Government Accountability Office (GAO) analysis of federal data found that about one percent of companies with Department of Defense (DOD) contracts were cited for willful or repeated safety, health, or fair labor violations in fiscal years 2015 through 2019. However, these data do not indicate whether the violations occurred while performing work related to a defense contract.
The National Defense Authorization Act for Fiscal Year 2020 included a provision for GAO to report on the number of DOD contractors that the Department of Labor found to have committed willful or repeated violations under the Occupational Safety and Health Act of 1970 (OSH Act) or the Fair Labor Standards Act of 1938 (FLSA) for fiscal years 2015 through 2019.
Because of limitations in available data, GAO could not determine the total incidence of willful or repeated violations of safety, health, or fair labor standards among all companies with a defense contract in this 5-year time frame. Specifically, about 43 percent of Labor’s safety and health violation data did not include key company identification numbers. These numbers are necessary to match federal contracting data to violation data. GAO recommended in February 2019 that Labor explore ways to address this issue. While Labor neither agreed nor disagreed with the recommendation, it issued a memorandum in May 2019 directing its Occupational Safety and Health Administration staff to make every reasonable effort to collect this information during inspections and enter it into its database. About 1 percent of Labor’s data on fair labor violations were missing these key company identification numbers.
The nature of the willful or repeated violations for companies with DOD contracts during fiscal years 2015 through 2019 varied. According to GAO’s analysis of Labor data, the most frequently found willful or repeated safety and health violations related to toxic substances and machinery. For that same time frame, the most frequently found willful or repeated fair labor violations related to failure to pay overtime.