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PEARL HARBOR (HawaiiNewsNow) - A federal investigation found workplace safety violations led to the deaths of two workers at Pearl Harbor last December, and proposed fining two companies tens of thousands of dollars.

Two Navy subcontractors died and two others were hurt when the buoy they were working on at Pearl Harbor's Middle Loch fell toward them last December 10.

Joefrey Andrada, 42, of Waipahu was killed along with 30-year-old Justin Saragosa of Kapolei when they jumped or fell out of the way of the 7-ton buoy as it crashed onto their work platform.

A federal workplace safety investigation found violations of a common-sense requirement not to work directly underneath a heavy load.

"That's against OSHA regulations and that's against industry standards and practices. The bottom line is that you should not work under a load and you should not work above impalement hazards,” said Jeff Romeo, who directs the regional office of the Occupational Safety and Health Administration. Romeo said the wire holding up the 7-ton buoy was insufficient.

"The wire rope was not rated strong enough, the way it was rigged, to lift that type of weight. Also, the way it was rigged, it allowed for a slack, which allowed for a shock load on the wire rope which essentially caused the wire rope to break," Romeo added.

Healy Tibbitts Builders, the subcontractor whose employees were doing the buoy work, was cited for five serious OHSA violations, with proposed fines of $30,600.

Maryland-based Truston Technologies, the main contractor, was hit with three serious violations, and OSHA proposed fining the company $15,400.

OSHA found three serious violations against the U.S. Navy, which owns the ships, but the Navy won't be fined because federal agencies don't fine each other.

"They failed to put all the safety procedures in place. They failed to protect these employees that were performing a dangerous job," Romeo said. "The shipyard industry is a dangerous occupation and the employers did have some safety practices in place, yet they failed to recognize or identify and control some of the hazards that were associated with this job."

The three entities have 15 working days to pay the penalty and correct the hazards or challenge the findings and fines, Romeo said. He said all three entities have scheduled informal conferences to try to reach settlements.

The top part of the buoy was connected to the bottom part of the buoy with 16 bolts that the companies knew were corroded because the buoy had been in the ocean for years, Romeo added.

Related story:

Victims in fatal Pearl Harbor accident identified

Copyright 2015 Hawaii News Now. All rights reserved.

Employer Assistance

I have a question about how OSHA rules apply to a specific situation at my business. How can I get answers?

If you have questions about OSHA regulations relating to your specific situation, call your local OSHA office directly or submit a question by email. You can also view OSHA's letters of interpretation, which are formal explanations of OSHA's requirements and how they apply to particular circumstances.

What OSHA requirements should I follow when starting a business?

Under the provisions of the Occupational Safety and Health Act of 1970 (OSH Act), employers must provide a workplace free from recognized hazards that are causing, or are likely to cause, death or serious physical harm to employees regardless of the size of business. Employers must comply with OSHA standards under the OSH Act.

Does OSHA offer free help for my business to comply with regulations?

OSHA's On-site Consultation Program offers free and confidential safety and occupational health advice to small and medium-sized businesses in all states across the U.S., with priority given to high-hazard worksites. The Consultation Program is completely separate from the OSHA inspection effort, and employers can find out about potential hazards at their workplace, improve programs that are already in place, and even qualify for a one-year exemption from routine OSHA inspections. No citations or penalties are issued and the employer's only obligation is to correct serious job safety and health hazards.

In addition, OSHA's Compliance Assistance Specialists provide advice, education, and assistance to businesses (particularly small employers), trade associations, local labor affiliates, and other stakeholders who request help with occupational safety and health issues. We work with professional organizations, unions, and community groups concerning issues of safety and health in the workplace.

Are employers required to  provide safety training to  employees?

Many OSHA standards require that employers train employees to ensure they have the required skills and knowledge to safely do their work. See Training Requirements in OSHA Standards and Resource for Development and Delivery of Training to Workers for more information.

Am I required to prepare and maintain recordkeeping records?

Employers with more than ten employees and whose establishments are not classified as a partially exempt industry must record work-related injuries and illnesses using OSHA Forms 300, 300A and 301.

Partially exempt industries include establishments in specific low hazard retail, service, finance, insurance or real estate industries and are listed in Appendix A to Subpart B.

Employers who are required to keep Form 300, the Injury and Illness log, must post Form 300A, the summary of Work-related Injuries and Illnesses in their workplace every year from February 1 to April 30. Current and former employees, or their representatives, have the right to access injury and illness records. Employers must give the requester a copy of the relevant record(s) by the end of the next business day.

For more information, visit OSHA Injury and Illness Recordkeeping and Reporting Requirements.

What is recordable under OSHA's Recordkeeping Regulation?

For answers on what is recordable under OSHA regulations, see the Detailed Guidance for OSHA's Injury and Illness Recordkeeping Rule. Also keep in mind the following:

• Covered employers must record all work-related fatalities;

• Covered employers must record all work-related injuries and illnesses that result in days away from work, restricted work or transfer to another job, loss of consciousness or medical treatment beyond first aid;

• Employers must record significant work-related injuries or illnesses diagnoses by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness;

• OSHA's definition of work-related injuries, illnesses and fatalities are those in which an event or exposure in the work environment either caused or contributed to the condition. In addition, if an event or exposure in the work environment significantly aggravated a pre-existing injury or illness, this is also considered work-related.

  • Injuries include cases such as, but not limited to, a cut, fracture, sprain, or amputation;

  • Illnesses include both acute and chronic illnesses, such as, but not limited to, a skin disease (i.e. contact dermatitis), respiratory disorder (i.e. occupational asthma, pneumoconiosis), or poisoning (i.e. lead poisoning, solvent intoxication).

For more information, visit OSHA Injury and Illness Recordkeeping and Reporting Requirements.

January 7, 2025

MEMORANDUM FOR:

REGIONAL ADMINISTRATORS

THROUGH:

Scott C. Ketcham
Acting Deputy Assistant Secretary

FROM:

Erin Gilmore, Acting Director
Directorate of Enforcement Programs

SUBJECT:

2025 Annual Adjustments to OSHA Civil Penalties

1. Purpose.

   The penalty information included in this memorandum supplements the penalties and debt collection information found in Chapter 6 of the Field Operations Manual (FOM). Tables included in this memorandum reflect penalty amounts for calendar year 2025 and correspond to adjusted penalty amounts found in OSHA Information Systems (OIS). OSHA updates this information annually to ensure access to current penalty information.

2. Background.

   On November 2, 2015, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 was enacted, which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 as previously amended by the 1996 Debt Collection Improvement Act (collectively, the “Prior Inflation Adjustment Act”), to improve the effectiveness of civil monetary penalties and maintain their deterrent effect. The Inflation Adjustment Act required agencies to: (1) adjust the level of civil monetary penalties with an initial “catch-up” adjustment through an interim final rule and (2) make subsequent annual adjustments for inflation, no later than January 15 of each year.

   The cost-of-living adjustment multiplier for 2025, based on the Consumer Price Index for All Urban Consumers for October 2024 (not seasonally adjusted), is 1.02598. To compute the 2025 annual adjustment, the Department multiplied the most recent penalty amount for each applicable penalty by the multiplier, 1.02598, and rounded to the nearest dollar. The adjustment factor of 1.02598 is consistent across the minimum and maximum penalties set forth in the Occupational Safety and Health Act and the FOM.

3. Minimum and Maximum Penalty Amounts.
   
   Table 1 summarizes the minimum and maximum amounts for proposed civil penalties:

   Table 1: Maximum and Minimum Amounts for Civil PenaltiesType of ViolationPenalty MinimumPenalty MaximumSerious$1,221** per violation$16,550 per violationOther-Than-Serious$0 per violation$16,550 per violationWillful or Repeated$11,823* per violation$165,514 per violationPosting Requirements$0 per violation$16,550 per violationFailure to AbateN/A$16,550 per day unabated beyond the abatement date [generally limited to 30 days maximum]

   For a repeated other-than-serious violation that otherwise would have no initial penalty, a GBP penalty of $472 shall be proposed for the first repeated violation, $1,182 for the second repeated violation, and $2,364 for a third repetition.
   *This amount reflects the actual minimum penalty with all penalty reductions which rectifies error in the previous years’ serious minimum penalty posted.

4. Gravity Based Penalty Amounts.
   
   The gravity of a violation is defined by the Gravity Based Penalty (GBP).

   • A high gravity violation is one with a GBP of $16,550.

   • A moderate gravity violation is one with the GBP ranging from $9,457 to $14,187.

   • A low gravity violation is one with a GBP of $7,093.

   
   For serious violations, the GBP shall be assigned on the basis of the following scale in Table 2:
     Severity + Probability = GBP

   Table 2: Serious ViolationsSeverityProbabilityGBPGravityOIS/GRAVITY CodeHighGreater$16,550High10MediumGreater$14,187Moderate5LowGreater$11,823Moderate5HighLesser$11,823Moderate5MediumLesser$9,457Moderate5LowLesser$7,093Low1

   
   For other-than-serious violations, only minimal severity is assigned. If the Area Director determines that it is appropriate to achieve the necessary deterrent effect, a maximum penalty of $16,550 may be proposed.
    

5. Serious Willful Penalty Reductions.
   
   The reduction factor for history shall be applied as usual. The reduction factors for size for serious willful violations shall be applied as shown in Table 3:

   Table 3: Serious Willful Penalty ReductionsEmployeesPercent reduction10 or fewer8011-206021-305031-404041-503051-10020101-25010251 or more0

   
   If you have any questions regarding the above, please contact Directorate of Enforcement Programs at (202) 693-1850.