Political Hypocrisy
October 2, 2010 2 Comments
Why is it that every time I hear a campaigning politician open his or her mouth they talk about “The most important thing we can do for this crippled economy is to create more jobs.” While often prioritizing the construction industry.
Yet every time I turn around they’re coming up with new regulations, certifications, and penalties which make it more difficult for us in the construction industry to survive.
In my City of Sacramento Ca., multiple government entities have teamed up and began visiting jobsites randomly pulled from permit applications and proceeding to hand out fines beyond the means of any small remodelers in my area. These entities include Cal Osha, Ca. State Contractors license board, EDD, and the labor board. All showing up in unison at sites with badges glaring.
They proceed to question workers and cross examine their employers. Following up, if deemed necessary, by an office visit to check records against the jobsite depositions.
A good friend of mine, who does primarily insurance repairs, was recently visited at his site and was fined $18,000 for violations like no wash station next to bathroom, ($850), a ladder not strapped to the building, not having a first aid kit on site, lacking the proper safety postings and safety meeting documentation, heat prevention documentation, and more. Note that having the time to provide and maintain all of this is practically a full time job for 1 person, (slight exaggeration). And the way we’re bidding these days to get work there is no room for this extra burden and if there were it would just be passed on to the consumer.
Although many would argue that these are all very valid and important issues, my problem is that these fines are not only excessive but more or less “one size fits all”. The same fines would be imposed on larger companies, who are more able to handle the load, as the smaller 1 and 2 man crews who will surely risk closing up shop as my friend very well may.
Even a small company like my own being closed down would mean less work for my hourly guys, my subs, and their employees.
Come on people. This type of activity always seems to increase when we have budget shortfalls and a desperate need for our politicians to find ways to create revenue so they can boast about how they saved the budget while throwing a blind eye to the cost.
I know I’m a smaller company than the guy you described that got the $18,000 fine. I have a first aid kit, cones for safety, mats for running over cords to prevent trip hazards, etc…I have worked with large and small GC’s with various size crews and the smart ones find it easy to comply…postings are handled by posting all the signs, rules, safety regs and more on one sheet of plywood and posting it in the garage or other high profile location. First-aid kits can be bought at Sams Club. As a solo operator, I carry enough (first-aid) supplies for a crew of 10. It sounds like the guy who got fined $18,000 was cutting corners to put more money in his pocket rather than following the rules that he knows are set out for a reason.
While I agree that we are being squeezed hard by the state, there are reasons for (most of) these rules…Many contractors are ignorant of safety issues, employee rights and general common sense. I can’t count the times that I have put up safety railing at stairs because I don’t want to be the one who falls, even though it is the GC’s responsibility (let alone the clients, who have no idea about how dangerous a jobsite can be).
I agree that the fines should be based on the size of the contract. But they should be steep because most contractors cut corners on safety issues to come in low, while those of us that are concerned about safety have to make sure there is money in the bid for it.
Most of the time I agree with your ideas, but this is one that I have to side with the state…they are actually doing what we pay them to do. For too long, contractors have been keenly aware of the likelyhood that the jobsite was safe from inspection . Now they’re being called on it.
Bottom line, if it becomes a part of doing business (method of operation) it should be second nature to follow the rules.
Thanks for your comment Chad. Very much appreciated.
As I mentioned I think there are valid arguments for these actions and I agree with most of what you say. However my point is that fines should be assessed more realistically and, unless very serious violations are being cited, the government should not impose unreasonable fines that threaten the closure of small businesses. $850 for not having a wash station near john is excessive to say the least. A handful of these add up.
I might also point out that these rules change quite often, as far as what is required on the job site, and it’s very difficult to keep up. I have recently requested an on site consultation from Osha for this reason. For any Ca. residents reading this post, this is available as a free service and they are not allowed to hand out citations on these visits or share any information with Osha. However if they do find violations you are given a certain amount of time to clear them up. That is the only drawback.
The other main point I was trying to make is that I don’t believe it’s any coincidence that these campaigns always always seem to transpire when the Govt. needs to find new ways to get into our pockets. How about cut state and Federal spending by cleaning up the bureaucracies that devour our tax dollars, make the politicians take pay cuts like all the rest of us and try, at all costs, to avoid compounding our 13.1% (Sacramento), unemployment rate.