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What are the top ten OSHA Fines for smaller businesses?

By Steve Lombardi

Running a small business can be a daunting task. Tough, but rewarding if done with attention to the details that make safety a top concern in the building trades. So where do small business employers seem to get into the most trouble with OSHA. Today let's look at the top ten OSHA fines. All data is as of April 23rd, 2008.

#10 – Hazard Communications – If you don't have a list of hazardous materials on the job site you run the risk of being fined. This is an easy one and really it's a no-brainer. Take your material data safety sheets and keep them in a brief case that travels with the job trailer. Posts the hazardous materials list to the wall of the trailer or to the inside covers of the brief case and then makes it available to the workers. Make them aware of it by setting up the water cooler or coffee pot right next to it. Why fight it, after all it's the law. The average fine for this no-brainer is $281.00.

#9 – Training – I've seen this one be put off especially with tower erectors. Workers aren't trained, they are told to start climbing and have no clue about safety measures, like a tie in or lanyard. They start climbing and no sooner get to some height and away we go. Down and out and the company gets sued and the worker's family is without the breadwinner. For crying out loud train your workers. Average fine here is $447.00.

#8 – Training Requirements – Hey let's fact it without a safety meeting how are you going to know whether the guy running the operation is doing his job. Or how are you going to answer questions from the guys taking the risk of life or limb? Hold the frigin meeting, point out the MSDS sheets and talk shop. With all the dough you've invested in workers' compensation insurance and in your guys learning to do the job faster and with more proficiency it's in your best interest to train them and to keep some kind of record of having done it. Doing it and not being able to prove it is no proof at all. Average fine in this area is $465.00.

#7 – Head Protection – This is all about the casaba. Like coaching soccer I would tell the kids to protect your noggin, it's the only one you have and with what I've seen all season you need every brain cell you got. Same goes for the knuckleheads slinging the hammers, iron, wood, electrical and every other trade out there. Last thing you need is a $511.00 fine because some bozo walking under the rivet guy isn't wearing his hard hat. Why this is a problem is beyond me. In the Alps Jamie Pierce did a little wall climbing and he had us wearing helmets without question. No head gears then you don't go up. If you see a guy not wearing his noggin gear rip him a new one.

#6 – Wiring Design and Protection – It's all about ground fault circuit interrupus… you know what I mean? It's the most common hazard out there so why aren't you paying attention to it. Make sense? It should because it can cost you $542 bucks.

#5 – Ladders – Broken, bent or missing rungs is a way to not just fall but to get a fine of $698.00. Okay so you can't be on the job site 24/7, put someone in charge of safety and hold them responsible to enforce the rules.

#4 – Aerial Lifts – Okay, now we are in the $900.00 range… Like any piece of equipment that is misused or abused this one also needs a lift plan. This plan should include a detailed sketch of the process that will serve as a visual guide for what is expected to happen. It's not a quick ride to the upper reaches of the job it's a quicker way to get fined. This is why you want to have those training meetings where you can rag on the idiots who aren't following the rules.

#3 – Fall Protection – This one drives me nuts. I've had iron workers lose their lives and legs over this one. Fall protection is your protection. It's on my website along with lock-out-tag-out procedures because it's so often abused. If the employer is encouraging it they are going to get one of those fines over $1,200.00. If you're in the labor union and shortcutting the fall protection rules consider for a moment the wage at McDonalds where you may have to work if you lose your leg. Oops, due to the slick floors McDonalds probably won't hire you either. Does your family like that union wage scale? Then think and use fall protection. For more on this one go to the Lombardi Law Firm website and learn about it.

#2 – Specific Excavation Requirements – The brakes should be coming on at this point because it's going to cost you over $2,100.00. It's kind of like this: When the shit hits the fan which way should you run? Take it up at the meetings.

#1 – General Requirement – I'm with you owners, this one has me stumped as well. It's so general that if they want to get you they will. Okay, we can't point to any one thing but something bad happened so we are citing you under the general requirement. At over $2,200.00 it's a revenue generator for the DOL. To me this one is sort of like, if what happened to the employee was really bad, if they want your a_s they will use this one to do it. So do the other things right and give them no reason to drag you before them with a citation under this section.

How long does it take for you, the employer, to figure out that lawyers are too damn expensive? Then get a grip and figure out the safety meeting is cheaper than the lawyer's time. Kick the lawyers to the curb and save your dough for a family vacation or your wife a fur coat. Or if you're a female construction owner get that guy a pair of Red Sox season tickets next season.

In 2008, stupidity cost owners with fewer than 10 employees $29,254,984.00 in fines. That's an average of $2,352.00 per fine per inspection. You want to know what you could buy with $2,352.00 today?

iPods for marketing to your best customers – What kid of a customer doesn't want a free iPod? I keep a supply for my Spanish speaking clients who bring the 14-year-old to interpret for me. It saves a bunch of dough. I've got another friend who's marketing line is …. Sorry I promised him I would not divulge it.

2 seats at a Red Sox game – The dugout box cost $328 per seat.

Dinner for two at Flemings – You can buy a dinner for two for $99.00 and let's add a tip of $26.00 for a total of $125.00.

Victoria's Secret bras and panty combinations – Guys are dumb with women's under garments so just buy the gift cards and on average the user saves $19.69 and you are the topic of discussion.

Vacation for two – There is no way for me to predict what the cost of your vacation for two would be. But if I have to plan it for you, you're in big trouble. So call Barbara and she'll plan you the best vacation imaginable. Just know I'm holding you to two-vacations for two and it's costing you for mine.

Spa treatments – Okay just find the best spa in Las Vegas and go there for a weekend. It will do wonders for your love life. I'll predict your wife will hold the safety meetings and guarantee no fines if you promise her the Las Vegas spa three-dayer. This is like a total no-brainer.

Massages – Get real if you want to impress don't digress. For less than $600.00 for a year's membership you get to be the hero of your customers' house. I'm serious. In my neighborhood Massage Heights has an annual membership deal where you can get a years membership for $ . Let me give you one hint, if you can do the hot stones option do it. It's like going dying and going to heaven.

Sears Custom Rims – Pick your poison. What do you like; what trips your trigger?

MARKETING IDEA FOR DOCTORS, LAWYERS, ACCOUNTANTS AND WHOEVER Aren't we dumb? Here we are spending all that money on stuff that doesn't work. When all we had to do was think not about us but our customers and their lives. Now that you're saving thousands and increased your bottom line by … well, the same… Okay you can thank me by sending an iPod.

http://www.youtube.com/watch?v=chzdR7K58RI

Barbara likes Eminem; I'm not willing to go the mile with him although he seems to be genuine.

http://www.youtube.com/watch?v=NlHUz99l-eo

http://www.youtube.com/watch?v=iPHroiBlWk0

I'm more country… like Rascal Flatts, Kenny or whoever else singing about real life.

http://www.youtube.com/watch?v=zxjVCBSa-Vs http://www.youtube.com/watch?v=xP-Sxfntdb4

It's Friday so have a good weekend. And let's remember; be safe out there!

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on March 26, 2010 (boomark / email).