OSHA's effectiveness in reducing occupational injuries and fatalities in the construction workplace

OSHA's effectiveness in reducing occupational injuries and fatalities in the construction workplace
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Opening statement
OSHA has been quite effective at reduction of occupational injuries and fatalities at the construction workplace but penalties by this agency are not the major reason for the decline.
Background of the study
Occupational Safety and Health Administration was promulgated into the U.S safety policy in the 1970 through an act. It comprises of tort laws, programs for compensation and insurance of state workers and research programs including public awareness through education programs. The basis of research and education is to create awareness on what causes hazards at the workplace and the consequences in the event of the occurrence of a risk (Collins 2001). The National Institute of Occupational Safety and Health usually undertake the latter. In addition to the pillars of safety that make up the safety policy are other necessary variables such as the forces of the labor market. The establishment of wage premiums depends on the above variable. In addition, it entails the compensating wage differentials that require that each worker come to terms with health hazards that are tied to their jobs (A Staff report on the oversight of OSHA 1985).
The safety Policy in the US has been on a constant path of evolving from one government to another. This owes to the attempt by the succeeding government to improve on the failure of its predecessor especially on matters pertaining safety at work (Gallagher 2001). Initially a common-law tort system had been in operation but ended up as a failure. This is attributed to the fact that many workers were left without compensation because of the legislation of the so called "after the fact negligence determination" by the court. This initiative could not prevent workplace injuries and in addition increased the uncertainty of payments for injuries sustained. This led to the replacement of the law with the state workers compensation act (Gochnour 2001). In the 1960s, the workers compensation benefits lost its purchasing ability due to inflation and in addition, there was an increased workplace injury. These two factors led to the establishment of OSHAS act in the 1970.
Apart from the formation of OSHA and NIOSHA to carry out research lay down workplace guidelines, the Act also saw the creation of National Commission on State Workmen`s Compensation Laws whose aim was to change programs for workers compensation apart from boosting reward for income replacement (Hartnett 1996). This was an effective modification but it came with an increased cost in the acquisition of workers compensation coverage. This is as the result of the increased benefits that are speculated to be the reason for an increase in claims that are frauds.
Over the years, OSHAS has been able to reduce the number of workplace injuries through the enforcement of its workplace safety guidelines (Krueger 1990). These include educating and sensitizing the workers on causes and impacts of workplace injuries including precautions. In addition, industries including construction industries have to abide by the set regulation of OSHAS concerning making the workplace safe. This include providing insurance covers to employees, issuance of safety paraphernalia such as helmets, safety boots and clothing, and specifying simple and precise action plan in case of workplace casualties. Failure to comply with such regulations may lead to revoking of operation license of shutting down of the industry (Kalof 2008). Such rules and regulation are viable and actually work. This is evidenced by the reduced incidences of workplace deaths in a period spanning over 64 years. By the end of 1980, the rate of fatality declined by 80% to 3.5 per every 100,000 workers (Kniesner 1995). This is illustrated in the chart below.
Fatalities in the workplace between 1928 and 1992
Adapted from National Safety Council. Accident Facts, 1994 Edition (Kniesner 1995).
The question is; How effective is OSHA in reduction of occupational injuries and fatalities in the in the workplace? Injuries in the workplace have declined with the onset of OSHA (LaTourrette 2008). However, it has been one of the most despised government agencies over the years. It has been described as wicked initiative of the government to implement and enforce exorbitant, inefficient, and overrated standards. It is regarded as inconsiderate scheme that forces businesses out of the market from harsh penalties that leads to their bankruptcy. Left wing political critics point out that OSHA is unable to perform its expected duties (Wise 1987). According to their school of thought, the agency is short of inspectors and operates under constrained budget allowances. As a result, it cannot fulfill it legislative obligation of ensuring workplace safety.
The root of the problem is not OSHA but unhealthy and unjustified political warfare between the congress and the executive both controlled by different parties (Republicans and democrats). Each party has its own set of ideologies that stipulates the "ideal" structure and operations of OSHA (Mitchell, 1982). Such political haggling has affected OSHAS funding making it stable over the tenure of different political leaders in the US as indicated in the graph below. This has put the ability for OSHA to meet occupational safety in doubt and possible jeopardy. Furthermore, OSHA operates on limited resource due to the political intolerance. This insinuates that it cannot adequately cover the workers, approximately 6million workers, who are under its statute. On the other hand, the inspectors attached to this agency are as few as 2000 hence are overwhelmed by the 6milion workers they are expected to reach. In addition, OSHA is inefficient in levying penalties to industries that are consistent with the cost of adopting technologies that are in harmony with it standards. As a result, the owners of certain industries fail to comply with OSHA`s standards and pay the peanuts fine. This makes the construction workplace and other workplace not safe to work in (Oi 1975).
OSHA`s almost constant budget under different presidential tenures (1973-2003)
Source: U.S. Budget, various years (LaTourrette 2008)
Gaps in prior research
Enforcement of the safety policy at the workplace by inclusion of a penalty in case of failure to comply is an effective method. Many researches indicate that the rate of injury at the workplace has decline especially after penalizing those that did not meet OSHA`s standards (Ostroff 1999). Research indicates that enforcement of counter actions by OSHA is effective in influencing employer`s decision on workplace safety in the construction industries and other industries. However, prior research does not identify if enforcement through penalties is the major driver in attaining workplace safety. Over the years cases of fatalities in the construction workplace has declined steadily yet the statuary penalties have remained almost the same. This raises the question whether penalties are the only way to go. Washington State Department of Labor and Industries` Safety and Health Assessment and Research for Prevention Program conducted a research between 1998 and 2008 and found out that injury claims in inspected facilities and industries had declined significantly. From one perspective, extensive inspection may be one reason among many for declined fatalities in the construction work place.
Importance of the study
This research seeks to address the issue of OSHA`s effectiveness in attaining workplace safety in construction industries. OSHA uses different approaches to achieving workplace safety from education, fines, and inspections. There has been a decline in the rate of injuries in the workplace even with constant statuary fines over the years. This calls for inquisition into other possible drivers that may be the cause for this decline. The question whether deterrence of payment fines can act as an incentive to an employer to provide a safer workplace was explored in this research.
Problem statement
OSHA`s effectiveness in reducing occupational injuries in the workplace can be analyzed in terms of the drivers behind achieving its goals. It is not clear whether occupational injuries have reduced because of strict penalties enforced by OSHA or from other initiatives.
Purpose of the study
Research design: Case Study
Research was based on data and information collected from various sources about OSHA`s effectiveness. Case study will enable intensive analysis on How OSHA has been able to reduce occupational injury at the work place over the years. The outline for the case study analysis is as follows:
* Definition of research questions
* Selection of appropriate cases and determination of data collection and critique methods
* Data collection preparation
* Actual data collection
* Data analysis and evaluation
* Report preparation
Use of case study is a viable option since it allows collection of sufficient and detailed information compared to other methods (Bordens 1991). In addition, it is applicable where there are few samples on a certain variable. For instance, there is miniature data on the effectiveness of OSHA in reduction of occupational injury in construction workplace.
Research Intent
This research seeks to identify the drivers that illustrate the effectiveness of OSHA in reduction of occupational injuries and fatalities in the construction workplace. These include Penalties, inspections, education and incentives to employers (Reese 1999).
Central phenomenon
The main issue under investigation is the effectiveness of OSHA in reduction of occupational injuries and fatalities in the construction workplace.
General definition of central phenomenon
OSHA has been successful in reduction of Occupational injuries in the construction workplace over the years. OSHA`s penalizes employers who fail to uphold its standards. However, the rate of fatalities and injuries has dropped over the years despite a constant penalty rate (Ruser 2010). Thus, insight is required to comprehend the effectiveness of OSHA in enforcement of its regulations especially where penalties are not concerned.
Research questions
* How effective is OSHA in reduction of occupational injuries and fatalities in the construction workplace?
* What are the major drivers or factors that can be associated with the reduced rate of injuries in the workplace?
Sub-question
* What is the role of politics on OSHA`s structure and operation?
Theoretical or conceptual framework
Theoretical basis
Conceptually, the need to develop an effective operability within technical work places has developed a need to come up with better approaches and attention in the development of a safe workplace. Principles of capital have raised a need for a better understanding of the manner in which the major attributes should be handled. This paper focuses on expectancy theory as the major theory that has been employed in the study of employee reaction in the wake of viable operations at the work place. Many scholars have died in the past while doing tests especially during the discovery of nuclear energy. More scientists have died on various contexts and their life stories live on. Victor Vroom devised the theory in a bid to come up with a better framework for understanding human aspects within the work place. Notably, some of the accidents occur to psychological problems such as absentmindedness. Essentially, some of the labor-intensive tasks experience a high level of casualties following according to scientific studies OSHA effectiveness was analyzed in the light of the above theory (Bordens 1991).
Former application of the theory
Theories have been employed to define incidences of safety at the work place. Some scientists have asserted that during intensive study and research, compromise of one`s heath is inevitable (Bordens 1991). However, the truth behind this statement is unverified. In a modern day laboratory, blind tests are not allowed since it is possible to come up with simulations even before the actual tests.
Hypotheses of the theory
* Major and minor injuries are still common in places across the world, due to various reasons.
* The rate of occupational injuries and workplace have reduced in the occupational workplace but not necessarily due to penalties enforced by OSHA.
* Politics pl...