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Does ‘shaming’ employers work?

May 15, 2015

A duct manufacturer has been slammed with nearly $1 million in OSHA fines, the agency recently announced in a press release. Does that matter to you?

I ask because “shaming” is one of the tools OSHA uses to encourage employers to implement safe working environments. In the case I mentioned above, OSHA alleges that the Pennsylvania employer failed to keep workers safe and exposed them to a variety of hazards that resulted in lacerated, crushed, fractured, dislocated and amputated fingers.

The main vehicle for shaming employers is press releases and many media organizations subsequently report on them. OSHA’s recent proposed fines to the duct manufacturer – totaling $822,000 – have been covered by several media outlets.

“In some cases, ‘regulation by shaming’ may be the most effective means for OSHA to encourage elimination of life-threatening hazards and we will not hesitate to publicize the names of violators, especially when their actions place the safety and health of workers in danger,” OSHA administrator David Michaels said in his 2010 vision statement.

The agency under the Obama administration has increased its use of press releases, and OSHA officials believe doing so is helping improve safety. But what do you think? Does “regulation by shaming” positively change the behavior of some employers, or do press releases and news coverage merely become a type of “Scarlet Letter” with which employers are unfairly burdened? Let me know in the comments below.

The opinions expressed in "On Safety" do not necessarily reflect those of the National Safety Council or affiliated local Chapters.

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Luther B
May 19, 2015
If the owners and/or President/CEO's names are listed - MAYBE. But it does no good for line management and workers. It only pushes their families to pressure them to change jobs.

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David Sarvadi
May 19, 2015
Not only does it not work, most people think it's unfair in many ways, not least because it is done before anyone gets a chance to challenge their conclusions. I represent employers in OSHA cases, and many times have been told that inspectors frequently limit the information that would negate OSHA's allegation and leave it to the employer to present its facts in an appeal. Not at all fair and un-American to say the least. This is one of OSHA's least effective attempts at improving S&H. IMHO

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M.L.F.
May 19, 2015
Peer pressure is the most effective behavior modification tactic, when considering an individual among a group. With respect to the performance of an organization, or lack thereof, money talks. Fines and penalties must be significant to propagate change from the top down.

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Tom Lawrence, CSP, P.E.
June 3, 2015
Shaming press releases are ripe for abuse and use as political agenda--which is how they are being used by the current OSHA administration. Further, these press releases will be used to discredit safety and health management systems designed and supported by safety professionals. The outcome will be diminished professional well being for safety professionals.

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Dirk Stauffer
July 7, 2015
The only thing OSHA accomplishes by shaming, is an increasing sentiment that the department is there to "enforce it's will" and are not reasonable. This further increases the disparity between Government and Industry, and no one is safer. Chronic, violators should be punished, no doubt. What we very rarely see from OSHA is news related to companies that do their best to promote safety.

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Tom Lawrence, CSP, P.E.
July 10, 2015
Government Affairs Update In a recent blog by Kyle Morrison of the National Safety Council, he posed the question: “Does ‘Shaming’ of Employers Work?”. Morrison states that “shaming is one of the tools OSHA uses to encourage employers to implement safe working environments.” “The main vehicle for shaming employers is press releases and many media organizations subsequently report of them. “ OSHA’s Dr. Michaels says in his 2010 Vision Statement: “ In some cases, ‘regulation by shaming’ may be the most effective means for OSHA to encourage elimination of life-threatening hazards” OSHA has increased its use of press releases, and OSHA officials believe doing so is helping to improve safety. But is it? As you might imagine, the OSHA cheerleaders welcome the naming and shaming. But there are other opinions: David Sarvadi, lawyer in DC, says: “ Not only does it not work, most people think it is unfair in many ways, not least because it is done before anyone gets a chance to challenge OSHA’s conclusions. I represent employers in OSHA cases, and many times have been told that inspectors frequently limit the information that would negate OSHA’s allegation and leave it to the employer to present its facts on appeal. Not at all fair and un-American to say the least. This is one of OSHA’s least effective attempts to improve safety and health.” Recall my recent column on managing an OSHA inspection. I said there that site should contest any Serious citations or any other citation that you do not agree with. The reason for contesting the Serious citations is their long term impact on the site. David Sarvadi’s experience with inspectors withholding information, makes a more compelling case to contest ANY citation. I am currently supporting a legal team contesting an OSHA citation in another area of the country. For the ir preparation for the contest hearing, the site legal team requested OSHA’s inspection notes in their document request for the contest. The notes they were provided by OSHA were highly redacted—i.e. information blacked out. This supports Sardavi’s observation about OSHA’s nefarious conduct of at least some inspections . What is the OSHA administration trying to hide? Here is my response to Kyle Morrison’s blog. Shaming press releases are ripe for abuse and use as political agenda---which is how they are being used by the current OSHA administration. Further, these press releases will be used to discredit safety and health management systems designed and supported by safety professionals. The outcome will be diminished professional well-being for safety professionals. We are likely to see a lot more of this kind of action. It is likely to get very ugly as we go forward. Michaels public appearances are designed to portray a reasonable OSHA administration that is just trying to improve safety. Don’t be fooled. --Tom Lawrence The opinions expressed in this commentary are the solely the views of the author. They do not necessarily represent the views of the leadership or members of the St. Louis Chapter, ASSE.