OSHA on Sweep: It’s Not About Money

Is OSHA looking to fine contractors just to make money? The agency's headquarters in Washington, D.C. says it ain't so.

The St. Louis contractor community is abuzz with reports that OSHA began a sweep of all construction sites from Hannibal to Cape Girardeau in eastern Missouri on July 12 looking for excuses to write up violations.

Len Toenjes, president of the AGC of St. Louis, said, OSHA's goal is money. "The new administration is looking at OSHA to move to be self-supporting, which means they've got to increase fines to increase revenues. This sweep is a piece of that bigger trend," he said.

The agency denies it.

The agency's official position on the issue, emailed to CNR from Washington in response to a question about the policy, stated:

“OSHA is implementing long-overdue administrative modifications to its penalty calculations, which will have the effect of raising OSHA penalties. The policies will consider various factors, including an employer's overall safety and health program, the number of workers, and previous inspection history. The Agency's policy of reducing penalties for small employers and those acting in good faith will continue.

"Penalties are imposed not out of an effort to bring in revenue for OSHA, which they do not. OSHA does not see the money; it goes directly to the U.S. Treasury. Penalties are meant to be punitive, and act as a deterrent to future violations by the fined company and from other companies as well.

"There is a proposal before Congress, in the Protecting America’s Workers Act, which would bring the penalties more in line with inflation and therefore serve more of a deterrent effect.”

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