tion, haven’t risen in 20 years. The agency often negotiates them down- wards. By appealing fines and delay- ing judgments, firms continue to oper- ate with the hazards OSHA inspectors identify. Only when a worker is killed on the job can company officials face charges: a misdemeanor with a maxi- mum six-month term. Besides more jail time, PAWA would raise the fines to $12,000 and $120,000, respectively. Former Labor Press editor helped pass workers’ comp law in Oregon Former Oregon Labor Press Editor William A. Marshall was considered “the godfather” of Oregon’s workers’ compensa- tion law. A member of the Multnomah Typo- graphical Union No. 58, Marshall helped push through a law to provide compensation to injured workers and widows and orphans of those fatally hurt. In 1912, Gov. Oswald West appointed Marshall to the first State Industrial Accident Commission, where he served until 1927. In that job he became known nationally as an authority on what at that time was referred to WILLIAM MARSHALL as “workermen’s compensation.” Later, he was appointed an administrator in Seattle of the federal job-injury compensation program for long- shoremen and harbor workers. William Marshall died in Seattle in 1963 at age 88. Zachary Zabinsky • Social Security • SSI - Disability Claims Personal Attention To Every Case Working For Disability Rights Since 1983 NO FEE WITHOUT RECOVERY 621 SW Morrison, Portland 503-223-8517 JOB OPENING Executive Director Labor’s Community Service Agency, Inc. Full time (40+ hrs. per week), Starting Salary: $52,000 to $60,000 annually, DOE Application Deadline: Friday, April 30, 2010 at 5 p.m. N i c k F i s h f o r C i t y C o u n c i l “It is an honor to stand with working families on the issues we care about: family wage jobs, health care for all, and justice in the work place.” Nick Fish Labor’s Community Service Agency, Inc. (LCSA) is 501(c)3 non- profit organization funded by United Way of the Columbia-Willamette and State and Federal grant dollars. LCSA is seeking an experienced, visionary individual to effectively manage its personnel, financial re- sources, and community-based programs. Candidates will possess ex- perience with non-profit fiscal, program, and grants management. Preference will be given to those with an organized labor background, workforce development systems and programs experience, fundraising experience, personnel management and training, and strategic plan- ning. Endorsed by: • AFSCME Local 189 • Columbia Pacific Building Trades • Laborers Local 483 • Northwest Oregon Labor Council • Portland Firefighters’ Association • Portland Association of Teachers • SEIU Local 49 • UFCW Local 555 • Teamsters Joint Council No. 37 w w w . n i c k f i s h f o r p o r t l a n d . c o m NORTHWEST LABOR PRESS Please submit resume, cover letter, and separate page listing three references to: NW Oregon Labor Council, AFL-CIO 2110 SE Madison, Suite 100D Portland, OR 97214 No phone inquiries, please. For a complete job description, go to the NW Labor Press Web site at: www.nwlaborpress.org. Labor’s Community Service Agency, Inc. is an equal opportunity employer. PAGE 13
