On Mon, 24 Aug 2009  "Phillips,Jon D"  <mailto:[log in to unmask]>
<a href="/cgi-bin/wa?LOGON=A3%3Dind0908D%26L%3DSAFETY%26E%3D7bit%26P%3D87358%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Dus-ascii" target="_parent" >[log in to unmask]</a> said to the Safety list:

>But no one seems to have the guts to cite 5b. Anyone surprised by that.

It is not a matter of "guts."

Section 5b is a Mom and apple pie statement and nothing more.  The Act does
not confer on OSHA any authority to cite or to fine any employee. It
explicitly confers the authority to cite and fine employers.

That is actually the way industry wanted it when the Act was passed,
although they would have preferred it if OSHA also lacked the authority to
fine employers as well.  The inability of OSHA to cite or fine an individual
employee prevents "the government" from usurping management's "command
authority" in the workplace.

Peter Zavon, CIH
Penfield, NY

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