OSHA Penalties Greatly Increased by August 2016

The Bipartisan Budget Act of 2015, passed through Congress in November of last year, has increased penalties and made it substantially more expensive for businesses in violation of OSHA standards. This act has changed the requirement to adjust for inflation each year as well as eliminating the exemption for agencies such as OSHA to adjust a number of civil penalties every 4 years to account for inflation. These new penalties will go into effect no later than August 1, 2016—although OSHA will publish an interim final rule adopting these on or before July 1, 2016. Businesses that are inspected before the effective date, but receive citations once these sanctions are in place will have the newly adopted penalties adjusted to their citation. In order to prevent these increased fines from disproportionately impacting smaller business, OSHA’s penalty structure will provide a reduction factor based on the size of the employer. The last time OSHA’s penalties were adjusted was in 1990.  Read more here.

Guess? Retailer Faces $65K fine for “Obvious and Easily Preventable” Risks

The Guess? Factory Store in Hartford, Connecticut has recently been cited and fined $65K for repeat violation relating to a blocked emergency exit and electrical panels as well as improperly stored stock. These hazards left employees at risk of burns, lacerations and being struck by falling objects. Warren Simpson, OSHA’s area director in Hartford, indicated "these were obvious and easily preventable conditions that placed store employees needlessly at risk." Read more here.

U.S. Global Change Research Program Releases 2016 Scientific Climate and Health Assessment

It is predicted that climate change exacerbates some existing health threats and creates new public health challenges. In the 2016 Climate and Health Assessment, the U.S. Global Change Research Program encompasses multiple health hazards that may be seen in the upcoming years such as: (1) Increase in temperature-related death and illness; (2) Air quality impacts—increased health impacts from wildfires; (4) Extreme events—higher exposure to projected droughts and flooding ; (5) Vector-borne diseases—change in mosquito born disease dynamics; (6) Water-related illness—runoff from extreme events would contaminate sources of drinking water; (7) Food safety, nutrition, and distribution;  (8) Mental health and well-being; and (9) Populations of concern—socioeconomic factors may amplify or influence climate-related health effects. The overall findings in this health assessment underscore the significance of the growing risk climate change poses to human health not only within the United States, but globally as well. Read more here.

Wal-Mart Breaks Safety Agreement—Facing 118K Fine for Repeat and Serious H&S Violations

Wal-Mart continues to endanger the safety and health of its employees despite a 2013 corporate-wide settlement agreement with the U.S. Department of Labor's Occupational Safety and Health Administration to improve safety and health conditions at all of its store locations. Some serious and repeat citations include: (1) Failure to provide employees with sufficient working space to avoid contact with live electrical wires; (2) Failure to protect workers from exposure to shock and burn hazards; and (3) Failure to annually train workers designated to cleanup blood spills on the dangers of blood-borne pathogens.  The proposed penalties for the violations total $118,00.  Wal-Mart Stores Inc. has had more than 330 OSHA inspections within the past 5 years.  Read more here.

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Cynthia Chiles

Cynthia Chiles is President and founder of convergence consulting LLC, and she is located in the Los Angeles, California office. Cynthia developed the innovative business model on which the company is founded and named. She has 25 years of environmental, health, safety, and social responsibility (EHS), management consulting experience to multi-national clients. She has an expertise in the development and management of global EHS management programs, in particular compliance audit programs, management system implementation programs and performance enhancement programs. She has conducted hundreds of EHS audits in over 17 countries, and currently manages many large scale multi-country audit and consulting support projects for our clients in the pharmaceutical, electronics and retail sectors. Cynthia recently served a four term on the Auditing Roundtable Board of Directors and currently sits on the Standards Board for the Board of Environmental Health and Safety Auditor Certification (BEAC). She holds a Bachelor of Science in both Political Science and Business Management, and is a BEAC certified environmental auditor.

A Marriott Hotel in Washington, D.C. Faces a $76k Fine After Exposing Employees to More Than Two Dozen Workplace Safety and Health Hazards.

Multiple hazards have been identified by OSHA inspectors—12 serious and 14 other-than-serious violations. Some of these serious violations include: Inadequate personal protective equipment for employees working with chemical products, failure to report a worker hospitalization to OSHA within 24 hours, and fall hazards as high as four feet. The director of OSHA's Baltimore Washington Area Office has commented on these violations, stating that "employers have a legal responsibility to protect workers on the job. Anything less is unacceptable." Read more here.