Document NN22mkYxDowgL2KqKdd5w0QmQ

HMBB-HH32813 [ NEWMYER ASSOCIATES. INC.. 1 220 L STREET, N W.. SUITE 425. WASHINGTON. D.C. 20005 Westinghouse Electric Corporation QaJe December 13, 1991 Mr. William MacLaurin (Stevens)* cc: Mr. Briskman* Ms. Darling^ Mr. Kerns* Mr. Mahon* Mr. Pitts**' Mr. Palmieri* Mr. Rayburn Mr. Spodak Mr. Upchurch* Mr. Wright Washington Office* Re: Job Safety Enforcement -- Report of Interest Group In a public interest group's review of safety and health enforcement against 50 of the nation's largest manufacturing companies, Westinghouse was listed as having the second highest number of citations from the O.S. Occupational Safety and Health Administration from 1977-1990," with a rate of 99.5 per 10,000 employees. The report said that the company received 1,338 . citations and paid S143,799 in penalties of a total of $248,200 that had been assessed against westinghouse. The report also said that OSHA recorded 19 fatalities and four injuries at company operations during the period. Aggregated data for Federal and state OSHA citations was presented from 1982-90 and shewed Westinghouse with 942 citations, 70.1 percent per 10,000 employees. Workers at Risk, issued this week by a Ralph Nader sponsored organization, declared that the agency leveled penalties for only 32.4 percent of the citations filed against the 50 largest firms and collected only 53.1 percent of the penalties initially imposed. General Electric was cited as "by far the most frequent violator of workers safety and health regulations." Essential Information, Inc., the Nader-founded unit that conducted the study (and sold it for $10 a copy after holding a news conference here), said that it obtained the information from OSHA through a Freedom of Information Act request. James Donahue, who produced the work, noted that mergers and corporate restructuring made it difficult to trace subsidiaries to corporate parents. The report makes no reference to OSHA's policy of reducing penalties in exchange for agreements by employers to (1) abate identified hazards without resorting to their right to appeal citations and (2) institute training and abatement practices throughout their facilities nationwide rather than only at the inspected operations. Attached are copies of the report. Attachment* Newmyer Associates r HHBB-OH3281S Workers at Risk A. Survey of OSHA's Enforcement Record Against the 50 Largest U.S. Corporations By James Donahue Essential Information, Inc. Copyright 1991 HMUB-UU37816 METHODOLOGY OF THE SURVEY Essential Information surveyed enforcement data obtained from the federal Occupational Safety and Health Administration (OSHA) for the 50 largest corporations listed 'TJs in the 1990 Fortune 500. The data was obtained through the Freedom of Information Act from the Office of Management Data Systems of the federal OSHA in Washington, D.C. It includes inspection reports that list the name of the violator, the regulation violated, the OSHA citation date and case-closed date, the type of violation (i.e. serious, willful, repeat or *>: other), the initial and final penalties issued for each violation, fatalities and injuries and whether the cited facility had a union or nonunion workforce. The enforcement data from the federal OSHA spans a 14-year period from 1977 through 1990. In addition to the inspection reports of the federal OSHA, reports from 18 of the 21 states that conduct their own occupational safety and health enforcement were surveyed for the period from 1982 through 1990. Those states are Alaska, Arizona, Hawaii, Indiana, Iowa, Kentucky, Maryland, Minnesota, Nevada, New Mexico, North Carolina, Oregon, South Carolina, Tennessee, Utah, Vermont, Virginia and Wyoming. This data was provided by the federal OSHA. Data from state-controlled enforcement programs in California, Michigan and Washington was not available from OSHA and is not included in this study. LIMITATIONS OF OSHA'S COMPUTER SEARCH SYSTEM OSHA's computer system typically does not indicate the parent company name when citations are recorded for subsidiaries. Consequently, in order to obtain a complete picture of violations, the names of all subsidiaries, in addition to the parent company name, must be searched individually. It is not possible, for example, to search OSHA's computer system 1 solely by the name of the parent corporation and obtain violations of ail subsidiaries. When OSHA conducts a computer search by parent company name only, as it did for this survey, -T enforcement data is provided only for the parent and those subsidiaries with names similar to that of the parent. For example, searches under the name of General Motors will provide enforcement data for both the parent as well as the GM subsidiary General Motors Acceptance Corporation. In contrast. Electronic Data Systems Corp., also a GM subsidiary, would not be provided, unless, by chance, an OSHA inspector recorded the parent name next to the subsidiary name on the inspection report. Due to the costly and rime-consuming task of identifying and searching literally hundreds of individual subsidiaries owned by the 50 surveyed corporations, this study is limited to an examination of enforcement against the parent corporation and significant subsidiaries identified by names similar to that of the parent. MERGERS & CORPORATE RESTRUCTURING Until the mid-1980s, Amoco was a subsidiary of Standard Oil of Indiana and Chevron was a subsidiary of Standard Oil of California. Although Amoco and Chevron are included in this survey, both Standard Oil companies are not In addition, a few of the surveyed corporations were formed during the 1980s by a merger between two or more corporations. In this case, enforcement data from each company involved in the merger is included in this survey in addition to the post-merger corporation. Allied-Signal Corp. was established in the mid-1980s by the merger between Allied Chemical and the Signal Companies. Enforcement data from each of the two latter companies is included in this survey under Allied-SignaL RJR Nabisco was established in the late 1980s with the merger between R.J. Reynolds 2 r HMBB-HM32818 Tobacco Co. and Nabisco Corp. Pre-merger data from RJR and Nabisco is included in this survey under RJR Nabisco. Unisys was established in the mid-1980s with the merger berween Sperry Corp. and Burroughs Corp. Pre-merger data from Speny and Burroughs is included under Unisys. Manufacturing facilities were the primary focus of this study and consequently gasoline service stations and auto dealerships were not included in the survey. CITATIONS & PENALTIES PER 10,000 EMPLOYEES The number of citations and penalties per 10,000 employees is also included in this survey. The number of employees per company is based on an average over the entire 14year period. The number of employees for the entire period, however, was not available for six of the corporations. Consequently, averages were calculated over a time span of less than 14 years: the average number of employees for Sara Lee and Chevron was calculated from 1985 through 1990; Amoco's average was calculated from 1986 through 1990; Shell's average was calculated from 1977 through 1985; Conagra's average was calculated from 1977 through 1988; and RJR Nabisco's average was calculated from 1977 through 1988. The average number of employees for corporations formed by a merger was calculated by averaging both the number of employees for all corporations involved in the merger and the number of employees after the merger. SUMMARY OF RESULTS The results of this survey are conservative. The exclusion of subsidiaries and the lack of information from three state-wide OSHA programs that conduct enforcement separately 3 from the federal OSHA produces an under-reponing of violations. The results distinguish between enforcement conducted 1) from 1977 through 1990 by the federal OSHA exclusively and 2) from 1982 through 1990 by the federal and state OSHA programs combined. o_,, Enforcement data was recorded by the date on which OSHA closed its case against the corporation, not the date on which the citations were issued. The totals for fatalities and injuries, however, were recorded by the date at which the case was first opened by OSHA. FEDERAL OSHA ' The federal OSHA issued citations in 3,611 inspections from 1977 through 1990. Citations and penalties are presented in Tables 1, 2 and 3. Table 1 shows that the federal ' OSHA issued 17,318 citations against 48 of the 50 surveyed corporations and imposed a penalty for only 32.4 percent of those citations. Table 2 shows that the federal OSHA imposed 5,605 penalties against the corporations. The vast majority of the penalties were imposed for serious violations; serious violations are issued when OSHA finds that a company should have known of a substantial probability of an accident resulting in death or serious injury. Penalties imposed for willful violations were least common of all; willful violations are committed with an intentional disregard of, or plain indifference to, occupational safety and health regulations. Table 3 shows that OSHA imposed S7.1 million in initial penalties against 48 of the 50 corporations and required final payment of S3.8 million. The corporations collectively paid only 53.1 percent of the penalties initially imposed by OSHA. Of the 3,611 total federal OSHA inspections, 79.2 percent involved facilities operated by union labor while 20.8 percent were non-union. Facilities operated by union labor were 4 r also more frequently cited for safety violations than non-union facilities; Table 11 shows that the federal OSHA issued 14,185 citations against union facilities and 3,133 citations against non-union facilities. The agency imposed a penalty for 34.3 percent of the citations issued against union facilities and 23.8 percent of citations issued against non-union facilities. Table 14 shows that union facilities collectively were fined S3.5 million by the federal OSHA and paid 52.6 percent of the initial penalties. The table also shows that non-union facilities were fined $268,217 and paid 60.4 percent of the initial penalties. STATE OSHA Table 7 shows that 18 of the 21 state-operated occupational safety enforcement agencies issued 3,897 citations against 48 of the 50 surveyed corporations from 1982 through 1990. Penalties were imposed for only 1,031, or 26.4 percent, of those citations. The data does not provide a reliable comparison of enforcement between states because each state does not contain the same number of facilities. Nevertheless, a comparison is made here to illustrate the extent of state enforcement against the 50 surveyed corporations. Oregon's enforcement program was the most aggressive. The state issued 1,298 citations and imposed $101,515 in penalties against the corporations from 1982 through 1990. Kentucky ranked second but followed far behind Oregon with 392 citations and $28,289 in penalties. Indiana, Minnesota and North Carolina immediately followed Kentucky and ranked third, fourth and fifth, respectively, in the number of citations issued. Ranking with the smallest number of citations were Arizona, Nevada, New Mexico, Alaska and Iowa. FEDERAL & STATE COMBINED The federal OSHA and state agencies collectively issued citations in 2,823 inspections 5 r -sy. from 1982 through 1990. Tables 4, 5 and 6 rank the corporations by citations and penalties imposed by both the federal and state agencies in the nine-year period. Table 4 shows that both the federal OSHA and the state agencies collectively issued 13,116 citations against 48 of the 50 surveyed corporations and imposed a penalty for oniy 31.6 percent of those citations. Table 5 shows that the vast majority of penalties were imposed for serious violations while willful violations were the most infrequent A total of S5.6 million in penalties was initially imposed, while only $3 million was actually paid. Final penalties represented 54.4 percent of initial penalties. MOST FREQUENT VIOLATORS UNDER FEDERAL ENFORCEMENT Table 1 shows that the federal OSHA typically imposes a penalty for about one-fourth to one-third of the citations issued, regardless of how frequently a corporation is cited. General Electric (GE) was by far the most frequent violator of worker safety and health regulations. From 1977 through 1990, GE violated federal worker safety and health regulations 2.017 times and paid a penalty for 27.3 percent of those violations. Among the 20 corporations most frequently cited by the federal OSHA, GE paid a penalty on the second smallest proportion of its total citations, despite its ranking as the most frequent violator. Westinghouse followed GE with 1,338 violations of federal safety and health regulations. The corporation paid a penalty for 31.2 percent of its total citations. Following GE and Westinghouse, and ranking in the top five cited companies, were General Dynamics, General Motors and International Paper, respectively. Table 1 also shows that International Paper was the most frequent violator per 10,000 employees. The company received more than 237 citations per 10,000 employees, while 6 Georgia Pacific, Weyerhaeuser and General Dynamics followed with 221, 137 and 130 citations respectively. MOST FREQUENT VIOLATORS UNDER FEDERAL & STATE ENFORCEMENT Table 4 shows that under the federal and state enforcement programs, GE ranked number one in violating safety regulations from 1982 through 1990. GE violated such regulations on 1,498 occasions and was penalized for only 25.5 percent of the citations issued. Weyerhaeuser followed with 1,212 violations; it paid a penalty for only 34.2 percent of the citations issued. Following GE and Weyerhaeuser, and ranking in the top five, were Westinghouse, International Paper and General Dynamics, respectively. Table 4 also shows that Weyerhaeuser was the most frequent violator per 10,000 employees. The company received more than 277 citations per 10,000 employees, while International Paper and Georgia Pacific followed with more than 201 and 197 citations respectively. Occidental Petroleum and Pepsico were not issued a citation or penalty and did not appear at all in the federal or state enforcement data.' In the United States, Occidental Petroleum is represented primarily by subsidiary names rather than the parent name. This may explain the lack of any violations in the OSHA data. In addition, unlike most oil companies, Occidental Petroleum does not have any U.S. oil refineries; such workplaces are frequently cited by OSHA for safety violations. In 1991, Occidental Petroleum was ranked by Forbes magazine as the eighth smallest employer of the 50 corporations surveyed. PENALTIES General Motors (GM) paid the greatest amount in federal OSHA penalties as well as 7 r federal and state OSHA penalties combined. Table 3 shows that from 1977 through 1990, GM paid $654,499 in federal OSHA penalties; Table 6 shows that from 1982 through 1990 GM paid $609,004 in federal and state OSHA penalties combined. Following GM in the top five ranking of federal OSHA penalties were Ford Motor Co., Chrysler, General Dynamics and Texaco. Following GM in the top five ranking of federal and state OSHA penalties were Ford Motor Co., Chrysler, General Dynamics and USX. Although GE was cited more frequently than any corporation, it ranked sixth in the amount of penalties imposed exclusively by the federal OSHA and by the federal and state OSHA combined. ENFORCEMENT TREND The 14-year trend of citations and penalties issued by the federal OSHA is shown by the graphs in Figures 1 and 2. Figure 1 depicts the late 1970s as the most aggressive enforcement period while the 1980s are characterized by declining federal enforcement Throughout the entire period, however, the total number of citations was never fully matched by a similar number of penalties. Figure 2 shows that no penalty or penalties totalling $1 $1,000 were imposed for the vast majority of inspections in which a citation was issued. Figure 2 also shows that penalties totalling $10,000 or more were rarely, if ever, imposed by OSHA. The nine-year trend of citations and penalties issued by the states is shown by the graphs in Figures 3 and 4. While the federal government was reducing the number of citations and penalties in the 1980s, Figure 3 shows that the state agencies were gradually increasing enforcement efforts. The increase, however, was not matched with stringent penalties. Figure 4 shows that no penalty or penalties totalling SI - $1,000 were imposed for 8 r MMBB-0H3?82*i the vast majority of inspections in which at least one citations was issued. Similar to the federal OSHA, state agencies rarely, if ever, imposed total penalties of $10,000 or more. Figure 5 depicts the dollar value of initial and final penalties imposed by the federal OSHA in each year from 1977 through 1990. The figure shows the late 1970s as a period of increasing penalties while the early and mid-1980s were a period of decline. A sudden increase in penalties occurred in 1988 and 1989; Figure 1 shows, however, that stronger penalties in 1988 and 1989 were not matched by a similarly strong increase* in the number of citations and penalties. Although the dollar amount of penalties was significantly higher in 1988 and 1989 than at any other time, the number of citations and penalties was significantly higher during the late 1970s. Figure 6 shows the dollar value of initial and final penalties imposed by the state OSHA programs in each year from 1982 through 1990. It shows that the states were generally increasing penalties except for periods of decline in 1984, 1988 and 1989. FATALITIES AND INJURIES Table 15 shows that the federal OSHA recorded 1,141 fatalities and injuries from 1977 through 1990 for 43 of the 50 corporations; 418 workers were killed and 723 injured. On average, 6.8 employees were killed or injured each month during the 14 year period. Phillips Petroleum topped the list with 122 fatalities and injuries, followed by Goodyear Tire & Rubber Co. with 96. No deaths or injuries were recorded for Bristol Myers, Eastman Kodak, Hewlett Packard, Occidental Petroleum, Pepsico, Philip Morris or Xerox. 9 --S -'' `--* --- ` ~____ --<"r ------ . --. --^ --. --- - --- -_^ . TABLE 1. NUMBER 07 FEDERAL OSBA CITATIONS (1977 THROUGH 1990) - ~ c.-ORATION CITATIONS CITATIONS PER 10,000 EMPLOYEES PERCENTA' CITATIONS PENALT GENERAL ELECTRIC 2 westinghouse GENERAL DYNAMICS n GENERAL MOTORS z INTERNATIONAL PAPER GEORGIA PACIFIC FORD MOTOR A GOODYEAR 3 CATERPILLAR 1 C WEYERHAEUSER ROCKWELL 1 2 CHRYSLER 1 3 TEXACO ^ 1 NA3ISCO 15 ARCO 1 5 UNISYS m , LOCKHEED 13 MOBIL 1 3 CONAGRA 20 ALLIED SIGNAL 21 BOEING 22 USX 23 SUN 24 ALCOA 2 5 ANHEUSER 3USCH 26 CHEVRON 27 EXXON 28 AMOCO 23 DUPONT 30 TENNECO 31 PHILLIPS 32 3M 33 PROCTER & GAMBLE 34 UNITED TECHNOLOGIES 35 SHELL 3 6 DIGITAL EQUIPMENT 2 7 DOW 3.8 XEROX 39 JOHNSON & JOHNSON 40 MOTOROLA 41 SARA LEE 42 MCDONNELL DOUGLAS 43 UNOCAL 44 HEWLETT PACKARD 4 5 EASTMAN KODAK 46 IBM 47 3RIST0L MYERS 43 PHILIP MORRIS 49 OCCIDENTAL PETROLEUM 50 PEPSICO 2017 1338 1158 1115 1046 907 896 320 622 601 516 502 417 396 382 315 295 291 284 272 263 240 232 226 199 195 179 173 156 128 126 124 106 101 100 95 . 92 84 69 67 44 35 36 26 14 9 7 2 0 0 56.7 99.5 130.0 14.4 237.7. 221.2 21.8 61.1 88.5 137.5 46.2 39.1 69.1 32.4 93.2 24.8 39.2 17.1 99.6 23.4 24.7 21.2 66.5 49.3 69.8 36.2 12.8 34.6 10.6 12.8 45.3 14.5 16.9 5.6 28.3 13.4 16.7 7.6 9.4 8.2 4.8 4.1 19.7 4.0 1.1 0.2 2.0 0.2 - 27.3 31.2 31.0 34.3 34.9 28.8 39.2 27.2 34.0 29.3 30.0 41.8 55.1 30.3 29.3 29.5 31.5 40.2 35.9 35.7 25.1 55.0 31.9 33.6 31.6 35.4 25.1 32.4 26.3 29.7 42.1 19.3 27.3 28.7 41.0 15.8 32.6 9.5 24 . 6 32.8 40.9 17.1 36.1 11.5 28.6 22.2 57 .1 50.0 ~ TOTAL 17318 32.4 10 ^ rs -- ' ___. .__ m. --./T^. -------~^y. -- ~' --. ---.-- -^; .. --- -- z__ * - V -- TABLE 2. NUMBER OF FEDERAL OSHA PENALTIES (1977 THROUGH 1990) -o rsi so fN '*'' = ? ORATION PENALTI ES PER 10, 000 PENALTI ES EMPLOYE ES SERIOUS WILLFUL REPEAT CTrr" I 33 a 1 GENERAL ELECTRIC 2 WESTINGHOUSE 3 GENERAL MOTORS 4 INTERNATIONAL PAPER 5 GENERAL DYNAMICS 5 FORD MOTOR 7 GEORGIA PACIFIC 3 TEXACO 9 GOODYEAR 13 CATERPILLAR 11 CHRYSLER 12 WEYERHAEUSER 13 ROCKWELL 14 USX 15 NABISCO IS MOBIL 17 ARCO 13 CONAGRA 19 ALLIED SIGNAL 20 LOCKHEED 21 UNISYS 22 ALCOA 2 3 SUN 24 CHEVRON 25 3CEING 26 ANHEUSER BUSCH 27 AMOCO 23 PHILLIPS 29 EXXON 30 DUPONT 31 SHELL 32 TENNECO 3 3 DOW 34 PROCTER & GAMBLE 35 UNITED TECHNOLOGIES 36 3M 37 MOTOROLA 33 SARA LEE 39 JOHNSON & JOHNSON 40 DIGITAL EQUIPMENT 41 UNOCAL 42 XEROX 43 MCDONNELL DOUGLAS 44 BRISTOL MYERS 45 EASTMAN KODAK 4 5 HEWLETT PACKARD 4 ~ IBM 48 PHILIP MORRIS 49 OCCIDENTAL PETROLEUM 50 PEPSICO 550 413 383 365 359 351 261 230 223 211 210 176 155 132 120 117 112 102 97 93 93 76 74 69 66 63 56 53 45 41 41 33 30 29 29 24 22 18 17 15 13 8 6 4 4 3 2 0 0 TOTAL 5605 15.5 31.1 4.9 82.9 40.3 8.5 63.6 33.1 16.6 30.0 16.4 40.3 13.9 11. 6 9.3 6.9 27.3 35.8 3.3 12.4 7.3 16.6 21.2 12.8 6.2 22.1 11.2 19.1 3.2 2.8 11.6 3.8 5.4 4.6 1. 6 2.8 2.7 2.0 2.3 2 .1 7 .1 0.7 0.7 1.1 0.3 0.5 0.0 0.1 - 468 359 326 329 198 234 220 192 209 137 128 164 142 101 109 95 95 87 67 80 76 51 58 59 56 58 54 42 39 37 38 32 18 27 24 24 21 13 16 14 13 7 5 4 3 3 2 1 0 0 4590 13 3v 21 9 14 16 8 11 0 6 22 2 0 15 1 0 1 0 1 0 3 0 3 3 3 1 2 5 2 3 3 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 172 33 30. 29 12 55 33 24 20 9 60 35 6 5 12 9 4 6 6 12 12 8 20 0 4 5 4 0 0 0 0 0 5 12 0 1 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 472 36 25 7 15 92 13 9 7 5 3 25 4 3 4 1 13 10 9 17 ` 14 6 13 3 2 0 0 6 4 \ 0 1 2 4 i A 3 0 0 * j o 37 1 11 i r i huiw-tnms?/ TABLZ 3. FEDERAL CSEA PENALTIES (1977 THROUGH 1990) ''-- " ._____"! --- ' '~ '=^- c_: -- >c? ----. *- * -H "- " . --- -- _r --- --T. :A~=iTICN . GENERAL MOTORS 2 FORE MOTOR 3 CHRYSLER 4 GENERAL DYNAMICS TEXACO 6 GENERAL ELECTRIC 7 INTERNATIONAL PAPER 3 USX 9 WZSTINGHOUSE * - n^ c.r* t GECRGIA PACIFIC 12 CATERPILLAR * * CCOOYEAR _ 4 WEYERHAEUSER 15 CHEVRON 1 3 ROCKWELL -? NA3I SCO 1 5 ARGO 19 ALLIED SIGNAL 2G BOEING 21 LOCKHEED 22 AMOCO 23 UNISYS 24 CONAGRA 2 c SUN 26 MOBIL 27 PHILLIPS 23 DUPONT 29 ALCOA 20 ANHEUSER 3USCH 31 EXXON 32 TENNECQ 23 PROCTER i GAMBLE v 1 MOTOROLA 3M 26 OIGITAL EQUIPMENT 37 UNOCAL 23 UNITED TECHNOLOGIES F9 JOHNSON & JOHNSON 40 DOW 41 SARA LEE 42 XEROX 43 EASTMAN KODAK 44 BRISTOL MYERS 45 MCDONNELL DOUGLAS 4 5 IBM 47 43 PHILIP MORRIS T9 OCCIDENTAL PETROLEUM t O PEPSICO .'Jl FINAL PENALTY INITIAL PENALTY $654,499 462,085 370,803 274,635 229,773 199,322 156,418 151,855 143,799 130,935 114,950 101,652 67,770 53,830 43,330 42,106 41,005 38,803 37,425 36,685 34,356 34,305 34,290 34,047 33,055 32,805 31,220 28,910 29,651 23,120 20,145 15,120 11,730 8,240 6, 800 6, 750 6, 710 6, 445 6,290 6, 050 3, 675 3, 350 3, 150 1,440 1,295 1,157 780 560 0 0 ' $912,900 781,735 1,068,642 656,610 416,631 324,803 210,630 284,500 248,200 273,780 150,201 446,100 95,320 71,841 52,680 59,370 59,280 143,248 43,025 44,000 39,480 47,220 48,625 41,690 51,580 70,430 74,480 90,340 46, 975 35,065 46,740 22,395 14,370 12,210 8,460 6,750 8,780 15,040 7, 780 49,000 4,530 3, 350 5, 340 1, 8 60 2,390 25,360 780 560 0 0 $3,781,181 $7,125,576 12 INITIAL PENALTIES : 71.7 59.1 34.7 41.3 55.2 61.4 74.3 53.4 57.9 47.8 76.5 22.8 71.1 74.9 32.3 70 . 9 69.2 27.1 87.0 83.4 87.0 72.6 70.5 81.7 64.1 46.6 41.9 32.0 61.0 80.2 43.1 67.5 81. 6 67.5 80.4 100.0 7 6.4 42 . 9 80 . 8 12.3 81.1 100.0 59.0 77.4 44.8 4.6 100.0 100.0 - - 53.1 \ rI MWBB-0032828 If ~ --- ->> _ --" .---- . _ ^v *___ ' ~-- "F . -^ -- __ _ 1^'. . ---- -- J - --: .---- . "v" ---- ` TABUS 4. NUMBER Or fEDSBAL 6 STATE OSHA CITATIONS (1982 THROUGH 1990) f.PORATICN GENERAL ELECTRIC 2 WEYERHAEUSER 3 WESTINGHOUSE 4 INTERNATIONAL PAPER 5 GENERAL DYNAMICS 6 GEORGIA PACIFIC 7 GENERAL MOTORS 5 GOODYEAR 9 FORD MOTOR 10 CATERPILLAR ROCKWELL 12 CHRYSLER 13 NABISCO 14 ARCO 15 BOEING 16 USX 17 LOCKHEED 13 AMOCO 19 UNITED TECHNOLOGIES 20 MOBIL 21 CONAGRA 22 ALLIED SIGNAL 23 CHEVRON 24 EXXON 25 UNISYS 2 6 3M 27 ALCOA 28 TEXACO 29 ANHEUSER 3USCH 30 DUPONT 31 PHILLIPS PETROLEUM 32 PROCTER & GAMBLE 33 SARA LEE 34 SUN 35 DOW 36 SHELL 37 UNOCAL 38 DIGITAL EQUIPMENT 39 XEROX 40 MOTOROLA 41 MCDONNELL DOUGLAS 42 JOHNSON & JOHNSON 43 PHILIP MORRIS 44 I3M 45 HEWLETT PACKARD 46 EASTMAN KODAK 47 TENNECO 48 BRISTOL MYERS 49 OCCIDENTAL PETROLEUM 50 PEPSICO CITATIONS 1498 1212 942 885 818 810 745 73 3 544 390 338 337 3C3 289 236 233 212 201 196 176 171 156 155 150 149 147 134 107 88 87 79 65 64 56 49 48 44 44 38 35 33 30 24 15 14 12 10 9 0 0 CITATIONS PER 10,000 EMPLOYEES 42.1 277.3 70.1 201.1 91.8 197.6 9.6 54.6 13.2 55.5 30.3 26.3 25.2 70.5 22.2 20.6 28.2 40.2 10.8 10.3 60.0 13.4 28.8 10.7 11.7 17.3 29.3 17.7 30.9 5.9 28.4 10.4 . 7.0 16.0 8.9 13.6 24.0 6.2 3.4 4.3 3.8 4 .1 2.9 0.4 2.1 0.9 1.0 2.5 - - PERCENTAGE OF CITATIONS WITH PENALTY 25.5 34.2 30.7 40.1 33 .1 31.0 35.2 23.6 44.5 30.0 29.0 46.6 27.9 29.8 22.9 53.6 28.3 20.9 23.5 44.3 36.3 37.8 17.4 22.7 22.1 21.1 29.1 34.6 28.4 21.8 31.6 27.7 34.4 35.7 42.9 47.9 29.5 29.5 10.5 28.6 18.2 23.3 12.5 6.7 0.0 16.7 20.0 22.2 - TOTAL 13116 31.6 13 r ---. c. -- 'Zl' -17.- . 37 -~?y_ _ -- - * --:; . --- --. :< ;7 --. " 77 ^_z '=. l- - --- _ TABLE 5. NUMBER OF FEDERAL STATE OSHA PENALTIES (1982 THROUGH 1990) f ~ 3 3 r 3 17 ~ r N i ^vr^SEK 2 GENERAL ELECTRIC 3 INTERNATIONAL PAPER 4 WESTINGHCUSE 5 GENERAL DYNAMICS 6 GENERAL MOTORS 7 GEORGIA PACIFIC 8 FORD MOTOR 9 GOCOYEAR 19 CHRYSLER 1 1 USX 12 CATERPILLAR 13 ROCKWELL 14 NA3ISC0 15 ARCO 1 5 MOBIL ^ 7 CONAGRA 13 LOCKHEED 19 ALLIED SIGNAL 20 BOEING 21 UNITED TECHNOLOGIES 22 AMOCO 23 ALCOA 24 TEXACO 25 EXXON 2 5 UNISYS 27 3M 23 CHEVRON 2 9 PHILLIPS PETROLEUM 3 0 ANKZUSER 3USCH * " SHELL 32 SARA LEE 33 DOW 34 SUN 35 DUPONT 36 PROCTER 4 GAMBLE 5 7 UNOCAL 33 DIGITAL EQUIPMENT 39 MOTOROLA 40 JOHNSON & JOHNSON ^ 1 MCCONNELL DOUGLAS 42 XEROX 43 PHILIP MORRIS 44 TENNECO 45 EASTMAN KODAK 4 5 BRISTOL MYERS 47 IBM 43 HEWLETT PACKARD 4 9 OCCIDENTAL PETROLEUM - A PEPSICO TOTAL PENALTIES 415 382 355 289 271 262 251 242 173 157 125 117 98 86 86 78 62 60 59 54 46 42 39 37 34 33 31 27 25 25 23 22 21 20 19 18 13 13 10 7 6 4 3 2 2 2 1 0 0 0 PENALTIES PER 10,000 EMPLOYEES SERIOUS WILLFUL REPEAT CTHZ: 95.0 10.7 30.7 21.5 30.4 3.4 61.2 5.9 12.9 12.2 11.0 16.6 3 .8 7.0 21.0 4.6 21.8 8.0 5.1 5.1 2.5 8.4 8.5 6 .1 2.4 2.6 3.6 5.0 9.0 3.8 6.5 2.4 3.3 5.7 1.3 2.9 7.1 1.8 1.2 .9 .7 .4 .4 .2 .2 .6 .0 0.0 - - 297 342 312 258 157 219 206 205 163 119 92 87 94 80 75 60 56 55 46 43 37 41 32 35 28 32 25 23 23 24 21 22 13 18 15 17 13 13 9 6 5 3 3 2 2 2 1 0 0 0 0 66 10 17 9 27 2 17 7 36 19 21 7 13 16 7 08 19 15 15 16 4 21 03 06 05 02 03 03 03 22 05 00 04 00 20 01 04 11 20 10 20 00 08 20 30 00 00 00 00 00 0i 00 00 00 00 00 00 00 00 00 52 13 7 12 7* 3 25 14 2 4 2 5 i_ 0 6 16 3 2 10 74 1 3 2 4 f\ 2 2 0 0 0 n V 0 0 1 1 0 0 1 0 1 0 0 0 0 Q 0 0 TOTAL 4147 3431 123 315 278 rs. 30 rs, 14 r TABLE 6. FEDERAL 6 STATS OSHA PENALTIES (1982 THROUGH 1990) c- ----- 1 .--. _". ' ,__n --` -- -:$> - Z i_i ^z: >J5 . ----. '-^* - -- ". ^ * --~ --> _ ,, --. ii C' - GENERAL MOTORS 2 r:?-0 MOTOR 3 '-3v<:' T-q 4 GENERAL DYNAMICS 5 USX S C--N-RAL ELECTRIC 7 INTERNATIONAL PARER 8 SHELL 9 WESTINGHOUSE 10 GEORGIA PACIFIC 11_ WEYERHAEUSER 12 GOODYEAR 13 CATERPILLAR *i 1A ARCO 15 NABISCO 16 ROCKWELL 17 BOEING 13 TEXACO 19 M03IL 20 ALLIED SIGNAL 21 DL'PCNT 22 ANHEUSER BOSCH 23 LOCKHEED 24 EXXON 25 ALCOA 26 CONAGRA 27 AMOCO ' 28 PHILLIPS PETROLEOM 29 SUN 30 CHEVRON J 1 UNITED TECHNOLOGIES 32 3M 33 PROCTER & GAMBLE 34 UNOCAL 35 UNISYS 36 DIGITAL EQUIPMENT 37 SARA LEE 23 DOW 39 MOTOROLA 40 JOHNSON & JOHNSON 41 PHILIP MORRIS 42 MCDONNELL DOUGLAS 43 XEROX 44 EASTMAN KODAK 45 TENNECO 4 5 IBM 47 BRISTOL MYERS 43 HEWLETT PACKARD 49 OCCIDENTAL PETROLEUM 20 PEPSICO TAL FINAL PENALTY $609, 004 428,784 388,657 229,840 155,540 151,003 138,887 114,365 104,727 103,221 98,329 55,615 52,762 28,820 27,070 26,390 24,490 23,773 21,377 20,990 19,120 18,960 18,150 17,230 16,471 15,247 14,690 13,780 11,420 10,990 10,355 8, 752 7, 070 6, 710 5, 997 5, 990 4, 915 4,290 4,270 2,220 1, 700 1,295 1, 180 670 560 437 420 0 0 0 $3,026,533 INITIAL PENALTY $796,480 716,657 1,073,842 375,945 290,080 253,344 182,795 256,790 197,078 132,986 119,878 71,315 372,665 53,615 37,015 44,880 31,505 32,651 57,135 25,150 77,580 21,700 23,580 39,630 28,620 28,005 22,930 34,230 25,320 16,950 20,880 12,092 9, 470 8,780 9, 372 5, 990 6,530 5,060 8,240 3, 710 2,280 2, 890 1, 180 540 160 24,640 840 0 0 0 $5,563,005 PERCENTAGE INITIAL PENALTIES 76.5 59.8 36.2 61.1 53.6 59.6 76.0 44.5 53.1 77.6 82.0 78.0 14.2 53.8 73.1 53.8 77.7 72.8 37.4 83.5 24.6 87.4 77.0 43.5 57.6 54.4 64.1 40.3 45.1 64.8 49.6 72.4 74.7 76.4 64.0 100.0 75.3 84.8 51.8 59.8 74.6 44.8 100.0 124.1 350.0 1.8 50.0 0.0 - - 54.4 15 r 3C fS. - T ~ --. . -- TABLE 7. STATE OSHA CITATIONS 6 PENALTIES (1982 THROUGH 1990) e-i r - TATIONS PENALTIES S ERIOUS WIL LFUL REPEAT i_ OREGON 2 KENTUCKY 3 INDIANA 4 MINNESOTA 5 NORTH CAROLINA 6 VIRGINIA 7 SOUTH CAROLINA 3 HAWAxI 9 UTAH 10 VERMONT TENNESSEE 12 WYOMING 13 MARYLAND 14 IOWA 15 ALASKA To NEW MEXICO 17 NEVADA 13 ARIZONA 1298 392 346 245 239 215 211 148 148 147 133 116 105 100 23 15 11 5 490 30 128 53 39 46 65 5 1 10 31 8 31 30 8 4 1 1 326 76 117 36 34 44 58 5 1 8 30 7 24 28 5 4 1 1 0 83 03 0 10 00 02 02 06 00 00 01 01 00 03 02 01 00 00 00 r *UT5 31 1 1 17 3 0 1 0 0 0 1 4 0 2 0 0 0 W> 'AL 3897 1031 805 0 114 112 - "i ---~ -* --. <7 -- --. --- -- z=r^ _:.l. - TABLE 8. STATE OSHA. PENALTIES (1982 THROUGH 1990) st;\TE FINAL PENALTY INITIAL PENALTY 1 OREGON 2 INDIANA 3 KENTUCKY 4 SOUTH CAROLINA 5 VIRGIN!A 6 NORTH CAROLINA 7 IOWA 3 TENNESSEE 9 MARYLAND 10 MINNESOTA 11 WYOMING 12 ALASKA 13 VERMONT 14 NEW MEXICO 15 HAWAII 16 UTAH 17 NEVADA 18 ARIZONA $101,515 84,325 28,289 24,932 21,525 15,290 13,042 12,045 11,165 8, 751 2, 360 2,290 2, 010 1, 320 1, 130 360 210 100 $107,520 105,070 32,810 32,170 31,960 15,649 17,830 12,485 18,610 9,039 3, 420 2, 880 3,210 1, 320 1,130 360 210 150 TO'TAL $330,659 $395,823 16 MWB B -H U J m ? TABLE 9. NUMBER 07 FEDERAL 4 STATS OSSA CITATIONS 4 PENALTIES ISSUED AGAINST UNION 6 NON-UNION FACILITIES (1982 THROUGH 1990) union CITATIONS: 10,514 PENALTIES: 3,550 PERCENTAGE OF CITATIONS WITH PENALTY: 33.8 PERCENT NON-UNION CITATIONS: 2,602 <T5\ PENALTIES: 597 PERCENTAGE OF CITATIONS WITH PENALTY: 22.9 PERCENT TABLE 10. NUMBER OF FEDERAL OSEA CITATIONS 6 PENALTIES ISSUED AGAINST UNION 4 NON-UNION FACILITIES (1982 THROUGH 1990) UNION CITATIONS: 7,667 PENALTIES: 2,724 PERCENTAGE OF CITATIONS WITH PENALTY: 35.5 PERCENT NON-UNION CITATIONS: 1,552 PENALTIES: 392 PERCENTAGE OF CITATIONS WITH PENALTY: 25.2 PERCENT TABLE 11. NUMBER 07 FEDERAL OSHA CITATIONS 4 PENALTIES ISSUED AGAINST UNION 4 NON-UNION FACILITIES (1977 THROUGH 1990) UNION CITATIONS: 14,185 PENALTIES: 4,860 PERCENTAGE OF CITATIONS WITH PENALTY: 34.3 PERCENT NON-UNION CITATIONS: 3,133 PENALTIES: 745 PERCENTAGE OF CITATIONS WITH PENALTY: 23.8 PERCENT 17 HWUtM)H3?8:n T\ } TABLE 12. INITIAL k FINAL PENALTIES ISSUED BY FEDERAL & STATE OSHA AGAINST UNION k NON-UNION FACILITIES (1982 THROUGH 1990) union FINAL PENALTY: $2,829,112 INITIAL PENALTY: $5,266,507 PERCENTAGE CF INITIAL PENALTY PAID: 53.7 PERCENT NON-UNION FINAL PENALTY: $197,421 INITIAL PENALTY: $296,498 PERCENTAGE OF INITIAL PENALTY PAID: 66.6 PERCENT TABLE 13. INITIAL k FINAL PENALTIES ISSUED BY FEDERAL OSHA AGAINST UNION k NON-UNION FACILITIES (1982 THROUGH 1990) UNION FINAL PENALTY: $2,556,734 INITIAL PENALTY: $4,944,531 PERCENTAGE CF INITIAL PENALTY PAID: 51.7 NON-UNION FINAL PENALTY: $139,140 INITIAL PENALTY: $222,651 PERCENTAGE CF INITIAL PENALTY PAID: 62.5 TABLE 14. INITIAL k FINAL PENALTIES ISSUED BY FEDERAL OSHA AGAINST UNION k NON-UNION FACILITIES (1977 THROUGH 1990) UNION FINAL PENALTY: $3,512,964 INITIAL PENALTY: $6,681,265 PERCENTAGE OF INITIAL PENALTY PAID: 52.6 PERCENT NON-UNION FINAL PENALTY: $268,217 INITIAL PENALTY: $444,311 PERCENTAGE CF INITIAL PENALTY PAID: 60.4 PERCENT 18 < 'Z > _* - ;; -- - '"' ---. --o - ^ 's --1 Sg ~-- ^yy -- - -_ r <': **, -' --1 1 I_ -s ^ " --i . ----*_ ~7'^' -- ---- ' TABUE 15. NUMBER 07 FATALITIES 6 INJURIES RECORDED BY FEDERAL OSHA (1977 THROUGH 1990) r-'^pDriRaTTON FATALITIES PLUS INJURIES i PHILLIPS PETROLEUM 2 GOODYEAR 3 TEXACO 4 MOTOROLA 5 INTERNATIONAL PAPER 6 SHELL 7 CATERPILLAR 8 GEORGIA PACIFIC 9 GENERAL MOTORS 10 ALLIED SIGNAL 11 FORD 12 AMOCO 13 WEYERHAEUSER 14 SUN 15 GENERAL ELECTRIC 16 DUPONT 17 MOBIL 18 WESTINGHOUSE 19 GENERAL DYNAMICS 20 TENNECO 21 DOW 22 EXXON 23 ARCO 24 ALCOA 25 LOCKHEED 26 UNISYS 27 CHEVRON - 28 ROCKWELL 29 NABISCO 30 ANHEUSER BUSCH 31 USX 32 CHRYSLER 33 PROCTER & GAMBLE 34 JOHNSON 4 JOHNSON 35 UNOCAL 36 I3M 37 30EING 38 3M 39 MCDONNELL DOUGLAS 40 DIGITAL EQUIPMENT 41 CONAGRA 42 UNITED TECHNOLOGIES 43 SARA LEE 44 BRISTOL MYERS 45 EASTMAN KODAK 46 HEWLETT PACKARD 47 OCCIDENTAL PETROLEUM 48 PEPSICO 49 PHILIP MORRIS 50 XEROX 122 96 80 70 54 54 49 48 43 43 42 40 40 33 31 28 25 23 21 19 18 15 15 14 13 13 12 11 11 11 9 8 7 7 5 2 2 2 1 1 1 1 1 0 0 0 0 0 0 0 TOTAL 1141 FATALITIES INJURIES 16 106 18 78 31 49 1 69 29 25 18 36 4 45 24 24 19 24 10 33 19 . 23 20 20 11 29 10 23 24 7 10 18 16 9 19 4 10 11 4 15 10 8 96 96 68 85 2 11 11 1 83 65 38 90 80 52 34 14 20 20 02 10 10 10 01 01 00 00 00 00 00 00 00 418 723 19 Figure 1. Federal OSHA Citations & Penalties (Top 50 Corporations) 2500 Total Number Number o f Inspections 1977 1978 1979 1980 1981 1982 1983 1984 198S 1986 1987 1988 1989 1990 dotations ^Penalties Figure 2. Federal OSHA Penalty Ranges 400 i (Top 50 Corporations) ........ ' -- ............... . .. 1977 1978 1979 1980 1981 1982 1983 1984 1983 1986 1987 1988 1989 1990 ^No Penalty ^$1-$1,000 051,001 -$9,999 0510,000 or Greater 20 r Figure 3. State OSHA Citations & Penalties Total Number Number o f Inspections 1982 1983 1984 1985 1986 1987 1988 1989 1990 ^Citations ^Penalties Figure 4. State OSHA Penalty Ranges (Top 50 Corporations) 1982 1983 1984 1985 1986 1987 1988 1989 UNo Penalty ^St-$1,000 E3 $ 1,001 - $9,999 ES $10,000 or Greater 1990 HMBH-UH3?83/ Dollars Dollars ___ Figure 5. Federal OSHA Penalties (Top 50 Corporations) IS Initial Penalty ^ Final Penalty Figure 6. State OSHA Penalties (Top 50 Corporations) 1982 1983 1984 1985 1986 1987 1988 1989 1990 i Initial Penalty EH Final Penalty 22 r