"The Press release is posted on the OSHA site.The press release came out the same day the citations were issued! We can't issue a press release before the citations, can we?
Who ever is running the site is keeping up with the times."
"Why is it so hard to put these General Duty Clause violations up?"This case is still open, the company hasn't even had their 15 working days to respond yet, so of course the citation language isn't available yet. Any one who works for OSHA should know that we do not release that kind case file information until the case is closed. It has to do with that pesky Constitution and an employers rights.
"No industry consensus standard used."These are the kind of statements that make me question whether or not Kane has ever actually worked for OSHA. Every CSHO should know, as the National Office has memoed us numerous times, WE CAN NOT CITE FOR FAILURE TO FOLLOW A CONSENSUS STANDARD! We can't do it, it's not allowed, it's forbidden, it's anathema, and it's going send your AD into a tizzy.
Beyond that, I can't even find a consensus standard for crowd management.
"No prior OSHA or NIOSH guidance on the issue."Why would we have ever written guidance on this? How many times has it happened? The other instances Kane mentioned were The Who concert in 1979 and the AC/DC concert in 1991, yet in both instances the people who died were concert goers, not employees. Certainly the fact that they were concert goers doesn't help the families with their grief, but it does preempt us from having jurisdiction. So I ask again, with our limited resources, why would we have ever even have thought to work on guidelines?
"This will be a tough one to affirm.This I agree with, go Long Island.
WE salute NY for trying this.
Too many people would have washed their hands clean of this.
No one would blame them."
I just wish that the OSHA Underground would, at least once in awhile, stop just throwing negative comment after negative comment out there and take a realistic look at our budget and staffing levels and help to find better ways of doing things. If we went by what they've posted, we would working on so many standards and so many guidelines, receiving so much training, and conducting so many inspections targeted towards so many hazards, that we would need 300,000 CSHOs doing no more that three inspections per year, but spending 14 weeks doing each of them.
Let's get real, let's role up our sleeves and try to figure out what works, what could work better, and what doesn't work. That is how we're going to make things better.