Senate Bill Would Require Public Employers to Comply with OSHA

Senator Evelyn Lynn (R-Daytona Beach) has introduced SB 1878 in the Florida Senate.  This bill would:

  • Require "public employers" - the state, county and municipal governments, and school districts - to comply with OSHA general industry and construction standards by June 30, 2012. (Federal law currently does not include states or their political subdivisions within the definition of "employer" for purposes of OSHA.  See 29 U.S.C. §652(5)
  • Require public employers to collect and retain data concerning workplace injuries using OSHA Form 300, Log of Work-Related Injuries and Illnesses.
  • Require the Department of Financial Services to include "a comprehensive analysis and summary of public employers' work-related illnesses, injuries, fatalities, and compensation claims and costs within the annual report required by §440.59, Fla. Stat.

 

OSHA Gets Money to Investigate Underreporting of Workplace Accidents

The Charlotte Observer continued its coverage of the underreporting of workplace injuries on 7/3/2008 with this story.  According to the report, the U.S. Senate has appropriated additional money to fund a recordkeeping enforcement unit within OSHA.  The unit would examine company injury logs and compare them to other available information to determine whether the employer has violated OSHA by failing to record workplace injuries.

Are On-The-Job Injuries Being Underreported?

The U.S. House of Representatives Committee on Education and Labor is investigating that question.  And in a majority staff report entitled Hidden Tragedy: Underreporting of Workplace Injuries and Illnesses, the committee answered the question in the affirmative.  Why are they being underreported?  Because, according to the report:

  • Certain categories of workers, accounting for a significant portion of the workforce,are excluded from the survey.
  • Occupational illnesses are particularly difficult to identify as work-related.
  • Immigrants are less likely to report workplace injuries and illnesses.
  • Workers are often reluctant to apply for workers’ compensation.
  • The musculoskeletal disorder column has been taken off of the OSHA 300 Log.
  • Some workers and employers do not understand the reporting system.
  • Employers have an incentive to underreport.

What incentives do employers have to underreport?

  • Low injury and illness rates decrease the chance of being inspected by OSHA
  • Low numbers of injuries and illnesses decrease workers' compensation expenses.
  • Low injury and illness rates can earn businesses bonuses and incentives
  • Low injury and illness numbers look good to the public and to customers

What methods do employers use to discourage reporting?

  • Direct intimidation of workers.
  • Bringing seriously injured workers right back to work.
  • Discouraging appropriate medical attention.
  • Discouraging physicians from reporting injuries or diagnosing illnesses.
  • "No fault" absentee policies.
  • Safety incentive programs and games.
  • Manager incentives and bonuses
  • Drug testing after every accident or injury.
  • Contractors and contracting out dangerous work
  • Missclassification of workers.

These hearings were apparently prompted by The Charlotte Observer's six-part series entitled "The Cruelest Cuts," an indictment of North Carolina's poultry industry.  The PBS program Expose also covered the story in a report entitled "20,000 Cuts a Day."