ABC - ABC Opposes Increased Penalties for Protective Equipment Violations

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ABC OPPOSES INCREASED PENALTIES FOR PROTECTIVE EQUIPMENT VIOLATIONS (09/24/2008)

ABC Sept. 18 filed comments with the Occupational Safety and Health Administration (OSHA) expressing concerns regarding a proposed rule that would allow employers to be held liable on a per-employee basis for failing to provide the proper personal protective equipment (PPE) and training to workers.

ABC noted in its comments that it supported the spirit behind the rule, but could not support the rule because it failed to define the circumstance in which an employer would be subjected to the per-employee penalties. ABC pointed out that the rule, as currently written, could be interpreted to mean that all PPE and training violations would be subjected to per-employee penalties although OSHA insists that it would only apply to flagrant violations.

“The final rule’s regulatory language, as opposed to the preamble, needs to be revised to make absolutely clear that the more expansive interpretation is not intended and cannot arise out of this rulemaking, i.e., that any (and every) PPE and training violation will not be ‘considered a separate violation,’” ABC noted in its comments.

The proposed rule also fails to provide guidance on what will be considered appropriate documentation for proving that an employee has completed the required training. ABC pointed out that this could result in multiple citations for non-compliance because the auditor deemed the documentation to be inadequate.

“The final rule should also include specific guidance on what evidence OSHA will require (or otherwise expect) employers to provide in order to document that the requisite training has in fact been provided,” ABC stated. “This is not the type of information that employers should be faced with learning for the first time during an audit.”

ABC will expand its position on these comments during a public hearing on Oct. 6 at the Department of Labor headquarters in Washington, D.C.

To read ABC’s comments and view the proposed rule, click here.

For more information, contact Bob Hirsch at ABC, hirsch@abc.org.

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