Occupational Safety and Health

Current fatality rates suggest a safer workplace than when the Occupational Safety and Health Act was passed in 1970. Nevertheless, thousands of U.S. workers die each year in workplace accidents, and many more are seriously injured or develop work-related illnesses. Proposed legislation before Congress--the Comprehensive Occupational Safety and Health Reform Act--would (1) seek to protect workers in imminent danger situations, (2) require employers to abate serious hazards while they contest citations for safety and health violations, and (3) require employers to verify that they have abated hazards. This report compares OSHA's procedures in each of these three areas with the provisions of the proposed bill. GAO also compares OSHA's procedures in these areas with those of the Mine Safety and Health Administration and with the procedures used by 21 states operating OSHA-approved state safety and health programs.

GAO found that: (1) H.R. 3160 would allow OSHA to levy substantial new civil penalties if employers refuse to either correct the hazard or remove employees from imminent danger situations; (2) H.R. 3160 would continue the current OSHA option of obtaining a court order to compel compliance; (3) H.R. 3160 would not provide the same authority that MSHA and at least eight states have in imminent danger situations; (4) H.R. 3160 would allow OSHA to require that employers abate serious hazards without suspending the time allowed for abatement while a contested citation is being reviewed; (5) OSHA and state programs lack the authority to require abatements while citations are being contested, but more employers that contest citations will eventually have to abate the hazards; (6) H.R. 3160 would require employers to give OSHA written verification that they have abated identified hazards, and post at the work site a statement that verification has occurred; and (7) neither OSHA nor the state-operated programs require employers to post a description of the abatement action at the work site, and MSHA reinspects each facility to confirm abatement.