4 4. L11/4: 5. hrg. 102-87 S. HRG. 102-87 THE OSHA CRIMINAL PENALTY REFORM ACT HEARING BEFORE THE SUBCOMMITTEE ON LABOR OF THE COMMITTEE ON LABOR AND HUMAN RESOURCES ONE HUNDRED SECOND CONGRESS FIRST SESSION ON S. 445 TO AMEND THE PROVISIONS OF THE OCCUPATIONAL SAFETY AND FEBRUARY 28, 1991 Printed for the use of the Committee on Labor and Human Resources For sale by the Superintendent of Documents, Congressional Sales Office CONTENTS STATEMENTS Lantos, Hon. Tom, a U.S. Congressman from the State of California, prepared Durand, Virginia, Detroit, MI; and William Dirksing, Cincinnati, OH De La Rosa, Julian, Inspector General, U.S. Department of Labor, Washing- Erlenborn, John N., Esq., Seyfarth, Shaw, Fairweather and Geraldson, Wash- ington, DC, on behalf of The National Association of Manufacturers; E. Michael McCann, district attorney, Milwaukee, WI; Mary Jo Lenert, presi- dent, Lenert Plumbing, Inc., Naperville, IL, on behalf of the National Federation of Independent Businesses; and Sidney A. Shapiro, John M. Rounds Professor of Law, University of Kansas Law School, Lawrence, KA.. Scannell, Gerard F., Assistant Secretary for Occupational Safety and Health, U.S. Department of Labor, Washington, DC, accompanied by David S. Fort- ney, Deputy Solicitor for National Õperations, Department of Labor Wilson, Tyler J., on behalf of the U.S. Chamber of Commerce, prepared 202 Associated Builders and Contractors, prepared statement. 203 American Road and Transportation Builders Association, prepared statement. 208 209 ADDITIONAL MATERIAL Articles, publications, letters, etc. Text of S. 445 and Summary.. Article from the Detroit Free Press, Detroit, MI. Transcript of the sentencing proceedings "United States of America v. Responses of Mr. Scannell to questions asked by Senator Jeffords..... THE OSHA CRIMINAL PENALTY REFORM ACT THURSDAY, FEBRUARY 28, 1991 U.S. SENATE, SUBCOMMITTEE ON LABOR, OF THE COMMITTEE ON LABOR AND HUMAN RESOURCES, Washington, DC. The subcommittee met, pursuant to notice, at 10:10 a.m., in room SD-430, Dirksen Senate Office Building, Senator Howard M. Metzenbaum (chairman of the subcommittee) presiding. Present: Senators Metzenbaum, Hatch, and Jeffords. OPENING STATEMENT OF SENATOR METZENBAUM Senator METZENBAUM. Good morning. This hearing before the Labor Subcommittee focuses on S. 445, the OSHA Criminal Penalty Reform Act. Although we will be discussing specific legislation this morning, we must not lose sight of the ultimate point of our effort: To save the lives and limbs of America's working men and women. We introduced the OSHA Criminal Penalty Reform Act last week. It is identical to a measure reported favorably by the Labor and Human Resources Committee last August. I am particularly pleased that the ranking member of the subcommittee, Senator Jim Jeffords, is the principal cosponsor of the bill. Senator Jeffords's steadfast support of the bill underscores that protecting the health and safety of workers is not a matter of partisan politics nor should it be an issue that divides labor and management. Let me be clear about one point, and make it unequivocally clear: The OSHA Criminal Penalty Reform Act does not in any way affect the overwhelming majority of employers. By and large, employers are law-abiding citizens who do not intend to flaunt our laws. Each year thousands of workers are killed on the job and tens of thousands are seriously injured. Most of those deaths and injuries are the result of tragic accidents. But mere negligence is not a crime. This bill targets only those employers who willfully violate the law and thereby kill or seriously injure a worker. This bill sends a chilling message to the small group of outlaw employers in this country: If you willfully kill or seriously injure a worker, you will do hard time in Federal prison. Regrettably, the current OSHA criminal penalty system produces gross injustices. Under current law, if an employer willfully kills a worker, the maximum penalty under OSHA is 6 months in prison, a simple misdemeanor. That is not a penalty, it is an insult. (1) |