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Subscribe to the Houston Chronicle I Shopping Classifieds I Obi ts I Place an Ad I La Voz Opinion, Ourlook Steinzor: With DuPont, OSHs tough talk falls faint Agency too Quick to make deal with employers, oﬀering weak penalti es By Rena Steinzor May 22, 2015 Comments 2 I E-mail I Print Tweet ► Photo By Marie 0. De Jesus/MBI , 1 of 2 , Four workers were killed last November dur i ng a I1azardous chemical leak at DuPont's pl ant in La Porte. OSHA fined the company $99,000, whicI1 some critics say is too small a penalty for t11e violations found there. Tile nat i on's top guardian of workplace safety tal ked tough earli er this month wI1en announcing that 11 ci ta tions wer e b eing issued against DuPont' s La Porte pl ant for the 2014 release of poi sonous met1 1 yl mercaptan that choked four employees to death. U.S. Occupat ional Safety and Health Administration chief David Michaels sounded l i ke he thinks DuPont managers bel1aved very badly. Readi ng his statement, you migh t even think crimi n a l misconduct I1ad occurred. But ta ke a close look at the agency' s paperwor k and the tough talk di ssolves t o a faint whis p er. Despite ample evi dence that gross and reckless neglect of fundament al safety protocol s caused the tragedy, OSHA could only muster alleged violati ons totaling $99,000 in ci vil penalties, an amount that DuPont could pay out of petty casI1. Penalties this small relati ve to a company's size and revenues do not deter future misconduct by DuPont or its competi tors. Inst ead, they are written off as a mere cost of doing business. Tllat outcome is particularly troubl ing because the reckless mismanagement t11at killed brothers Gilbert and Robe Tisnado, Wade Baker and Crystle Wi se shoul d have Qualified for OSHA' s most str ingent puni shment. Choosing ci tations that allege ·serious" - r ather than •willful"- violations mea ns that senior managers are immuni zed from federal indictments for cr iminal recklessness. Register I Sign In 83•F Mostly Cloudy I Houston Weather Top Videos The Tumultuous Retionship twn , LeBn Jam and His Fans TIME Magazine ·-, � ,

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Subscribe to the Houston Chronicle I Shopping Classifieds I Obits I Place an Ad I La Voz

Opinion, Ourlook

Steinzor: With DuPont, OSHA's tough talk falls faint Agency too Quick to make deal with employers, offering weak penalties By Rena Steinzor May 22, 2015

Comments 2 I IE! E-mail I @I Print Tweet

►

Photo By Marie 0. De Jesus/MBI , 1 of 2 ,

Four workers were killed last November during a I1azardous chemical leak at DuPont's plant in La Porte. OSHA fined the company $99,000, whicI1 some critics say is too small a penalty for t11e violations found there.

Tile nation's top guardian of workplace safety talked tough earlier this month wI1en announcing that 11

citations were being issued against DuPont's La Porte plant for the 2014 release of poisonous met11yl mercaptan that choked four employees to death. U.S. Occupational Safety and Health Administration chief David Michaels sounded like he thinks DuPont managers bel1aved very badly. Reading his statement, you might even think criminal misconduct I1ad occurred. But take a close look at the agency's paperwork and the tough talk dissolves to a faint whisper.

Despite ample evidence that gross and reckless neglect of fundamental safety protocols caused the tragedy, OSHA could only muster alleged violations totaling $99,000 in civil penalties, an amount that DuPont could pay out of petty casI1. Penalties this small relative to a company's size and revenues do not deter future misconduct by DuPont or its competitors. Instead, they are written off as a mere cost of doing business. Tllat outcome is particularly troubling because the reckless mismanagement t11at killed brothers Gilbert and Robert Tisnado, Wade Baker and Crystle Wise should have Qualified for OSHA's most stringent punishment. Choosing citations that allege ·serious" - rather than •willful"- violations means that senior managers are immunized from federal indictments for criminal recklessness.

83•F Mostly Cloudy I Houston Weather

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TIME Magazine ·-, �'-:' .;,