OSHA To Do More (CONT’D FROM PAGE 26)
cases,” says Principe. “The agency is often tipped off by whistle blowers, or they get word of infections through hospitals or public health departments.” Penalties for se- rious violations start at $13,653, although the amount is sometimes reduced in the event of a good faith history. Citations for willful or repeated issues start at $136,532. Certainly, there is no need to record cases that are clearly not work-related. While an employer may do so out of fear of a citation, being too inclusive can backfire. “Over-reporting can spark an OSHA inspection when the entries from an employer’s logs are entered on their 300A Summaries,” says Foulke. “Those are available for review not only to OSHA but also to plaintiff’s lawyers and com- munity activists like Common Cause. Skewed numbers can impact a business’s ability to get future work from clients.” So how about those cases that fall into a grey area? “My advice to employers would be that in the case of doubt, record or report the event,” says Principe. “You can always explain the facts, saying that you don’t believe it is work-related for the following reasons, but that you are in- cluding the case out of an abundance of caution. This will protect you from a citation.” Many OSHA observers believe the Biden administra- tion will tighten criteria, determining that more infections occurred in the business environment. There may be a
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