We've been talking a lot about fatal industrial accidents lately (click here and here).
Last week an explosion in a Wisconsin paper factory killed three
workers and injured another.
Over the last ten years, OSHA has cited the Packaging Corporation of
America's mill in Tomahawk three times
as well as for violations in other locations. But it obviously wasn't
enough.
But as we wrote a couple years ago in the wake of tragic mining accidents in West Virginia.
With regulatory oversight of mining and other industries so weakened, the right to bring reckless corporations to court is more precious than ever...
The civil justice system is the only reliable means of deterring dangerous corporate behavior. A negligible fine doesn't send the same message as a substantial verdict against a reckless company. Thus, it may come as no surprise that corporate lobbyists, having already made tremendous strides in weakening regulatory safety standards, are putting enormous resources into weakening our courts and attacking judges and juries - and they're winning.
As stories of corporate and governmental malfeasance abound, it is deplorable that business groups devote their resources to campaigns to weaken the court system instead of working to prevent injuries and deaths and eliminate the need for lawsuits in the first place. Working toward better safety for workers and consumers is a win-win for everyone, and is the right thing to do.
Sad to say, OSHA is considered by most industry to be small potatoes, a paper tiger at worst. They come along after an accident full of questions, bluster and intent, but prior to an accident, the most important time for prevention, are more of an infrequent annoyance.
Chances are if you look at the paper mill's citations, you'll see a lot of distracting piddly stuff unrelated to serious issues (grinder guards, material safety data sheets, air nozzle pressure) and maybe no relevant stuff at all.
Chances are the fines were quite affordable - bargains for such a large company - and were substantially reduced to settle the case.
Chances are the paper mill gets inspected infrequently, unlike a mine, and puts OSHA low on the priority list. And yet, chances are, OSHA's spotty rules are a big factor in what the company does for safety, and some serious, unregulated hazards such as ergonomic issues are hardly discussed as a result.
No wonder the plant's chances were good for a terrible accident.
Posted by: Former OSHA Guy | August 05, 2008 at 01:36 PM