We frequently see news reports mention OSHA investigations. But what exactly is OSHA?
OSHA stands for the Occupational Safety and Health Administration. It is an administrative agency created to encourage states to develop and operate their own job safety and health programs. OSHA also stands for the Occupational Safety and Health Act. The Act’s purpose is to provide for the general welfare of workers and ensure workers have safe and healthy working conditions.[1] The Act requires both employers and employees to comply with standards set out by OSHA. Some examples of what OSHA requires are:
- Wearing seat belts when operating vehicles or machines;
- Providing safe scaffolding and fall protection;
- Wearing goggles, hard hats, or fire resistant clothing;
- Using guards on tools with moving blades or large moving parts;
- Ensuring machinery has a kill switch;
- Providing adequate ventilation where fumes may be present; and
- Avoiding sparks near flammable materials.
The Act allows the agency to enforce its goals by conducting investigations. OSHA investigates accidents that occur at job sites to determine whether established safety protocols were followed. Importantly, the Act protects an employee’s right to report safety concerns without fear of losing his or her job. If it determines that safety protocol was not followed, OSHA may assess any of the following:
- Willful violations – Fine between $5,000 and $70,000;
- Repeated violations – Fine between $5,000 and $70,000;
- Non-serious violations – Fine up to $7,000;
- Failure to correct violations – Fine up to $7,000 per day;
- Willful violations causing death to an employee (first offense) – Fine up to $10,000 and up to six months imprisonment;
- Willful violations causing death to an employee (subsequent offense) – Fine up to $10,000 and up to six months imprisonment; and
- False statements, representations or certification – Fine up to $10,000 and up to six months imprisonment.[2]
If a company is fined for noncompliance, OSHA will follow up to check its progress toward compliance. For example, a 2005 fire and explosion at BP’s Texas City, Texas refinery caused 15 deaths and 170 injuries. OSHA initially fined BP $21.3 million. In 2009, OSHA checked on BP’s progress and issued 439 new citations with total fines of $87.4 million. OSHA publishes information about investigations and violations on its website at https://www.osha.gov/dep/ index.html.
OSHA investigations can be critical in evaluating job site injuries. It is sometimes difficult to prove that an employer’s acts caused a death or injury. While an OSHA violation is not enough, in and of itself, to prove negligence, an official document that blames the employer for our client’s injury is a powerful message. Juries have a difficult time disregarding such strong evidence and the existence of an OSHA violation is helpful in proving a personal injury or wrongful death case.
Written by*:
Jennifer Bruning
Approved by Francisco Guerra IV
WATTS GUERRA, LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
* This information is provided only to supply information and should not be received as legal advice. Legal advice is only given to persons or entities with whom Watts Guerra LLP has established an attorney-client relationship.
© Watts Guerra LLP 2015
[1] 29 U.S.C. § 651.
[2] 29 U.S.C. § 666.
