OSHA resumes traditional enforcement
Cooperative compliance on hold
With its highly touted, new "partnership" program on hold pending a court ruling, the federal Occupational Safety and Health Administration (OSHA) in Washington, DC, is resuming its traditional enforcement operations by initiating comprehensive inspections in more than 70 cities across the country.
OSHA had offered voluntary partnerships to 12,000 employers with the highest injury and illness rates in the country. The Cooperative Compliance Program (CCP) was unveiled in November 1997 and gave employers the option of traditional enforcement or working with OSHA to reduce workplace hazards and receiving a reduced chance of inspection. Of the 12,000 employers invited to join the CCP, 87% (more than 10,000) accepted.
The partnership was hailed as a significant step forward for the "new OSHA" that administrators say is dedicated to commonsense enforcement and regulation.
Agency waits for court ruling
But the U.S. Chamber of Commerce and other business groups filed suit on Feb. 3, 1998, to block implementation of the CCP. In a letter to its members, the chamber said there was nothing voluntary about the program and compared it to "a neighborhood protection racket." The chamber told its members that, "You can comply by turning your facility upside down to meet OSHA specifications or you can face immediate hostile action. In The Godfather, this was known as 'an offer you can't refuse.'"
The court has not yet ruled on the case but halted the program in the meantime. As a result, OSHA is going back to its traditional enforcement program and inspections. The inspections are targeted at 3,300 employers in 99 industries. They represent workplaces with injury and illness rates at or above the national average for their industry. Employers who are inspected will not be able to enter into the CCP partnership agreements if that program eventually goes forward.
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