McDermott Will & Emery - Just weeks before his death, the late Senator Ted Kennedy (D-MA), with the help of Senate Majority Leader Harry Reid (D-NV), introduced legislation to amend the Occupational Safety and Health Act of 1970 (OSH Act), which has not been significantly altered since its inception. The proposed legislation, S. 1580, is known as the Protecting America's Workers Act of 2009 (PAWA). A companion bill, H.R. 2067, has been introduced in the House of Representatives by Representative Lynn Woolsey (D-CA).
PAWA would make a number of major changes to enforcement of the OSH Act. This On the Subject, however, focuses on the very significant changes to criminal and civil penalties under the OSH Act proposed in this legislation.
More "Meaningful" OSHA Penalties
Penalty amounts under the current OSH Act regime have been criticized as too small to effectively promote worker safety. Congressman George Miller (D-CA), chairman of the House Committee on Education and Labor, recently wrote on the Hill's Congress blog: "Penalties are the key enforcement mechanism under the OSH Act. They must be real. They must be meaningful. They must function to deter violations. They must get people's attention. And, these enforcement mechanisms must not be a mere cost of doing business."
Criminal Penalties
PAWA would greatly expand the availability of criminal penalties against employers. The bill proposes to change the criminal charge for willful violations that result in an employee death from a misdemeanor to a felony....
Civil Penalties
Civil penalties for willful and repeated violations would be increased under PAWA from a current maximum of $70,000 to a new maximum of $120,000 per violation...
Conclusion
The comprehensive reform envisioned under PAWA, which is far more sweeping than just the criminal and civil penalty changes discussed here, would dramatically change the regulatory regime faced by employers. These changes would require careful consideration of current practices and policies to ensure compliance, and will almost certainly increase litigation of OSHA enforcement actions. - Please read full by McDermott Will & Emery
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