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OSHA News Release
2003 - 03/11/2003 - Labor Secretary Announces Plans to Enhance Enforcement for Employers Who Defy Safety and Health Regulations
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National News Release   USDL 03-120
Tuesday, March 11, 2003
Contact: Bill Wright
Phone: (202) 693-1999
Labor Secretary Announces Plans to Enhance Enforcement
for Employers Who Defy Safety and Health Regulations

WASHINGTON, DC -- Employers who expose their workers to serious safety and health hazards and who continue to defy worker safety and health regulations, will be subject to an enhanced enforcement policy that Secretary of Labor Elaine L. Chao is unveiling today.

"The majority of employers in our country consider the health and safety of their workers a priority and strive to do their utmost to ensure their well being," said Chao. "Still, there are those who, despite OSHA's enforcement and outreach efforts, continually disregard their very basic obligations under the Occupational Safety and Health Act. This enhanced enforcement policy is meant for them."

OSHA's Enhanced Enforcement Policy will focus on those employers who have received "high gravity" citations. High gravity citations are issued when an employer's violations are considered to be at the highest level of severity.

The policy focuses on five specific areas that will be strengthened: (1) follow-up inspections; (2) programmed inspections; (3) public awareness; (4) settlements; and (5) federal court enforcement. This initiative impacts establishments that received OSHA citations with the highest severity of willful violations, multiple serious violations at the highest level of severity, repeat violations at the originating establishment, failure-to-abate notices, or a serious or willful violation associated with a fatality.

"No worker should be injured or killed on the job and no employer should ignore their responsibility to obey the law," said OSHA Administrator John Henshaw. "This policy will focus on the high gravity violators and will put more tenacity and teeth in our enforcement practices. Our goal is to assure compliance and a safe workplace for all workers."

OSHA is dedicated to assuring worker safety and health. Safety and health add value to business, the workplace and life. For more information, visit www.osha.gov.

(Editor's Note: Program highlights for each of these five areas follows this press release).
HIGHLIGHTS FOR OSHA'S ENHANCED ENFORCEMENT POLICY

(1)Follow-Up Inspections
  • On-site follow-up inspections at all establishments that received an OSHA citation with "high gravity willful violations, multiple high gravity serious violations, repeat violations at the originating establishment, failure-to-abate notices, or a serious or willful violation related to a fatality."

  • OSHA Area Directors may also conduct follow-up inspections at other sites to verify abatement of previously cited violations where there is reason to suspect abatement may not have occurred.

(2) Programmed Inspections
  • OSHA schedules programmed inspections based upon objective or neutral selection criteria through the Site Specific Targeting (SST) process. OSHA, through this initiative, will:
    • begin to record the name of the overall corporate entity during all inspections.

    • prioritize, within the primary and secondary SST list, all facilities under the corporate identity that has been identified as receiving high gravity violations.

(3) Public Awareness
  • For high gravity violations defined above, OSHA will mail a copy of the citation and notification of penalties to the employer's Corporate headquarters.

  • The agency will continue to issue local and national press releases on enforcement actions.

(4) Settlements
OSHA will include, as needed, the following provisions in high gravity violation settlement agreements:
  • Requiring employers to hire consultants to develop a process to change the safety and health culture in the facility.

  • Applying the agreement corporate-wide.

  • Including information on other job sites of the employer.

  • Requiring employers to report to OSHA any serious injury/illness that requires outside medical care, and consenting to OSHA inspections based on the report.

    • Including language that the employer consents to entry of a court enforcement order under Section 11(b) of the OSH Act.

(5) Section 11(b) Summary Enforcement Orders
  • As appropriate, OSHA will apply to Federal courts of appeal for orders summarily enforcing the citations under Section 11(b) of the OSH Act. This includes citations that have been settled or have otherwise become final order of the Occupational Safety and Health Review Commission.

  • In those cases in which an 11(b) order has been entered and the employer remains noncompliant, OSHA will seek contempt of court sanctions.

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This news release text is on the Internet at http://www.osha.gov. Information on this release will be made available to sensory impaired individuals upon request. Voice phone: (202) 693-1999.
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