Answers Demanded from DOL About State Agencies Tipping Off Employers About Surprise Inspections
Two House Democrats have written to Department of Labor (DOL) Acting Labor Secretary Julie Su demanding answers about credible allegations that California and South Carolina Occupational Safety and Health Administration (OSHA) agencies have been tipping off employers about workplace safety inspections.
Reps. Bobby Scott (D-VA), ranking member of the House Committee on Education and the Workforce, and Alma Adams (D-NC), ranking member of the Workforce Protection Subcommittee, wrote the letter in response to recent news reports that suggest inspectors are notifying employers about upcoming inspections. One such report came from a legislative hearing in California where farm workers and their advocates alleged that Cal/OSHA had been providing advance notice of its “surprise” inspections to employers.
When reports are received by state agencies about potential violations of the OSH Act that are putting employees at risk of harm, surprise inspections are conducted to assess compliance with safety and health regulations. If employers are provided with advance warning that they will be inspected, it gives them the opportunity to correct or clean up their work sites. At the legislative hearing, Cal/OSHA acting chief, Debra Lee, told the committee that she was very concerned to hear that inspectors may be informing employers about upcoming inspections, which would violate state labor law.
Another example came to light in a series of reports in the New York Times (NYT) about the resurgence of child labor. The NYT reporters interviewed an employer in North Carolina who reportedly admitted to hiring underage migrant workers, and told the reporters that safety equipment such as helmets and harnesses are not worn because they are too cumbersome. In the event of an OSHA inspection, the reporters were told that employees would run to the equipment trailer to get the safety gear and that inspectors would sometimes provide advance warnings about inspections.
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“This account is particularly alarming,” wrote Reps. Scott & Adams “State plan agencies receive millions of dollars in federal matching funds, for a total of $120 million in Fiscal Year 2024. If the employer in this news account is to be believed, this story raises questions not only about South Carolina’s compliance with the OSH Act’s requirements for state plan enforcement but also about the possibility of federal funds being used to help employers evade detection for child labor trafficking and oppressive child labor violations.”
The House Democrats have asked Su how the DOL responds to credible allegations of OSHA officials providing advance notice to employers, how state plan agencies should respond to credible allegations about advance notice being provided by inspectors, and if officials of a state plan are routinely giving advance notice to employers about inspections without consequence, how OSHA would determine that the state plan agency is compliant with the OSH Act.
They also want to hear about any challenges the DOL has with monitoring and enforcing OSH Act compliance by state plan agencies and whether it is an appropriate use of federal funds for a state plan agency to enable an employer to evade detection for child labor trafficking or oppressive child labor violations. If not, they want to know whether the DOL has sufficient tools to address the issue. Reps. Scott & Adams have requested a response from Su by September 20, 2024.
