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OSHA Legislation in 2008
AGC is tracking a series of bills that would increase OSHA regulations and potentially cost contractors more money
By Tom Nicholson
 The Associated General Contractors of America is tracking federal legislation proposed this year to expand the reach of the OSHA to mandate higher penalties, expand whistle-blower protection and revise investigations of worksite fatalities and injuries.
AGC opposes the legislation, even as several bills are moving forward in Congress with major action expected in upcoming months.
The most comprehensive of the bills is the Protecting America’s Workers Act, introduced in both the U.S. House of Representatives and U.S. Senate by Sen. Edward Kennedy (D-Mass.) and Rep. Lynn Woolsey (D-Calif.).
The act proposes to increase civil penalties for OSHA violations to as much as $250,000 and sets a minimum penalty of $50,000 for a worker’s death caused by a willful violation.
It would also index penalties to inflation and revise provisions for victims’ rights, the jobsite posting of employee rights, investigations of fatalities and serious injuries and the right to contest citations and penalties, among others.
Bills to Watch
“There are seven or eight bills we are tracking,” says Kelly Knott, AGC director of congressional relations for human resources and labor. “They are especially contentious and have a tough road to pass.”
AGC calls the legislation unwarranted, pointing to ramped-up safety training programs that the construction industry has widely embraced and that have resulted in positive safety-record trends in recent years.
“AGC is against these bills, but that doesn’t mean it is against safety,” Knott says. “Increasingly across the industry we are seeing a change in attitude that a robust safety program is good not only for workers but also for bottom lines.”
But supporters in Congress, citing the recent high-profile mining fatalities at Sago, W.Va., and Alma, W.Va. last year, say the legislation will expand federal safety laws to protect millions of additional workers and provide stronger deterrents to bad actors.
"Across the industry we are seeing a change in attitude that a robust safety program is good not only for workers but also for bottom lines."
- Kelly Knott,
AGC Director of Congressional Relations for Human Resources and Labor |
"Every day, workers are facing dangerous conditions," says Kennedy. "This legislation expands the coverage of our safety laws to protect 8.6 million more Americans. It tells those who enforce our safety laws to get the job done, to investigate more cases, to be more accountable to the public and to correct job hazards. It also protects workers who speak up about unsafe conditions on the job, and it adds important new penalties for violating the law."
"It is true that there are some bad actors out there, but the vast majority of contractors do a good job of safety," says Knott. "We invite OSHA to work with contractors on safety issues instead of having a contentious relationship."
Potential Economic Impact
According to Knott, the economic ramifications of the proposed legislation is one of the chief concerns among contractors, Knott says. “The idea that a tragic accident could end up in court is worrisome for many contractors.”
Particularly worried about increased regulation are small- to medium-sized contractors, says Michele Myers, AGC associate director of safety and health services. “For small, family-operated companies with small budgets, the increased costs of compliance is a concern,” she says.
This month OSHA enacted a final rule that clarifies employers’ legal obligation to pay for employees personal protective equipment. Scheduled to go into effect in February, with compliance by May, the rule revises legislation enacted in 1994 after citations had been contested.
Education, Not Regulation
AGC is more amenable to negotiated rule-making that would avoid federally mandated safety legislation. “OSHA is not always the big bad wolf,” says Myers. In negotiated rulemaking, OSHA is conferring with the industry to revise legislation to require licensure of crane and derrick operators. The negotiations give stake-holders a hand in shaping proposed regulations.
Since 2003, the crane and derrick negotiations have been ongoing as OSHA and stakeholders try to hash out proposed legislation.
Federally mandated licensure opens up a Pandora’s box of budget concerns for many contractors.
“When you consider a weeklong training program that would cost $500 to $700, requiring employers to pay for lodging and travel expenses during training, then another $200 to $400 to take the certification exam, and meanwhile, the worksite is idle during this time, it really adds up for contractors,” Myers says.
AGC provides voluntary safety training programs for crane and derrick operators and “certification is not necessarily the answer,” she says. “We would prefer to see education over regulation.”
AGC has a host of safety education programs which it offers throughout the country, attracting contractors in droves, Myers says. In putting safety in the hands of contractors “they end up pushing themselves to get better at safety,” she adds.
Among the safety programs AGC offers are a crane certification program; safety management training programs; “Focus Four Hazards Training,” which covers falls, electric shocks, struck-bys and caught-ins, and many others.
“We try to keep OSHA abreast of what we do,” says Myers. “We would rather see OSHA work with an employer rather than write them up.”
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