Why Employer’s Need to Comply with All Laws
Employer failure to follow all safety and health laws drives workers’ compensation cost UP! It’s really a no-brainer. Cost containment is the single most important KEY to managing workers’ compensation costs. Employers work hard to assess, plan and implement policies designed to specifically lower costs.
Vigilantly following all regulations about safety and health doesn’t require any special input – all the employer has to do is comply. And, if any one is unclear about those rules for states they operate in, the United States Department of Labor Occupational Safety and Health Administration provides them at http://www.osha.gov/
As the following case study shows, it is counter-productive to violate health and safety laws and costs money.
The U.S. Department of Labor’s OSHA cited a Delaware company for alleged safety and health violations, proposing $63,750 in penalties. The company designs, engineers, manufactures and tests nuclear and non-nuclear pressure vessels, employing 30 workers.�
OSHA initiated its investigation in response to a complaint alleging unsafe work conditions. As a result, the company was cited with 33 serious violations, with a penalty of $61,250, and eight other-than-serious violations, with a penalty of $2,500.
A serious citation is issued when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard. In other words, a disaster waiting to happen. They include:
1. Fall hazards
2. Unsafe storage of flammable and combustible liquids
3. Unguarded machinery
4. Lack of welding screens
5. No caution signs
6. Lack of crane and sling inspections
7. Obstructed exits
8. Inadequate training
9. No safety restraints for compressed air hoses
10. Numerous electrical hazards
11. Failure to have a hearing conservation program
12. Failure to have a hazard communication program.
Other-than-serious-violations include blocked fire extinguishers, absence of ‘no smoking’ signs, company’s failure to take air samples to determine employee exposure to hexavalent chromium and the company’s failure to maintain required records.
“These violations leave the Delaware company’s employees vulnerable to workplace accidents that can cause injury and possible death,” said Domenick Salvatore, area director of OSHA’s Wilmington office. “The company is strongly encouraged to abate these hazards as quickly as possible.” (workersxzcompxzkit)
The company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.
Author Robert Elliott, senior vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: [email protected] or 860-786-8286.
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