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OSHA News Release
2003 - 12/08/2003 - Statement By OSHA Administrator John Henshaw On Appeal Of OSHRC's Decision |
OSHA News Release - Table of Contents |
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National News Release USDL-03-866 December 8, 2003 Contact: Bill Wright Phone: (202) 693-1999 Statement By OSHA Administrator John Henshaw On Appeal Of OSHRC's Decision
WASHINGTON -- OSHA Administrator John Henshaw today released the following statement regarding the agency's appeal of a ruling that could block its ability to issue egregious citations against the worst violators of workplace safety rules: "OSHA has appealed a decision that could harm its ability to protect worker safety and health. When an employer commits especially flagrant violations of its requirements, OSHA has a longstanding policy of citing each instance of the violative conduct. In the case we have just appealed, however, the independent Occupational Safety and Health Review Commission held that Eric K. Ho, an employer who failed to provide protective equipment or training to 11 workers exposed to asbestos committed only a single violation of OSHA personal protective equipment and training requirements. We are asking the United States Court of Appeals for the Fifth Circuit to reverse that decision. "OSHA is committed to doing everything in its power to promote safe and healthy workplaces. The egregious policy that we are defending in this case allows strong enforcement measures against particularly irresponsible employers, like Ho, who blatantly ignore their obligation to protect their workers, and knowingly subject the workers to serious hazards. In our appeal we will make clear that the Commission decision would prevent us from providing the protection Congress intended to workers employed by this minority of irresponsible employers. "In accord with agency policy, the citations charged that Ho violated OSHA's training and protective equipment standards 11 times each, once for each worker he failed to protect. Ho challenged the citations before the Commission, and an administrative law judge upheld them. This fall, however, on review of the ALJ's decision, the full Commission held that Ho was only liable for a single violation of each of those standards, regardless of how many workers he failed to protect. It reduced the proposed penalties for these violations by more than 80%, from $858,000 to $140,000. "OSHA believes strongly that the Commission decision is wrong. OSHA issued "instance-by-instance" citations in this case because of Ho's egregious conduct. Ho took absolutely no action to protect his workers, and failed even to tell them of their exposure to asbestos. When the state of Texas ordered Ho to stop work because he was also violating its requirements, Ho's only response was to perform the work at night, with the building locked, so he would not be discovered. The effort to avoid detection failed when a gas explosion seriously injured three workers. The explosion was caused by Ho's order to open a valve, even though he did not know what the valve controlled. "This case began on September 3, 1998, when OSHA charged Eric K. Ho with 28 willful violations of the Occupational Safety and Health Act and its asbestos standards, and proposed civil penalties totaling nearly $1.5 million dollars. Ho's violations included assigning workers to remove fireproofing at a building in Houston, Texas, without telling them that the fireproofing contained asbestos, without training them to remove it safely, and without providing them with protective clothing and respirators." 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. ### U.S. Labor Department releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format upon request (large print, Braille, audio tape or disc) from the COAST office. Please specify which news release when placing your request. Call (202) 693-7773 or TTY (202) 693-7755. |
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OSHA News Release - Table of Contents |
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