Mar-Jack: OSHA Inspectors “Are Not There For Us”

Jordan Barab

Jordan Barab Former Deputy Assistant Secretary of Labor, OSHA

I wrote earlier this month about a court decision in the Mar-Jac case restricting OSHA’s ability to expand inspections at poultry plants — even when the company’s log shows high rates of injuries and illnesses — despite the industry’s record of unsafe conditions.

When conducting an inspection about a specific incident, you may recall, OSHA is only allowed to look at factors surrounding the incident and anything within the sight of the inspector. For that reason, when an OSHA inspector requested to inspect a worker’s locker where his tools were stored, Mar-Jac told the inspector that he could only walk through the plant if he agreed to wear a cardboard box over his head to blind him to any safety hazards.

OSHA’s job is to “find violations. They are not there for us, to be safety consultants.”

The Atlanta Journal Constitution published an article earlier this week about the court decision and its effect on OSHA.

Asked why Mar-Jac didn’t want the OSHA inspector walking through its plant, [Larry Stine, an attorney for Mar-Jac] told the AJC that Mar-Jac has its own safety personnel to conduct reviews and look for issues in an ever-changing work environment. OSHA inspectors are “enforcement officers,” he said. “Their jobs and what they try to do is find violations. They are not there for us, to be safety consultants.”

Look at that last sentence a bit closer: “They are not there for us….” They’re just “enforcement officers.”

So who is OSHA there for?

The goal of an OSHA inspector is not just to “enforce” the law. The law is not the end. The law it the means to the ultimate end — which is to protect workers.

So the manager may be correct, they are not there for “us,” if by “us” he means managers and not the company’s workers (who, I guess, are not part of “us.”)  And, of course, OSHA is not there for “us,” if he believes that managers have no interest in maintaining a safe workplace — with, as I just said, is the whole point of enforcement.

So no, OSHA is not there to be a “safety consultant.” A company the size of Mar-Jac has more than enough resources to hire its own safety consultants before OSHA arrives to ensure safe conditions in the plant. (And smaller companies that can’t afford consultants can take advantage of OSHA’s free Onsite Consultation Program.)

And indeed, Mar-Jac boasts that it “has its own safety personnel to conduct reviews and look for issues in an ever-changing work environment.”

So if those reviews are useful, and the company actually implements the results of those reviews, they should have no problem allowing OSHA inspectors to wander anywhere they want to go in a plant.

But not according to Stine.

“Why,” Stine said later, “would you want to subject yourself to multiple fines where I would rather find it and fix it myself?”

Or, Mar-Jac workers and OSHA inspectors might ask, why would you fear multiple fines when you’ve allegedly found all the problems and fixed them yourself? And if you haven’t fixed them, why don’t you deserve multiple fines?

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Reposted from Confined Space

Posted In: Allied Approaches

Union Matters

Members of Local 7798 achieve major goal with workplace violence policy

From the USW

Workers at Copper Country Mental Health Services in Houghton, Mich., obtained wage increases and pension improvements in their contract ratified earlier this year, but the benefit Local 7798 members were most proud of bargaining was language regarding workplace violence.

The contract committed the employer to appoint a committee, including two members of the local, to draft a workplace violence policy. Work quickly began on the policy, and just last week, the committee drafted and released its first clinical guideline focusing on responding to consumer aggression toward staff.

“We are so excited to have this go into effect,” said Unit Chair Rachelle Rodriguez of Local 7798. “This was a direct result of our last negotiating session.”

The guideline includes the definition of aggression and an outline of procedures, all of which will be reviewed yearly. And though this is just a first step in reducing the incident rates and harm of workplace violence in their workplace, it still is a big one for the local, and it wouldn’t have been possible without a collective bargaining agreement.

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There is Dignity in All Work

There is Dignity in All Work