Ralph et al.:
I'm still trying to digest the 33 page citation. The Wetterhan citation was long before OSHA increased their fine structure. I think that increase was north of 75%, so the proposed Dartmouth fine would be ca $24,000 in today's numbers.
While I've only made one not-so-critical pass through the citation, I've noticed a few things.
1. The first violation was made under the General Duty Clause and cites other standards that are not incorporated by reference in the OSHA standards. GDC violations without a specific standard are hard to stick, should the lab choose to fight it.
2. The Lab Standard portion of the citation reminds us that the Lab Standard is an exposure standard, nothing more. It is not a process standard.
3. Other consensus standards, such as NFPA, CGA, ANSI, etc. are important to the all-around lab safety package. The lab safety professional needs to be aware of the consensus standards, even if they are not incorporated by reference into OSHA. I've been preaching that for a long, long time.
4. The Lab Safety professional needs to be aware of all the other OSHA general industry standards as well - like electrical safety (one of the citations). That too, I have preached for a long time.
It will be a learning experience for us all, especially if Phoenix decides to fight it.
H


> >Does anyone know if this is the largest OSHA fine proposed against a lab?
Such a reasonable question, with such an inscrutable answer.
Rather than using the “largest ever” approach, perhaps a response with more context would be more valuable:
- The fine federal OSHA proposed against Dartmouth in the Wetterhahn fatality case was $13,500. OSHA and Dartmouth settled on $9000 as the final penalty.
https://www.osha.gov/pls/imis/establishment.inspection_detail?id=300441557
- The fine California OSHA proposed against UCLA in the Sangi fatality case was $31,875. I see reports that UCLA later appealed this fine, but I don’t see any information as to whether those fines were reduced as a result. The appeals were designed to avoid follow up liability rather than to save money.
https://www.labmanager.com/news/ucla-appeals-citations-20357
There are reports that if the UC System had been criminally convicted of the charges against it before the reached a settlement agreement, the fines could have been in the $4,500,000 range. The System's legal fees were in that range by themselves.
https://cen.acs.org/safety/lab-safety/Charges-dropped-against-UCLA-chemistry/96/web/2018/09
So the close to $1M number is very different from precedents from other lab citations, but OSHA has revised its penalty policy several times over the years to reflect inflation and increase its deterrence value, so “highest ever” compares apples to oranges.
Try fitting all that context into a headline ;).
- Ralph
Ralph Stuart, CIH, CCHO
ralph**At_Symbol_Here**rstuartcih.org
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Harry J. Elston, Ph.D., CIH, PMP
Principal, Midwest Chemical Safety, LLC
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