OSHA Enforcement Was Strong In 2005

During FY 2005, OSHA issued more willful violations during than in any previous year, and conducted the most extensive investigation of its kind which resulted in the largest penalty ever — over $20 million. During FY2005, OSHA identified 615 inspections that qualified as Enhances Enforcement Program (EEP) cases — a 200 percent increase over the preceding year.

The objective of EEP is to assure sustained compliance at these facilities. If an inspection is classified as an EEP, then it may receive, among other things, follow-up inspections, inspections of other workplaces of that employer, and more stringent settlement provisions.

During FY2005, OSHA conducted 2,924 inspections within these seven industries. Many of these inspections were a result of Local Emphasis Programs (LEPs), which Area and Regional offices develop to address specific hazards of their geographic location. OSHA conducted 38,714 total inspections in 2005, exceeding its goal of 37,700. Unprogrammed inspections showed an increase over the previous fiscal year. OSHA responded to more employee complaints and conducted more inspections based on referrals from other agencies than the previous year. Programmed inspections continue to focus on high hazard industries, which have the highest lost-time injury rates.

Total recordable case rates continued their steady decline. The rate for 2004 (the most recent data available) was the lowest since the implementation of OSHA's revised recordkeeping standard in 2002. The rate of fatal work injuries was 4.1 fatalities per 100,000 workers as compared to 4.0 fatalities per 100,000 workers the previous year.

During the year, 85,307 violations of OSHA's standards and regulations were found in the nation's workplaces; a 9.5 percent increase since 2001. The number of willful violations increased 62 percent over FY2004. The increase in willful violations shows that OSHA enforcement continues to be strong, identifying employers who intentionally disregarded the law and ensuring that employees are protected from serious hazards.

Plating Shop Supervisor Sent to Prison for Abandoning Chemicals

A plating shop supervisor was sentenced in December to serve 13 months in prison, pay a $1,000 dollar fine, pay EPA restitution of $151,000 for a Superfund cleanup, perform 300 hours of community service, and serve three years of supervised release once he completes his prison term. The defendant previously pleaded guilty to abandoning hazardous chemicals at a former electroplating facility. The defendant was a supervisor at the facility.

According to the charges filed in the case, the facility was condemned in late 2000. The facility contained a number of chemicals and liquids in vats used in electroplating, including acid solutions containing hexavalent chromium and hydrofluoric acid. Hexavalent chromium and hydrofluoric acid are chemicals that can cause serious health problems if individuals are improperly exposed to them.

The case was investigated jointly by the EPA’s Criminal Investigation Division and the Environmental Quality’s Office of Criminal Investigations. It was prosecuted by the U.S. Attorney’s office for that district.