OSHA’s been successful in cases where companies have been cited for ergonomic hazards. OSHA has been successful because most of the companies that it has cited have been found guilty and consequently fined. For example, OSHA cited Jax Utilities, a utility contractor based in Jacksonville, for subjecting employees to trenching hazards (OSHA, 2018). OSHA also cited Jax Utilities Management Inc. for failing to prevent water from collecting in the trench. The company, according to OSHA, knowingly exposed employees to inherent life-threatening hazards. OSHA further stated that the casualties and injuries experienced by employees were avoidable if Jax Utilities Management Inc. had used or put in place the required protective systems (OSHA, 2018). As a result, OSHA proposed a penalty of $271,606 which was later reduced to $135, 836.
Jasper Contractors Inc. was also cited and fined by OSHA for continually putting employees at risk of fatal injuries or death. Additionally, OSHA cited the Georgia based roofing company for ignoring safety and health laws. According to OSHA, of the 13 completed inspections at Jasper work sites since 2009, 24 violations such as lack of eye and fall protection have been found (OSHA, 2016). Recently, OSHA fined Jax Contractors Inc. $239,007 and $136,708 for violations at a working site in Orlando and Florida respectively. After successful settlement negotiations with OSHA, the fines were reduced to $143,404 and $82,025 respectively. According to OSHA, the company has a legal responsibility to protect and safeguard employees from any work-related risks and dangers (OSHA, 2016). The company further stated that the fines imposed on Jax Contractors Inc. were just and fair because the company’s approach towards the safety of the workplace is irresponsible and illegal. The above cases prove that OSHA has been successful in cases where companies have been cited for ergonomic hazards.
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I believe the feasibility of implementing an OSHA Standard for Ergonomics is high as a result of OSHA’s remarkable success with citations under the General Duty Clause. Having an OSHA Standard for Ergonomics is advantageous because OSHA will put in place reasonable rules and regulations. However, some sectors of the industry are concerned that OSHA will have too much power and control which may lead to misuse of power (OSHA, 2018). On the other hand, the guideline-setting process currently being undertaken by OSHA has benefitted the industry through the introduction of special programs such as the reduced requirement of paperwork, reduction of penalties, flexibility, and consultation. The mentioned programs under the current process have aided companies and firms in the industry. However, OSHA current setting has been criticized numerous times by the industry for having regulations that are costly (OSHA, 2018). Additionally, pro-worker groups and unions have criticized OSHA for failing to safeguard employees in various sectors adequately.
Lastly, the areas that OSHA should address in further guideline development include reduction of abatement costs. Companies cited by OSHA incur hefty fines that sometimes force them to close down business. Additionally, the period provided by OSHA to pay fines unfair to companies which do not have immediate funds. Another area that should be addressed by OSHA is employee engagement. OSHA encourages the engagement of employees in companies (OSHA, 2019). Although engaging employees is good for the development of relationships between management and employees, it may lead to disagreements because employees may be given too much control. To sum up, OSHA should revise some of its outdated standards such as the permissible exposure limits (PELs).
References
OSHA. (2016, April 12). Five times in one year, Jasper Contractors expose workers to dangerous falls, other workplace violations | Occupational Safety and Health Administration. Retrieved from https://www.osha.gov/news/newsreleases/region4/04122016
OSHA. (2018, March 7). U.S. Department of Labor Cites Jacksonville Utilities Contractor For Willful and Serious Safety Violations after Trench Cave-in | Occupational Safety and Health Administration. Retrieved from https://www.osha.gov/news/newsreleases/region4/03072018
OSHA. (2018, September 11). Ergonomics | Standards and Enforcement FAQs | Occupational Safety and Health Administration. Retrieved from https://www.osha.gov/SLTC/ergonomics/faqs.html
OSHA. (2019). Regulations (Standards - 29 CFR) | Occupational Safety and Health Administration. Retrieved from https://www.osha.gov/laws-regs/regulations/standardnumber/1910