By J Dale Debber, publisher
In speeches, I like to remind audiences that professional safety personnel are the unsung heroes of industry. They prevent injuries and deaths and as a result, keep families together.
A new administration provides an opportunity to provide Cal/OSHA with new leadership. In this case, it is critical for the Governor to consider refreshing a troubled agency.
It is clear Cal/OSHA –– the Division of Occupational Safety and Health –– is in dire need of a strong, experienced leader who is management-oriented.
At least five candidates have applied for the chief’s post, include three in-house candidates and two from the outside. Making a political appointment to appease a special interest group could drive the agency further away from its mandated path.
The past year has seen evidence of troubling patterns at DOSH.
The arrest of a district manager for alleged bribery, the quickly defused promotion scandal involving allegedly “leading” questions on the exam, and the turmoil and near rebellion at the Bureau of Investigations were unprecedented in the Division’s history. Coincidence? Bad timing?
What led to these troubling incidents is an abject lack of leadership and control and direction.
Scandals aside, DOSH insiders and former inspectors reveal a deep morale problem at the Division.
Some former COSHOs tell us they quit Cal/OSHA because of often heavy-handed approach to employers taken by managers.
Others gave up because of what they say is a go-easy approach. Dissatisfaction is common in any governmental agency and even to be expected.
The answer here is to enhance the Division’s sense of mission and professionalism and find a consistent and fair approach to promoting and enforcing safety. And to implement modern technologies to assist inspectors with effective and objective decision making and results.
An excellent example of the often-illogical processes employed is in this edition of Cal-OSHA Reporter.
Fatalities are the most serious incidents DOSH investigates and cites, but sometimes in its zeal, the results defy common sense. Note the case against Douglas Hsiung and Amy Wang-Hsuing, a San Jose couple who hired a contractor (apparently unlicensed) to remodel their house. He was electrocuted, likely because of his own deeds while working on upgrading wiring for the kitchen.
The Hsiungs were cited for, among other things, the lack of an IIPP, not having a hazardous energy control procedure for the operation, and not having a heat illness prevention plan. Now the couple faces almost $34,000 in proposed penalties and a trip through the Appeals Board system.
Theirs is the epitome of the big bureaucratic bungle.
And no one will be better for it – no homeowner in the nation will take the lesson and develop an IIPP, a written hazardous energy control procedure – in this case hiring someone with the common sense to flick off the breaker, or creating a heat illness protection program. But many homeowners will hear about and recognize how Cal/OSHA acts under a Democratic administration.
In another recent fatality case, a pool cleaner drowned at a residence, and his employer was cited for failing to have him wear a life ring.
These are examples of what many say is overreach by the Division. OSHA defense attorneys regularly tell us story after story of these absurd situations. Simply throwing citations to see what sticks is the way not to promote safety, rather resentment and expensive litigation.
Over the years, DOSH also has been less open and seemingly more secretive. That needs to change as well.
These issues are not new, but the opportunity to reinvigorate Cal/OSHA’s culture is. We urge Gov. Gavin Newsom to seize this opportunity and offer bold, decisive, experienced and innovative leadership to this important agency. Former governors seem to have seen Cal/OSHA as an afterthought.