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The safety debate - Bill would impose prison term for willful workplace violations

Company executives, project managers and safety directors could face up to 20 years in prison for work site accidents if a federal bill becomes law.
The Protecting America's Workers Act, introduced by U.S. Rep. Lynn Woolsey, D-Calif., would let the Occupational Safety and Health Administration (OSHA) enforce stiffer penalties for willful safety violations that result in serious injury or death. Some in the construction industry argue that increasing penalties could actually undermine efforts to improve safety. It creates financial and legal disincentives to find and fix problems before they occur, said Brian Turmail, a spokesman for the Associated General Contractors of America. If I know I'm going to be fined or at risk because I know there's a problem on site, I think it would actually drive safety concerns underground because I'm going to keep quiet.
Kim Stille, area director for the OSHA office in Madison, Wis., said the bill would set intent as the difference between criminal charges and standard fees. For example, she said, if a backhoe operator backs over and crushes a co-worker's leg; criminal charges would follow if the project manager, CEO or safety director knew the backhoe had service issues and instructed the worker to use it anyway. Under current rules, Stille said, the company would face a maximum penalty of $70,000 for that kind of willful violation. If the federal bill passes, the penalty could be $120,000 or 10 years in prison.
According to the bill, repeat offenders could face 20-year sentences. The Minnesota chapter of the Associated General Contractors is keeping an eye on the legislation, according to Dan Hannan, AGC-Minnesota's safety director. Dan Hannan, AGC-Minnesota's safety director, said the state group is concerned that the bill could extend criminal liability to foreman, superintendents and safety directors, not just owners or other high-ranking officials within the organization. That is kind of a scary thing, he said.
Hannan said the bill reflects a desire in the Obama administration to emphasize enforcement over compliance-assistance efforts. The legislation has been introduced before, without success. Hannan speculated that it could have a chance to succeed this time around because of some high-profile workplace fatalities that have occurred in recent months.