Sharing thoughts on OSHA’s approach: Guilty until proven innocent

A blog post I wrote for OH&S magazine’s website has received a number of comments, so I thought I would share the basics here, along with a link to the longer piece for those who would like to read more. The premise is this:

OSHA’s leadership has turned a basic American principle on its head. Many of the agency’s actions indicate its leaders are more comfortable with the idea that companies are guilty until they prove themselves innocent.

For example, at the area office level, OSHA is conducting fewer intensive reviews of inspectors’ case files and recommended violations to be sure the government’s burden of proof has been met.

As a result, in my opinion, OSHA’s credibility with employers is at its lowest point since the agency was founded. And, perhaps not surprisingly, in my opinion, the new approach has not improved worker safety, as can be confirmed by a look at the history of recordable rates for non-fatal injuries and illnesses in private industry. This rate showed annual declines every year from 1994 to 2009, when Dr. David Michaels arrived as Assistant Secretary of Labor for OSHA. Injury and illnesses rates were essentially flat in 2010 compared with 2009 and 2011 compared with 2010.

For more examples and thoughts, read the OH&S blog post here.