A review of 2001 enforcement data supplied by the Occupational Safety and Health Administration (OSHA) reveals that there have been fewer “significant” enforcement cases under the Bush Administration, as opposed to the Clinton Administration. OSHA Administrator John Henshaw believes that there are two main causes for the figures – a reallocation of Agency resources since the September 11th terrorist attacks, and the Bush Administration’s desire to focus more on consultation and advice rather than enforcement. However, union leaders have criticized the Agency for turning its back on enforcement, arguing that the change has had an adverse effect on worker safety.

OSHA data indicates that there were 170 “significant” enforcement cases undertaken in 2000, but only 141 in fiscal year 2001, which ended on September 30th. (“Significant” cases are defined as those where employers face fines of $100,000 or more.) Only 24 new cases were filed between October 1, 2001, and February 21, 2002, suggesting that enforcement efforts appear to be off dramatically under the new Administration. However, Henshaw maintains that the Agency’s enforcement program is on track. Richard Fairfax, Director of OSHA’s Office of Compliance Programs, told a recent meeting of the American Bar Association’s occupational safety and health law committee, that the Agency plans to conduct over 36,400 inspections in FY 2002, more than were conducted in any recent year.

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