Contrary to what many would believe with the current administration, OSHA inspections for 2011 were down from 2010. Federal compliance officers conducted 40,648 inspections in 2011. That is approximately 350 fewer than in 2010; however, the drop in inspections has not been viewed as a sign of lack of enforcement efforts by OSHA. To the contrary, the Assistant Secretary of Labor for Occupational Safety, David Michaels, indicated that the decrease reflects a change in inspection priorities. “Some of our inspections are taking longer.” Also, it is interesting to note that construction inspections still account for over 50% of OSHA’s visits in 2011. They accounted for an even higher number in 2010.
As for the fines for serious violations, the average serious violation penalty for 2011 was $2,132.00. This is up dramatically from the 2010 average of $1,053.00. The maximum penalty for a serious violation is currently set at $7,000.00. Michaels indicated that the increase was a result of OSHA’s implementation of the new penalty structure in 2010. As a result of this change, employers were no longer eligible for the large cuts they saw in prior penalties due to the size of their operations, their safety records, or other factors. Still, even with this significant increase, Michaels believes that the penalties are too small.
This data continues to emphasize to employers that OSHA means business. It will now be more difficult than ever to negotiate lower fines for serious violations.