Industry says it'll support stiffer OSHA penalties
LARAMIE -- Oil and gas leaders faced criticism this week for helping to kill legislation that would have made the courts more available to workers who get hurt on the job.
Critics alleged that state lawmakers agreed to kill the legislation in exchange for industry's promise to support stiffer fines and increased inspection by the Wyoming Occupational Safety and Health Administration.
"They're saying, 'Just up the OSHA penalties and we'll live with that.' They're saying, 'Just let us write the rules and let us write the consequences.' I think that's wrong," lobbyist Laurie Goodman said in her testimony before the Judiciary Committee.
The "duty owed to employees of independent contractors" bill failed to gain support in the Joint Judiciary Interim Committee on Monday. Several "no" voters said they prefer stiffer OSHA fines, as well as the efforts of a task force that was formed this year to address Wyoming's worst-in-the-nation workplace fatality rate.
"I see a disconnect between litigation and safety," said Sen. Saundra Meyer, D-Evanston.
Industry leaders also said the "duty owed" legislation would actually increase the exposure to liability, which could be a disincentive for companies to enforce their own safety programs.
Patrick Murphy is an attorney with the Casper firm Williams, Porter, Day & Neville. Among the firm's clients are Mobil Exploration and Production, True Industries, Marathon Oil and Conoco Phillips Co.
Murphy testified to the committee that he would advise his clients to not impose safety programs on their work sites if the bill were to pass.
"I tell all my property owner clients, less is better," Murphy said.
Others who supported the bill questioned the sincerity of the oil and gas industry's promise to support stiffer fines.
Sen. Kathryn Sessions, D-Cheyenne, asked industry representatives if they're going to go back on their word and actually lobby against any bills that increase enforcement when they come up.
"Are we going to stand together on this thing?" Sessions asked.
"I'd be happy to stand with you and the rest of the legislative body on increasing fines. … We need to do something. This bill is not it," said Paul Ulrich of EnCana Oil and Gas.
Currently, Wyoming OSHA has only six inspectors to cover workplaces in the state. Rep. Mary Throne, D-Cheyenne, noted that a company found negligent in an accident that kills a worker usually pays an OSHA penalty far less than a fine for killing a moose out of season.
"When you can shoot a moose out of season and pay a higher penalty than for killing a worker, then we're not going to have safe workplace," Throne said.
Contact energy reporter Dustin Bleizeffer at 307-577-6069 or dustin.bleizeffer@trib.com. Go to http://tribtown.trib.com/DustinBleizeffer/blog to read his energy blog.
Posted in State-and-regional, Energy on Saturday, November 21, 2009 12:00 am Updated: 8:37 am. | Tags: Wyoming, News, State, Regional, Encana, Dustin Bleizeffer, Energy, Safety, Occupational Safety And Health Administration
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