Liability

 OSHA has the authority to impose on employers penalties for each individual instance of a violation of safety and health rules, according to an April 16 ruling by the U.S. Court of Appeals for the District of Columbia (National Association of Home Builders v. OSHA, D.C. Cir., No. 09-1053, 4/16/10). The unanimous decision by the three-judge panel upholds a long-standing OSHA enforcement tool, generally used only when the employer’s behavior is deemed by the agency to be “egregious.”

Since 2003, a steadily increasing percentage of ORC Worldwide member companies have implemented policies or guidance covering cell phone use while driving on company business, according to three surveys conducted by ORC in 2003, 2007 and 2009. In 2003, 70 percent of 40 member companies surveyed had a policy or guidance regarding the use of cell phones; by 2009 the percentage had climbed to 93 percent.

Risk is the “raison d’etre” for occupational safety and health (OSH) professionals. Our jobs are all about anticipating, recognizing, evaluating, preventing, and controlling risk, so as to keep people from harm while they work.

This is a good thing. So why do we become vulnerable during hard economic times?