Business Analysis of Occupational Safety and Health - Case Study Example

of Affiliation OSHA OSHA, or Occupational Safety and Health is an organization founded under the OSH Act of 1970 to improve worker place safety while reducing work related injuries and deaths. Its formation followed joint efforts of employers, employees, health and safety profusion, advocates and unions. OSHA’s mission is to “to assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.” Since its start up, OSHA has greatly improved workplace safety, lessening work-related injuries and death by a larger percentage. OSHA input in the working sector has seen the U.S employment doubled to over 130 million employees within the 7.2 or more worksites. The rate of recorded serious workplace illnesses and injuries has significantly dropped from10 per 100 employees in 1972 to about 3.5 per 100 employees in 2010. OSHA has a set of standards which cover the following cases: fall protection, asbestos, cotton dust, trenching, benzene, machine guarding, lead and blood borne pathogens. However, U.S still experiences many preventable fatalities and injuries linked to numerous hazards and unsafe condition that continue to exist within work places. This works serves to detail on OSHA fines, stricture and organization. OSHA fines Any individual operating in a construction or manufacturing industry should certainly be aware of Occupational Safety & Health Administration, or simply OSHA. OSHA exists to ensure safe working conditions as well as inform both the employer and employees, through citations, of the various regulations and standards that have supposedly been violated. It goes further to propose time limits for parties involved to correct the supposed hazards or, otherwise, they face the concomitant fines and penalties. Discussed below are some of the citations, penalties that they attract, and a case of Philadelphia building collapse where OSHA proposed some heavy fines to the responsible contractor (Hunter 12). In the event an OSHA officer discovers a violation that has a one to one linkage to job safety and health, but perhaps would not result to death or life-threatening physical harm, the maximum fine for this violation is $7000. Secondly, if the violation is significant to the extent that it may result to death or severe physical harm, and that the employer was aware of the violation, or should have been aware of the danger, the maximum proposed fine stands similar to the previous one at $7000. However, unlike the previous violation, the imminent dangers noted in the second case are cited and fined as grave violations. The third violation is referred to as willful violation. This is a mistake that the employer knowingly and deliberately commits. The employer either is aware that the activities make up a violation, or understands that a dangerous operation exists and hardly makes an effort to contain or rid it off. Depending on the degree of violation, the responsible employer is fined somewhere $50,000 to $70,000. Another violation that attracts fines is repeated violation. This is the infringement of any standard or rule, where, upon re-inspection, a violation of a regulation that had been previously cited is discovered. Repeated violations can attract fines as high as $70,000. Finally, failure to abate, or rather, failure to address any previously cited violation may attract civil fines of up to $7000 per each day after the expiry of the prescribed period of abatement (Shapiro 67). Aside from the above fines, there are those that emanate from employer’s insincerity or lack of decorum. For instance, upon discovery that an employer had in one way or the other falsified records, documents or applications, a fine of up to $10,000 and/or six months in jail upon conviction may be imposed. Failure to post OSHA requirements attract civil penalties to a maximum of $7000. Also, in the event that an OSHA official is assaulted, intimidated or hindered from carrying out their activities, the responsible party is subjected to a fine of not more than $5000 and/or three years jail term. Lastly, conviction of willful violation that caused the death of an employee could result to fines as high as $250,000 and/or six months jail term. In addition, corporate fines as high as $500,000 may be applied. A case in point of the application of the above fines is that that befell Griffin Campbell and Sean Benschop construction contractors. OSHA proposed approximately $400,000 in fines and subsequently issued “construction safety citation to Griffin Campbell and Sean Benschop” following violations in Philadelphia Centre City building that result in six deaths and 13 injuries. Campbell Construction and S & R contracting firms were accused of sacrificing worker and public safety by intentional disregard of demolition and safety basic. According to OSHA, this tragic accident would have been avoided if only the contractors adhered to demolition safety standards (Hunter 16). In this case, Campbell Construction Company was contracted to carry our demolition of a four-story building in Philadelphia, at 22nd and Market Street. The building ended up crumbling into Salvation Army thrift store killing those inside. Six people died, and thirteen others sustained injuries. According to the investigation carried out by officers from Philadelphia Districts Attorney’s office, Sean Benschop, who was subcontracted by Campbell to operate an excavator was found out to be high on drugs when carrying out the exercise. Benschop was convicted for involuntary manslaughter and reckless endangerment of life. OSHA, on the other hand, found Campbell Construction and S & R Contracting (Sean Benschop) to have willfully violated OSHA rules and standards. Following the announcement and citation of these violations, OSHA proposed maximum penalties for several grievous and willful violations that include failure to bring down the building from tip down, and allowing unsupported wall to stand more than one story high. OSHA, in its citation, proposed a fine of $313,000 for Campbell Construction, and a fine of $84,000 for S&R Contracting (Hunter 21). OSHA ORGANISATION Coverage In addition to covering some public sector employees and employers and workers within the 50 states and particular jurisdictions and territories under the federal authority, OSHA services cover most private employers and their employees. The said jurisdictions include the virgin island, District of Columbia, America Samoa, Puerto Rico, Guam, Wake Island, outer continental shelf lands and Johnston Island. Private Sector Workers OSHA extends it services to the majority of the private sector employees and employers in all the 50 states, the Columbia District and other U.S territories either through the federal OSHA or through OSHA approved state plan. Here, state plan include all the OSHA –approved health and safety programs implemented by individual states on behalf of Federal OSHA. Such is the case that the OSHA ACT encourages individual states to establish and implement their own job safety and health plans and prevents state enforcement of OSHA standards except on account of the state having an approved program. In all the states, OSHA approves and supervises all the plans and offer as much as 50% of the funding for each program. Presently there are 22 states with OSHA approved programs. These include Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington and Wyoming (OSHA NY, 2014). Federal OSHA extends its coverage to particular workers who have been purposely excluded from the state plan, for instance, those states with employees working within the military bases and maritime industries. Persons, and groups with complaint related to administration or operation of the state program are supposed to submit their complaint to the appropriate Federal OSHA regional administration (CASPA). Here, the regional administrator assesses such complaints and proper corrective measure is taken if the complaint is valid. State and Local Government Workers Employees at the local and state government fall outside the federal OSHA coverage, but enjoy the OSHA Act protection if they are employed in states that maintain an OSHA- supported state program. Rules governing OSHA also authorize territories and states to establish plans that cover only public sector (local and state government) employees. Under such cases, private sector employees and employers remain within the federal OSHA jurisdiction. One U.S territory and four additional states have OSHA supported state plans to cover public sector works only. These are: Connecticut, Illinois, New Jersey, New York and Virgin Islands. The federal government workers OSHA protection finds its application in all federal agencies. Here, the federal agency heads carry the responsibility of providing safe and healthy working environment for their employees. Although federal agencies are not fined by OSHA, the latter still monitors the former and conduct federal workplace assessment in response to employee’s reports of hazards. In all these cases, federal agencies are required to maintain a safety and health program which meet the standards set by private employers. Alliances OSHA has made alliances with other agencies with similar goals thus becoming more open organization that does a better job in reaching out to different stakeholders and the SH&E society. For instance, SSE, one of the affiliate agency, is said to be proud to have secured such an alliance which not only offered the OSHA staff the rare opportunity of being involved in the SH& E professional community, but also allowed the SH& E members to develop a dipper understanding of the wide-ranging capabilities offered with the agency that can effectively help them achieve workplace safety. OSHA also works closely to industry-specific groups, where it has effectively established, best practices, quality deliverable guidance documents, and a wide range web-based information resource. In doing this, OSHA has opened up room for ASSE members to participate in various editorial boards for e-tools and other resources they provide (Government Affairs 28). OSHA has successfully used its alliance staff to encourage and expand North American Occupational safety and Health (NAOSH). By creating over 30 meaningful events within the 25, plus states, OSHA has helped schools and employers address issues related to workplace safety, unlike many other previous events in the U.S. Additionally to the national alliance, OSHA works closely with ASSE chapters in four different regional offices. For instance, OSHA’s Region IV Office established an alliance with ASSE’s Chapter that deals in Mobile, AL, to advance healthy and safe work habits among technical students. Here, the alliance parties share the guidance offered, information and access to training resources, a factor that works to prepare young employees with regard to hazard recognition prior to leaving school and before they enlist in the U.S workforce (Government Affairs 28). OSHA MANAGEMENT OSHA forms a part of the United states Department of labor, and it is administered by an assistant secretary of labor for occupational safety and health. The OSHA’s administrator is answerable to the secretary of labor who essentially serves as a member in the cabinet of the United States president. As indicated in the management chart, OSHA’s topmost office is the office of assistant secretary which basically serves as the hub of all major communications. Under this office, we have two deputy assistant secretaries: one serves as the Deputy Assistant Secretaries of Labor for Occupational Safety and Health. Other senior management staff include the Senior Policy Advisor, Occupational Safety and Health Administration and the Chief of Staff, Occupational Safety and Health Administration. OSHA also maintains other offices that serve to implement its policies. These departments include: The Directorate of Administrative Programs (DAP) which maintains the following offices: Office of Administrative Services, Office of Human Resources, Office of Management Systems and Organization, Office of Program Budgeting, Planning and, Financial Management and the Office of Management Data Systems. Directorate of Construction (DOC) is the other department that also maintains other three offices namely: Office of Construction Services, Office of Construction Standards and Guidance and Office of Engineering Services. The next department is the Directorate of Cooperative and State Programs which holds the Office of Outreach Services and Alliances, Office of Partnerships and Recognition, Office of Small Business Assistance and Office of State Programs. Director of Enforcement Program is the next department and it constitutes the following offices: Office of Chemical Process Safety and Enforcement Initiatives, Office of Federal Agency Programs, Office of General Industry and Agricultural Enforcement Programs, Office of Health Enforcement and Office of Maritime Enforcement. Director of evaluation and analysis department on the other hand maintains three offices namely: Office of Evaluations and Audit Analysis, Office of Program Review and Office of Statistical Analysis. Directorate of Standards and Guidance the biggest department and it hosts ten affiliate offices that include: Office of Biological Hazards, Office of Chemical Hazards (Metal) Office of Chemical Hazards (Non-Metal), Office of Engineering Safety, Office of Physical Hazards & Others, Office of Maritime and Agriculture. Other offices are Office of Safety Systems, Office of Regulatory Analysis (Health), Office of Regulatory Analysis (Safety), Office of Information Quality and Paperwork Reduction and Office of Technological Feasibility (OSHA Office Directory). Directorate of Technical Support and Emergency Management is the second largest department as it holds 9 different dockets which include Cincinnati Technical Center Office of Emergency Management and Preparedness, Office of Ergonomic Support-Ergonomics Page, Office of Occupational Health Nursing, Office of Occupational Medicine, Office of Science and Technology Assessment, Office of Technical Programs and Coordination Activities, Salt Lake Technical Center, and Technical Data Center - Docket Office. Directorate of Training and Education is the other department that like the other departments maintains 6 dockets namely: Office of Training Programs and Administration, Office of Training and Educational Development, OSHA Training Institute, Office of Occupational Safety Training, Office of Occupational Health Training and Office of Construction Safety Training. The last department is the Directorate of Whistleblower Protection Programs (Formerly the Office of Whistleblower Protection Programs) that holds two affiliate offices. These are: the Office of Policy, Planning & Program Development and Office of Field Operations (OSHA Office Directory). OSHA Advisory Committees In addition to these offices, OSHA maintains advisory committees which serve explicitly as advisors to the secretary of labor and the assistant secretary of labor for occupational safety and Health on workplace safety and health issues. These advisory committee’s membership reflect a balance between employers and representatives of workers, and must also take in other professionals such as safety and health professionals, government officials, and members of the public. All committees take in comments from all individuals who show an interest. Currently, OSHA maintains five advisory committees namely: The National Advisory Committee on Occupational Safety and Health (NACOSH) that offers advises, make consultations and draw recommendations which are directed to the U.S. Secretaries of Labor and Health and Human Services (HHS)on issues regarding the OSH Act; The Advisory Committee on Construction Safety and Health (ACCSH), which serve to advise the Secretary of Labor on health standards, construction safety and other related matters (OSHA Office Directory). The other committees include: The Maritime Advisory Committee for Occupational Safety and Health (MACOSH), that functions as an advisory arm to the Secretary of Labor on issues related to workplace safety and health programs, policies and standards in the maritime industry; and lastly the Whistleblower Protection Advisory Committee (WPAC), which offers advisory and consultative services and also provide recommendations to the Secretary of Labor on ways to better the efficiency, fairness, transparency and effectiveness of OSHA’s management of whistleblower protections. Additionally, OSHA may establish temporary advisory committees to direct the agency on particular issues. Works Cited Hunter, Pan. OSHA Proposes Heavy Fines for Contractors in Philadelphia Building Collapse. Engineering news record. 11/25/2013, vol.281, issue 11, New York, N.Y: McGraw-Hill, 2013. Print. Shapiro, Sidney A., and Randy S. Rabinowitz. "Punishment versus cooperation in regulatory enforcement: A case study of OSHA." Administrative Law Review (1997): 713-762. Government Affairs. A Cooperative OSHA. Professional. June 2007. Print. OSHA Office Directory. Occupational Safety and Health. http://www.osha.gov/html/ Read More