Federal Bill May Result


in More Oversight


Article provided by Tree Care Industry Association


As with any new administration, change will occur, and that is taking place within the Occupational Safety and Health Administration (OSHA). A trend is clear — more oversight and jobsite inspections. OSHA has increased its enforcement field force by 10 percent, and it appears that trend will continue in the coming years.


Recently, Congress and OSHA have proposed legislation called the Miner Safety and Health Act of 2010 (MSH). From its title, those in tree care or landscaping might think that this legislation wouldn’t apply to their business. While the bill is meant to address some of the recent issues within the mining industry, it also has the potential to affect the tree-care and landscape market as well with enhanced oversight.


The tree-care industry — industry associations, manufacturers, training firms — has a solid track record in creating and providing a safe jobsite environment for its workers. Oversight is vital to ensure we are all following the guidelines set forth to create a safe working environment.


In order to work toward our shared goals of healthful and safe workplaces, we are also encouraging OSHA to not only serve as an enforcement agency, but as a resource for employers as well.


The Tree Care Industry Association (TCIA) encourages company management to become familiar with OSHA safe work practice as well as recordkeeping requirements. TCIA members might want to review their “Surviving an OSHA Inspection” guidelines. For more information, please visit www.tcia.org.


SOME HIGHLIGHTS:


• OSHA currently has the ability to halt operations within an hour if a serious hazard poses an imminent danger to employees. The bill expands that oversight to include a complete work stoppage at a jobsite and order immediate changes. The potential work stoppage can be implemented without demonstrating an imminent threat or waiting for judicial review of the allegations. Failure to comply with the work stoppage could result in a fine of $7000 per day.


• The bill also increases the criminal liability, civil and criminal monetary penalties for “any responsible corporate officers” that “willfully” violate the MSH Act.


The Tree Care Industry Association has been advancing tree-care businesses since 1938. Continuous arboriculture information, training discounts and consumer promotions are some of the many benefits of TCIA membership. As this article suggests, TCIA keeps a regulatory watch for the industry — often doing work that some may think just happens. Find out how TCIA can help your business at TCIA.org.


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