In an interview with Bloomberg Law, John Surma shared his thoughts on the Fourth Circuit's ruling in McMaster v. DOL, which preserved South Carolina's ability to continue challenging OSHA's authority to mandate matching state and federal penalty ceilings. On what actually drives employer compliance, Surma said he disagreed “that the penalties OSHA imposes are actually the deterrent some think they are,” adding that it’s the impact the agency “can have on an operation and the fact that employers have a very overblown impression of the ability of OSHA to inspect workplaces that is the deterrent for most.”
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