# New EPA fine for employee?



## contractorsafet (Jun 5, 2008)

I've heard through the grapevine that the EPA will begin fining *employees* as well as employers for violations. i think this is coming in 2009, does anyone have some information on this, or know where i should be looking?

thanks,
contractorsafety


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## Double-A (Jul 3, 2006)

I would start with, finding out if this is the feds or your state and then contact them directly. The folks in the enforcement (investigation, compliance, safety) section should know.


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## Ed the Roofer (Dec 12, 2006)

Why does your trade name indicate Electrical, when your company provides safety training courses for sale?

I think you are asking a loaded question, just to drum up some response for your business blog or website courses.

If that is the case, please at least be honest about who you are and what you are representing.

I think safety issues are a very relevant construction topic, so attempt to not to turn your posts into a business solicitation, okay.

Ed


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## mrsafetyman (Feb 22, 2008)

*yes they all are*



contractorsafet said:


> I've heard through the grapevine that the EPA will begin fining *employees* as well as employers for violations. i think this is coming in 2009, does anyone have some information on this, or know where i should be looking?
> 
> thanks,
> Yes this will be true especially with OSHA. There are certain aspects of the law that hold employees or individuals accountable for their actions. If the employer can demonstrate they are complying with the regulations for hazard recognition, training, etc, then OSHA under 5b OSHA will cite the employee also. I believe if this happens it will be an additional asset to the employer who wants and promotes a safe and healthful work environment. My business is OSHS 716-826-1747 or 225-2735 cell I provided health and safety services and can set you up a program that can provided your company with what it needs to meet those requirements. it can be managed from within through supervisors, employees and management as it should be. With regards to the DEC in NY state, anyone can be held accountable for committing an act against environmental laws. [email protected] or [email protected]


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## mrsafetyman (Feb 22, 2008)

*OSHA and EPA employee citations*

If I may add to help from my previous posting, i will identify four areas of defense or as in criminal and civil law we call Elements of Defense against liability:
To prove unpreventable employee misconduct, you must show that your company:
1. Has established work rules to prevent safety violations.
2 Adequately informed employees of the rules and hazards.
3. Diligently tried to discover violations/hazards and informed employees
4. Effectively enforced the rules upon discovering a violation.

there are two recent court cases and just a month a ago a third that set precedence in this matter. 

Richard A Rydza-OSHS
BS Safety Technology-RIT
NY State Certified Building and Fire Inspector
Authorized OSHA Outreach Trainer
716-826-1747 or 716-225-2735 cell 24/7

Hope this helps!


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