ABC March 16 submitted a letter for the record in response to the House Education and Labor Subcommittee on Workforce Protections hearing titled, “Protecting American’s Worker Act: Modernizing OSHA Penalties.” ABC’s letter stated opposition to the Protect America’s Workers Act of 2009 (PAWA) which would greatly increase penalties on employers for safety violations.
The PAWA (H.R. 2067) changes the penalty scheme for safety violations by altering the requirement for criminal liability from acts that are deemed “willful” to acts that are deemed only “knowing” and by broadening the definition of employer from “any responsible corporate officer” to “officer of director.” ABC expressed concern in its letter that these changes will lead to uncertainty and increased litigation, creating a combative relationship between employers and the Occupational Safety and Health Administration (OSHA).
ABC also opposed the provision in PAWA that denies employers due process rights by requiring immediate abatement and limiting their ability to challenge a citation. ABC pointed out that OSHA already has the authority to seek an injunction if a hazard poses an imminent threat.
“ABC supports legislation that seeks to protect our members’ most important asset – their employees,” ABC said in its letter. “This must be achieved through legislation and regulations, which provide consistent enforcement, incentive programs to increase compliance, and education efforts, rather than efforts that will increase litigation, stifle cooperative programs and deny employer due process rights.”
In its letter, ABC noted its members have a proven history of cooperation and collaboration with the OSHA and are dedicated to workplace safety education and training. ABC also said that OSHA’s traditionally cooperative approach has led to better communication between the agency and employers and a corresponding decrease in the number of fatalities and injuries in the construction industry since 1994, due at least in part to the cooperative programs.
To read the testimony, click
here.
For more information on PAWA, contact Ashley Fingarson at ABC,
fingarson@abc.org.