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Increase in OSHA enforcement not happening in Oregon

By: Reed Jackson//November 29, 2012//

Increase in OSHA enforcement not happening in Oregon

Reed Jackson//November 29, 2012//

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By almost every measure, the federal Occupational and Health Administration has stepped up enforcement over the past six years. The numbers of inspectors, inspections and disciplinary programs all increased significantly, according to the agency’s annual enforcement summaries.

Meanwhile, the Oregon Occupational Safety and Health Division has scaled back its numbers of inspectors and inspections in recent years.

“Whatever happens on the federal level doesn’t necessarily translate to the same sort of thing here,” administrator Michael Wood said. “The news in Oregon is we had a tight budget stretch. We did fewer inspections last year than the year before.”

Nationally, OSHA conducted greater than 2,000 more jobsite inspections last year than in 2006. Over that span, citations increased by more than 15 percent.

But those numbers tell only part of the story. After President Barack Obama took office nearly four years ago, more money was devoted to OSHA enforcement. Federal penalties for first-time violations have doubled over the last three years. New programs, such as the Severe Violator Enforcement Program (with harsher penalties for repeat violators), were put in place.

Additionally, the Obama administration requested $50 million more from Congress so that 130 new OSHA inspectors could be hired. With more inspectors, more sites can be visited. And as enforcement has increased, the numbers of worksite injuries and fatalities have decreased.

Pressure has been put on state OSHA agencies to follow federal footsteps, said former OSHA attorney Bradford Hammock, who now serves as lead counsel for safety standards for national law firm Jackson Lewis. State agencies impose their own rules but must demonstrate that they are as effective as federal ones.

“OSHA enforcement is at historically high levels,” Hammock said. “In some states, as a result of that federal oversight and interest, you have seen more aggressive enforcement (than) you would have otherwise seen.”

In Nevada, for example, construction safety fines have increased by $2,000. For a time, federal OSHA inspectors accompanied Nevada OSHA inspectors on jobsite visits.

Contractors in Oregon are susceptible to the harsher penalties that stem from new programs like the Severe Violator Enforcement Program (though Wood says the program hasn’t made much of an impact locally). However, the state has not followed the federal agency’s lead in conducting more inspections. This is because of a budget shortfall, Wood said.

“It is true when the folks that are a part of the Obama administration came in they said they were going to refocus and rededicate their efforts on reinforcement,” he said. “But this is Oregon … we haven’t made similar penalties on the state level.”

Historically, Oregon OSHA has conducted between 5,000 and 5,500 inspections a year. In recent years, that number has dropped to around 4,000. The agency also has fewer inspectors nowadays.

In addition, Oregon OSHA has not increased its penalty amounts, despite repeated nudges from federal officials, Wood said. It has been able to keep fine amounts down by demonstrating program success, he explained.

“The feds have expressed concerns about penalty amounts, but we also have one of the most effective programs in the country by their evaluation,” Wood said. “If you look at our whole enforcement strategy structure, there’s no question we are effective.”

Local contractors have noticed the difference, said Cindy Regier, director of apprenticeship, safety and sustainability for the Pacific Northwest chapter of Associated Builders & Contractors.

“Oregon OSHA appears to have taken a different approach from the federal office,” she said. “For years, Oregon has worked toward achieving a balance between enforcement and prevention resulting in a safer environment for construction workers.”

Elsewhere, contractors have become concerned about federal OSHA’s increase in enforcement, said Hammock, who sometimes is invited by industry professionals to speak on the subject. He noted that it’s a different matter for each state.

“There are some different dynamics that occur at the state level,” he said. “They may be focusing their resources on other areas as opposed to enforcement.”

Oregon OSHA wants to conduct more inspections and hire more inspectors, Wood said. The agency hopes it will happen when the economy improves and state funding returns.

“We anticipate that bouncing up in the next few years,” Wood said. “Somebody will point to that and say, ‘Look, there is an unprecedented increase in enforcement.’ But it’s just the flow of the funding picture.”



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