OSHA Ramping Up Efforts to Crack Down on Businesses


Chamber member Frost Brown Todd tells you what you need to know about the Occupational Safety and Health Administration (OSHA) and how it’s heightening efforts to bust businesses who aren’t complying with safety regulations. What’s been allowed to slide in the past may get your company in trouble by today’s standards:

Employers should be aware that the Occupational Safety and Health Administration (OSHA) has been loudly broadcasting to everyone who will listen that it is stepping up its enforcement efforts. As the assistant secretary of labor for OSHA, David Michaels, proudly announced in a recent speech, OSHA cited almost twice as many employers for egregious violations in the first quarter of 2010 than it had in all of the previous fiscal year, and OSHA also issued the largest fine in its history to British Petroleum.

Recent developments indicate that, if anything, Michaels understated the current trend at OSHA. Not only is OSHA more stringently enforcing its existing standards, it is also expanding its enforcement efforts under the general duty clause, and maximizing penalties for employers charged with safety violations.

If you need information on safety and ergonomic information (federal and state), I’d advise you to look into acquiring our popular Safety & Health Guide, authored by attorneys at Ice Miller.

One thought on “OSHA Ramping Up Efforts to Crack Down on Businesses

  1. Print on paper does absolutely nothing to prevent tragedies. They happen despite the best of intentions. However, it is truly tragic that Americans perceive that: 1) regulation is law–it is not, because it is not created by the legislative process; and that 2) regulation actually protects/benefits the person or group of persons described as the beneficiary of any given regulation. In actual fact, ALL regulation does is create an excuse for an (unconstitutional) administrative agency to fine a business for something deemed a violation. That’s the big con, folks. If, for instance, a person is injured within the scope of his/her employment and a bully organization like OSHA or MSHA steps in, the only thing that the agency does is collect money from the employer. That’s it. The person and his/her family is still responsible for pursuing damages in court. In otherwords, agencies create rules simply to be able to get what essentially are damages to perpetuate themselves without having to prevail in a negligence action against the employer in court. That’s ridiculous.
    It really is time for people, and particularly for business owners, to band together and adopt the mantra, “I will not comply”. Administrators cannot wield lawmaking authority AT ALL, according to the U.S. Consitution and the constitutions of the states. Legislative authority is vested only in legislatures. OSHA possesses no legitimate authority to compel anyone to do anything.
    The only reason that businesses have bowed to regulator-bullies during the past 100 years is the existence of a system built piece-by-piece (principally by allowing Supreme Court justices to amend the Constitution by substituting interpretations for the words in the Constitution), in which We the People no longer earn money of real, intrinsic value as payment for our exertions. Instead, we earn dollars, which now exist primarily in binary form. We’re even contemplating a transformation into a cashless society, which is the final step to complete the separation of individuals from control of their financial destinies, and subjecting our finances to supervisory oversight and social engineering. Therefore, although it is extremely uncomfortable to even contemplate, we all MUST transform our earnings into things of real value and possess them. We need to take steps to be able to disengage from state-administered utilities and to grow food for our families. We must exercise our Natural Right to keep and bear arms (the Bill of Rights is a list of promises that no authority of government–legislative (Congress), executive (President), or Judicial (the Courts)–may ever be used to infringe upon or interfere with ANY natural right). We must form agreements with friends and neighbors, expand those agreements to other neighborhoods, and to our coworkers and employers, etc. to resist and oppose regulator activity. Finally, we must reconnect with the thinking of the Founding Fathers. Freedom is worth the loss of all worldly possessions.
    No agency rule ever is submitted to or passed by Congress or a state legislature and therefore possesses NO authority. Only an act passed by a legislature and enacted by the signature of the President or a governor is law. I WILL NOT COMPLY.

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