Two House Democrats wrote to Department of Labor (DOL) Acting Labor Secretary Julie Su requiring replies regarding allegations that California and South Carolina Occupational Safety and Health Administration (OSHA) agencies were warning companies about safety inspections in the workplace.
Reps. Alma Adams (D-NC), a Workforce Protection Subcommittee ranking member, and Bobby Scott (D-VA), a House Committee on Education and the Workforce ranking member, composed the letter responding to news reports that indicate inspectors are informing companies regarding impending inspections. One report emerged in a legislative hearing in California in which farmers and their advocates claimed that Cal/OSHA was giving employers advance notice about its “surprise” inspections.
As in the case of HIPAA violations, when state agencies receive reports regarding possible OSH Act violations that put workers in danger of harm, they conduct surprise inspections to evaluate compliance with safety and wellness rules. If companies receive a warning about the inspection, they can correct or tidy up their workplace. During the legislative hearing, acting chief Debra Lee of Cal/OSHA informed the committee about her concern after hearing that inspectors might be telling companies about impending inspections, violating state labor legislation.
In a series of New York Times (NYT) reports regarding the increase in child labor, an employer in North Carolina was interviewed and confessed to employing underage migrant employees. No safety equipment like helmets and belts are worn since they are quite troublesome. According to the reporters, in case of an OSHA inspection, the workers would go to the equipment truck to obtain the safety accessory and inspectors would sometimes give advance notices concerning inspections.
About this alarming account, Reps. Scott & Adams said that state plan agencies got $120 million in government funds for Fiscal Year 2024. If the news told by the reporters is true, South Carolina’s OSH Act compliance is questionable. Also, there’s a chance that government funds are utilized to help companies elude the discovery of child labor trafficking and violation of the child labor code.
The House Democrats have questioned Julie Su about how the DOL responds to legitimate allegations of OSHA officers giving advance notifications to companies, how state plan agencies ought to reply to legitimate allegations regarding advance notice being given by inspectors, and in case state plan officials are repeatedly giving advance notifications to companies regarding inspections without penalties, how OSHA will find out that the state plan agency is OSH Act compliant.
They additionally would like to know any difficulties the DOL has with tracking and implementing OSH Act compliance by state plan agencies and if it is a proper use of government funds for a state plan agency to allow a company to elude discovery for child labor trafficking or harsh child labor violations. If not, they would like to understand if the DOL has enough tools to deal with the problem. Reps. Scott & Adams want Su to give a response on or before September 20, 2024.
Photo credits: monticellllo, AdobeStock.com
