 SAFETY DANCE: Why was this North Portland plant off-limits to inspectors? |
For all its concern about city workers’ welfare—like $103,000 in this year’s budget to promote employee health—you’d think the City of Portland would cooperate with the state agency that enforces job-safety rules.
Uh, not always. WW has learned that two city managers forced the Oregon Occupational Safety & Health Division to get a warrant earlier this year to inspect a wastewater treatment plant in North Portland. For that bit of obstructionism against fellow public employees, we’re naming Paul Schuberg and Mike Reiner this week’s Rogues.
Two worker injuries at the plant triggered an inspection by OR-OSHA. One of the wounded workers was a millwright who suffered internal injuries and was hospitalized overnight when a valve exploded; the other a worker who suffered a back injury after slipping while hauling debris.
OR-OSHA compliance officer Ken Langley arrived Feb. 26 to inspect the city plant. But Schuberg, a risk specialist at the city’s Bureau of Environmental Services, told Langley the plant at 5001 N Columbia Blvd. was exempt because the city had participated in OR-OSHA’s Safety & Health Achievement Recognition Program.
Langley, however, learned from OR-OSHA’s Portland office the plant was no longer exempt. Schuberg then brought in Reiner, a safety and risk officer at the Bureau of Environmental Services who told Langley he’d need a warrant. Schuberg meanwhile launched into a “diatribe,” according to Langley’s report.
OR-OSHA spokeswoman Melanie Mesaros says it’s the first time the city has forced OR-OSHA to get a warrant. The only other cities listed in OR-OSHA records as having done so are Albany, Chiloquin and Cottage Grove.
Multnomah County Circuit Court Judge Edward Jones granted the warrant Feb. 27, and Langley returned Feb. 28. He found two violations: A 100-volt junction box was missing a required cover plate, resulting in no penalty. And a heavy-duty pedestal grinder was missing tongue covers over its grinding wheels—a “serious” violation that brought a $105 penalty.
Schuberg declined to comment. Reiner says the point was to make OR-OSHA question how to best use its time, after the city became the state’s first public agency to graduate from OR-OSHA’s five-year safety and health program.
“It was not to stonewall,” he says. “We thought, you know what, maybe this isn’t a good use of your resources or ours.”
We think public agencies should get along instead of wasting resources in a pissing match—especially when the issue is workplace safety.
.nar.jpg)
A friend of mine owns a small pub/eatery that was recently graced with a surprise OSHA inspection. He was fined almost $3,000 (which started much higher but OSHA "cut him a break")because an exit sign light bulb was burned out (in an employee only area) and he didn't have eye protection available for use with the Windex.
Wouldn't it seem more reasonable to tell the owner, "You need to replace this lightbulb and buy a $3 pair of googles"? Problem solved!
OSHA is insane, drunk on their own power and devoid of reason. I'd sure tell them to come back with a warrent if they tried to inspect my business.
What are the details of this diatribe? Is this a sworn statement, or just an internal report written by one side to which the other has not responded?
This is a classic example of yellow journalism. If WW was based in a city like Manhattan, it would be grilled on the rocks on a weekly basis for continually reporting unsubstantiated garbage like this.
A friend of mine owns a small pub/eatery that was recently graced with a surprise OSHA inspection. He was fined almost $3,000 (which started much higher but OSHA "cut him a break")because an exit sign light bulb was burned out (in an employee only area) and he didn't have eye protection available for use with the Windex.
Wouldn't it seem more reasonable to tell the owner, "You need to replace this lightbulb and buy a $3 pair of googles"? Problem solved!
OSHA is insane, drunk on their own power and devoid of reason. I'd sure tell them to come back with a warrent if they tried to inspect my business.
Ed,
So how many times was your friend fined for what you make sound like a first offense? So since you made the statement how about you back that up with some paperwork? OR OSHA has the lowest fines in the US. But make them keep coming back to see if you have fixed the violation and the fines get quite steep quite fast. So just how may times did they visit your friend for this minor violation. As always just the real facts please.
As for the truth I work for ODOT and tell me why would I not let anyone inspect a publicly owned and open to the general public facility especially OR OSHA? Makes someone look like they are hiding something? I think so, how about you? And this warrant thing is a one time evasion, you can bet that the next time OR OSHA asks to inspect the premises they will have that warrant in hand. So now really who looks like they have something to hide?
Michael Wood, CSP
Administrator, Oregon OSHA
p.s. feel free to repeat the "power-hungry bureaucrat" insult if it makes you feel better, but I'd still like enough information to check the case out.