Increased Fines and Penalties - Civil and Criminal

Oppose Efforts to Increase Civil and Criminal Fines and Penalties on the Construction Industry

Background:

  • The safety and health of workers on construction job sites is imperative. Legislative action to increase the civil and criminal fines and penalties on employers increases hazards on job sites in the construction industry rather than increasing the protection of workers. Employers will be less inclined to approach OSHA or MSHA for compliance assistance to improve safety and health. AGC supports a proactive and cooperative approach to improve the safety culture in the construction industry with employers, employees, and government working together to foster the education and compliance for safety and health.

AGC Message:

  • Oppose Increase of Unwarranted Fines and Penalties. Increasing the civil and criminal fines and penalties against employers does not address the primary cause for accidents, injuries, and fatalities on job sites. Rather than placing an emphasis on fines and penalties for employers, OSHA and MSHA must educate the industry of tools and assistance that the agencies provide to ease the burden of compliance for safety and health regulations. The lack of accountability of employees who are properly trained on safety and health are problematic.
  • Proactive Approach to Safety and Health of Workers. Congress takes a reactive approach by simply punishing employers rather than taking a proactive approach of recognizing those employers who are actively improving and strive in their safety and health programs. Congress, OSHA and the industry could learn from those employers who continuously improve and are successful in their safety and health management systems. Safety and health programs make good business sense and an employer that invests time and energy in ensuring a safe and healthy workplace for their employees can reap the benefits.
  • Establish Safer Job Sites Through Education and Training. AGC supports and believes that the solution to establishing safer job sites lies with the industry's ability to educate and train construction employers and employees through such programs as OSHA's Susan Harwood Training Grant Program. AGC has trained over 9,000 individuals through the Susan Harwood Training Grants, and also develops a host of training products, materials, and programs both in seat and online. Congress and OSHA must focus more on the training and education aspect in the construction industry of not only employees but employers. AGC supports and advocates an even handed approach with an emphasis on training and education to avoid accidents. This approach would allow cooperative relationships between OSHA and employers, while also emphasizing enforcement action on bad actors.