Stiffer OSHA penalties garnering support

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OSHA citations in Wyoming

2006 repeat citations — Ahrenholtz Masonry Inc.; Big Horn Roofing Inc.; Capitol Roofing Inc.; Cowboy State Lath & Plaster; Cyclone Drilling Inc.; Denbil Construction Management LLC; Grey Wolf Drilling Company LP; Haro Roofing; Heartland Home Builders Inc.; Kumelos Design & Construction Inc.; Limmer Roofing Inc.; MJB Construction Co.; Nabors Drilling USA LP; Norb Olind Construction Inc.; Patterson-UTI Drilling Company LLC; Quality Framing Inc.; Residential Roofing LC…

CASPER — State officials expect a big push in Congress to increase penalties and inspections under the federal Occupational Safety and Health Administration.

It could be one way to address Wyoming’s worst-in-the-nation workplace fatality rate, according to several Wyoming leaders. Gov. Dave Freudenthal recently told members of the oil and gas and construction industries that he would support stiffer penalties.

“Frankly, I’m fine with it. I know people don’t like it, but if you grab people by the wallet, their hearts and minds will follow. I think it’s an appropriate action for the government to take,” Freudenthal said at an industry safety forum in October.

U.S. Sen. Mike Enzi, R-Wyo., is ranking minority member of the Senate Health, Education, Labor and Pensions Committee, which oversees federal OSHA.

J.D. Danni, OSHA program manager in Wyoming, said his agency continually visits with companies in Wyoming to counsel them on how to stay within OSHA guidelines.

“We do a lot of informal conferences,” Danni said, referring to companies that contest citations.

Two of the most serious types of citations that Wyoming OSHA can issue are for “repeat” violations and “willful” violations. A repeat violation can be as minor as not wearing safety glasses or as serious as not using fall protection gear. Two or more of those violations within a three-year period triggers a repeat violation.

Danni said a willful citation is usually issued when a company has been informed of a safety violation and does not correct the situation. Actual penalties can range from $100 to $70,000, depending on myriad factors.

But some state leaders and worker advocates have suggested that even these citations and penalties may not be enough of a deterrent to safety violations.

At the Star-Tribune’s request, Wyoming OSHA provided a list of companies that received “repeat” and “willful” citations since 2006.

In the four years surveyed, there were many companies that received multiple citations in these two categories. Five companies received three of these types of citations in the four-year period. They are Cyclone Drilling Inc., Kumelos Design & Construction Inc., Nabors Drilling USA LP, Patterson-UTI Drilling Company LLC, and Unit Drilling Co.

Patrick Hladky, contract manager for Cyclone Drilling, said the citations his company received were for minor violations.

“I do believe it’s become a safer workplace every day moving forward, with or without fines,” Hladky said.

Other company managers who didn’t want to identify themselves complained that there’s often inconsistency among different OSHA inspectors. Some situations are also difficult to fit within codes and regulations. For example, one manager said he can’t cut a 3-inch piece of stock on a table saw unless he temporarily removes the guard.

“We try to apply all the rules across the board,” Danni said. “If it’s a rule violation, then the employer has opportunity to contest the citation and have an informal conference.”

Bruce Hinchey of the Petroleum Association of Wyoming said his organization would likely support higher penalties — if it effectively helps improve workplace safety.

“It’s something to look at. If companies aren’t paying attention, then maybe more inspections or stiffer fines are needed,” Hinchey said.

Rep. Mary Throne, D-Laramie, serves on the Joint Judiciary Committee and said she favors stiffer OSHA penalties. If Congress does increase OSHA penalties at the federal level, Wyoming lawmakers would have to approve the higher penalties at the state level.

“We need meaningful enforcement of Wyoming safety standards, and we don’t have that right now,” Throne said.

Contact Dustin Bleizeffer at dustin.bleizeffer@trib.com or 307-577-6069.

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