ASSE provided comments for the record of OSHA’s Standards Improvement Project – Phase IV Request for Information based significantly on its role as Secretariat to the ANSI-accredited A10 Committee for Construction and Demolition Operations and the ANSI/ASSE Z9 Committee for Health and Safety Standards for Ventilation Systems. The comments included a detailed matrix of changes ASSE is urging OSHA to make to the 29 CFR 1926 Safety and Health Regulations for Construction to update consensus standards refernces in the regulations, along with copies of the standards for OSHA’s use. Also included was a copy of the recently updated Construction Safety Management and Engineering, the widely respected, comprehensive reference for managing risks on construction sites, and asked that it be referenced in 1926 appendices.
Secretary Solis’ comments on her resignation can be found at http://www.dol.gov/opa/media/press/opa/OPA20130053.htm
From a January 11, 2013, ASSE press release –
American Society of Safety Engineers (ASSE) President Richard A. Pollock, CSP,
responds to the recent resignation of U.S. Secretary of Labor Hilda L. Solis:
“On the announcement of her resignation, ASSE thanks and congratulates Secretary of Labor Hilda L. Solis for her service to the nation. We are pleased that, under her leadership, the Occupational Safety and Health Administration (OSHA) has been a positive partner in the discussion about how to energize and move forward this nation’s commitment to occupational safety and health. While ASSE and its members may not agree on every direction the current OSHA has taken, we do appreciate that under her leadership there has been willingness at OSHA to share ideas and listen to what our members have to say about the best ways to protect this nation’s workers on the job. Secretary Solis should be given
credit for supporting that environment. We have no doubt that Secretary Solis
will provide similar positive leadership in her future endeavors and wish her
good luck. As we do with every Administration’s choices to lead the Department
of Labor and OSHA, ASSE looks forward to working with a new Secretary of Labor who we trust will continue to provide thoughtful, cooperative leadership at the Department of Labor.”
ASSE has nominated Ron Sokol, CSP, to serve as a public member on OSHA’s Advisory Committee for Construction Safety and Health (ACCSH). Ron is the organizational leader for the Safety Council of Texas City, Texas, which works with employers and contractors to train construction workers in the petrochemical industry. He is a member of the NIOSH NORA Construction Council and serves as the Council on Professional Standards representative on ASSE’s Government Affairs Committee, among many of his achievements.
In response to ASSE’s effort on behalf of its Arizona members to see that the Arizona Division of Occupational Safety and Health enforce federal OSHA’s residential fall protection standard, ASSE received a letter from OSHA’s Phoenix Area Office outlining OSHA’s Complaint About State Program Administration (CASPA) investigation. ADOSH has 30 days to respond to OSHA’s findings and requirements. In the last minutes of its session this year, the Arizona legislature passed into law of Senate Bill 1441 that made sure Arizona employers cannot be required to protected construction workers from falls under elevations of 15 feet, which is 9 feet more than OSHA’s standard.
ASSE has been working with its local members in the New York and New Jersey areas to get help to those impacted by Hurricane Sandy. At the personal request of Assistant Secretary David Michaels, ASSE, NSC and AIHA have reached out to companies to encourage them to donate PPE and other safety equipment to nonprofits in New York and New Jersey who can distribute the donations to workers.
ASSE has also begun a grass roots effort to reach out to members connected to ASSE through government affairs to reach out to suppliers, their employers and others to donate PPE and other safety equipment for distribution to workers in the impact area.
In addition, the ASSE Foundation has stepped up to serve as a repository of financial contributions, 100% of which will be given to ASSE’s New York City Chapter for the purchase of PPE that Chapter members will distribute to workers. The New York City Chapter is holding a fundraiser November 29 and offered to match up to $2500 in contributions.
But, the need is great and will not end soon. You can still help –
- Encourage your suppliers or employer or anyone else to donate PPE. Everything is needed, from safety vests to rubber chemical resistant and leather gloves to electrically insulated boots and N 95 respirators. Contact OSHA’s Cathie M. Mannion, Assistant Regional Administrator for Technical Support, at mannion.cathie@dol.gov or 347-996-2041 for specific donation information and delivery locations.
- Donate to the ASSE Sandy PPE Fund by filling in the form at the link and typing “Sandy PPE Fund” in the space after Other.
- Spread the message and encourage others to spread the message.
- Let dheidorn@asse.org or dhurns@asse.org know if you are contributing or have helped find someone else to contribute, if you can.
ASSE’s power is in its members. Thanks for proving that once again.
In an effort to help make sure the purpose and value of OSHA and NIOSH is not lost in the fervent and highly political debate on the federal budget now underway in Washington, DC, ASSE joined with the National Safety Council (NSC) and the American Industrial Hygiene Association (AIHA) to raise a united voice in support of the budgets for those agencies. The letter to Chairman Tom Harkin of the Senate Labor‐HHS‐Education Appropriations Subcommittee also addresses several appropriations riders that would limit OSHA’s capabilities and argues for the protection of the NIOSH Agriculture, Forestry and Fishing (AgFF) sector research program and Education and Research Centers (ERCs). The organizations will also lobby together for the agencies on Capitol Hill.
ASSE is asking its members to reach out to employers and other organizations to join the Society as members of the 85-3 Campaign. As the invitation from the campaign indicates, the 85-3 Campaign recognizes organizations and employers that, as part of their hearing protection strategy for workers, have adopted the 85 dBA noise protection level.
It’s easy to join by simply contacting the campaign directly at 85noise@gmail.com. And, if you can, please let Dave Heidorn know of your effort at dheidorn@asse.org.
On joining the campaign this year, ASSE President Richard A. Pollock, CSP, said in a statement, “On behalf of its nearly 35,000 member safety, health and environmental (SH&E) professionals, ASSE is pleased to join the 85-3 Coalition and looks forward to working with the coalition’s members to support the adoption of the 85-dBA average exposure limit for an 8-hour day measured with a 3-dB exchange rate. The appropriateness of the 85-3 level is widely accepted in practice by our members and many of the employers with whom they work throughout the world.”
Early in the year, ASSE urged the Occupational Safety and Health Administration (OSHA) to focus its efforts to improve hearing protection on lowering OSHA’s permissible exposure limit (PEL) for noise from the current 90 dBA (decibel) to 85 dBA. 85-3 is also required in the ANSI/ASSE A10.46 Standard “Hearing Loss Prevention for Construction and Demolition Workers” , and NIOSH has known the gains in hearing protection 85-3 can achieve for decades.
ASSE has joined the 85-3 Campaign, which recognizes organizations and employers that, as part of their hearing protection strategy for workers, have adopted the 85 dBA noise protection level. “On behalf of its nearly 35,000 member safety, health and environmental (SH&E) professionals, ASSE is pleased to join the 85-3 Coalition and looks forward to working with the coalition’s members to support the adoption of the 85-dBA average exposure limit for an 8-hour day measured with a 3-dB exchange rate,” ASSE President Richard A. Pollock, CSP, said in a statement. “The appropriateness of the 85-3 level is widely accepted in practice by our members and many of the employers with whom they work throughout the world.” Earlier this year, ASSE urged the Occupational Safety and Health Administration (OSHA) to focus its efforts to improve hearing protection on lowering OSHA’s permissible exposure limit (PEL) for noise from the current 90 dBA (decibel) to 85 dBA. 85-3 is also required in the ANSI/ASSE A10.46 Standard “Hearing Loss Prevention for Construction and Demolition Workers” , and NIOSH has known the gains in hearing protection 85-3 can achieve for decades.
On September 20-21, OSHA, BSEE, EPA, PHMSA and the Coast Guard came together with stakeholders in the oil and gas industry in Texas City, Texas, to discuss regulatory issues facing the industry at the “Expert Forum on the Use of Performance-Based Regulatory Models in the US Oil and Gas Industry, Offshore and Onshore.” Government Affairs Committee and Oil and Gas Practice Specialty members Gene Barfield and Ron Sokol represented ASSE at the meeting. In its comments, ASSE commended the agencies and OSHA Assistant Secretary David Michaels’ leadership for taking the unprecedented step of bringing together 5 agencies to discuss an issue of common concern. From member input, ASSE’s comments addressed specific questions posed by the agencies aimed at gathering more information on how best to bring together risk-based with needed prescriptive approaches. Among its detailed comments, ASSE shared members’ experience with Process Safety Management (PSM) and expressed its encouragement in the risk-based approach taken in the Safety and Environmental Management Systems (SEMS) being implemented off shore.
Recognizing ASSE members’ responsibility for managing interactions with OSHA for their employers, the Government Affairs Committee thought it important that members understand as much as possible about the variety of administrative actions OSHA is taking to focus the agency’s enforcement efforts. A summary of those various actions has been prepared by Adele Abrams, Esq., ASSE’s Federal Representative. The intent is to provide ASSE members with a broad understanding of how the current OSHA is undertaking its enforcement responsibilities. You can find the document at Federal OSHA’s Increased Focus on Enforcement.
In a letter to Assistant Secretary David Michaels, ASSE commended OSHA for its report, Voluntary Protection Programs (VPP) Review. ASSE said the report was thoughtful, frank and helpful and that the report validated the value of VPP. ASSE supported most of the report’s recommendations, including continuing to provide exemptions from programmed inspections for participants, expanded use of special government employees, the reporting of participants’ best practices, and establishing a cooperative way to identify effective lagging indicators, leading indicators, and outcome measures to track VPP performance. ASSE urged caution in pursuing the recommendation to place participants on inactive status in case of a fatality, urging a more nuanced, cooperative approach.
On behalf of ASSE’s members, President Rick Pollock congratulated John
Bresland on his retirement from the U.S. Chemical Safety and Hazard Investigation Board (CSB). His letter thanked Bresland for his leadership in helping CSB achieve deserved levels of respect and support. Bresland’s commitment to CSB’s mission has given ASSE members insight and information into workplace risks that they have used to help employers prevent worker deaths, injuries and illnesses, Pollock said.
ASSE nominated James Thornton, CSP, CIH, for reappointment as Chair of OSHA’s Maritime Advisory Committee for Occupational Safety and Health(MACOSH) in a letter to Assistant Secretary for OSHA David Michaels. Jim has had a long and distinguished career committed to protecting workers in the shipbuilding industry and has demonstrated similar leadership in his profession. As Chair of ASSE’s Government Affairs Committee, he is engaged in building ASSE’s voice in public affairs issues and is a former President of AIHA. He is a well recognized proponent of OSHA’s Voluntary Protection Program and is the current Chair of MACOSH.
In a letter to Assistant Secretary David Michaels, ASSE nominated Rixio E. Medina, CSP, CPP, to continue to serve as a member of OSHA’s National Advisory Committee on Occupational Safety and Health (NACOSH). Rixio is a leading expert in protecting workers and property in the petrochemical industry and a widely respected leader in the occupational safety and health community. He is a current member of NACOSH, the second time he has served under two different Administrations. He has served on the U.S. Chemical Safety and Hazard Investigation Board. As a Professional Member of ASSE, he has served on ASSE’s board, as a founding member of Safety Professionals and the Latino Workforce, and as a trustee of the ASSE Foundation. He also been on the Board of Certified Safety Professionals and involved in organizations in the petrochemical industry, in education and training, in security, and in emergency response.
In a letter to U.S. Office of Personnel Management Director John Berry, ASSE urged adoption of recommendations made by OSHA’s Federal Advisory Committee for Occupational Safety and Health (FACOSH) to upgrade federal safety and health positions. ASSE expressed full support FACOSH’s May 2011 recommendations to upgrade the GS-0018, Safety and Occupational Health Management job series:
- That OPM delete the option of using experience alone as a qualification for the series and require education and/or professional certification as a CSP, CIH, or CHP.
- That the series be moved the Administrative Series to the Professional Series.
- That OPM include “from an accredited college or university” with the education requirements.
Today’s safety and health professional confronts complex risks that did not exist a decade ago, much less in 1980 when the GS-0018 series was written, ASSE said. Organizations must place safety and health professionals in positions that allow them to provide leadership in meeting these risks. The FACOSH recommendations are specifically aimed at helping make sure that federal safety and health professionals are able to provide organizational leadership in protecting workers and serving the American people efficiently and effectively.
On June 27, the House Subcommittee on Workforce Protections held a hearing entitled “Promoting Safe Workplaces Through Voluntary Protection Programs.” Among several issues its comments addressed, ASSE urged consideration that an OSHA standard requiring all employers, as in VPP, to have in place an injury and illness prevention plan (I2P2) may be the only way OSHA’s overall approach to workplace regulation can be in line with how the best results in workplace safety are achieved. As an ASSE member said, “All of OSHA should be VPP.” ASSE also reiterated its strong support for VPP, backed continued research into the effectiveness of all OSHA programs, and stated its agreement that incentives designed to discourage workers from reporting injuries cannot be part of VPP. You can watch the hearing at http://edworkforcehouse.granicus.com/MediaPlayer.php?view_id=2&clip_id=99.
In a letter to Assistant Secretary David Michaels, ASSE urged OSHA to ensure that the Arizona Division of Occupational Safety and Health (ADOSH) meets its obligation as a state plan to be “at least as effective as” federal OSHA and enforce fall protection for residential construction workers at 6 feet. ASSE’s Arizona members requested the Society’s help in addressing the passage into law of Senate Bill 1441 that made sure Arizona employers cannot be required to protected construction workers from falls under elevations of 15 feet. ASSE also urged OSHA to work with ADOSH outreach efforts to advance understanding of the importance of a 6-foot standard. SB 1441 bars enforcement of less than a 15-foot standard but not the sharing of best practices on how to protect construction workers from falls.
OSHA’s HazCom/GHS final rule has been challenged in the US Court of Appeals, DC Circuit, by the American Petroleum Institute, the American Tort Reform Association, CropLife America and a coalition of five other industry groups, including American Chemistry Council (ACC). The Chamber of Commerce has expressed support for the Petitions for Judicial Review. The Petitions do not provide specifics about the basis for each challenge. Such information will be included in later filings. However, there are concerns about conflicts between OSHA’s and EPA’s labeling requirements for fungicides and rodenticides. Prior to the final rule, ACC expressed concern about the inclusion of combustible dust and use of “hazards not otherwise classified” in the rule.
Questions about This Action
1. Does this delay implementation of the rule?
Not likely. There is no automatic stay from filing an appeal – the parties would have to file a motion to stay with the Court of Appeals (all of the lawsuits challenging the rule have were filed with the D.C. Circuit). The Rules of Appellate Procedure require that, in most cases, a party asking the Court of Appeals to stay an administrative agency order must first file a motion for stay with the agency, then with the Court of Appeals. The criteria for a stay in the court of appeals is (1) whether the petitioner has made a strong showing that it is likely to prevail on the merits, (2) that without the stay, petitioner will be irreparably harmed, (3) a stay is in the public interest. Given the time periods for implementation of the GHS in the rule, it is not likely that a court would find irreparable harm if a stay is not granted, even if the parties do request one.
2. Assuming plaintiffs win, what is the effect on the rule? Would the Court throw the whole rule out or strike specific items?
Most likely strike specific items. Only the “barebones” petitions for appeal have been filed thus far, so what relief the petitioners will ask for is not known. But, according to reports, the petitioners will ask for relief on specific provisions of the rule (e.g. CropLife America’s challenge is to pesticide labeling, American Tort Reform Association pertains to non-preemption, ACC to combustible dust, and API to the definition of hazardous mixtures). Even if the petitioners did ask for the whole rule to be thrown out, it is unlikely the Court of Appeals would do so. Generally, in challenges to OSHA standards, if the petitioners complaints are with specific provisions (as compared to the overall legal criteria that OSHA applied or procedural errors in the rulemaking), the Courts of Appeals have not “thown out” the entire rule but returned the “offending parts” to the agency for changes.
Prepared by the Law Offices of Adele Abrams, Esq., ASSE’s Federal Representative
On May 7, ASSE President Terrie Norris and NIOSH Director John Howard signed a partnership agreement between ASSE and NIOSH. The wide-ranging agreement aims to bring ASSE members and NIOSH staff closer together to advancing research and understanding of the value occupational safety and health brings to business and the American people, develop and disseminating information on worker safety and health, and support opportunities for NIOSH staff and researchers and ASSE members to share information and develop cooperative relationships, among other goals.
In a comment to the Office of the Federal Register (OFR), ASSE strongly opposed possible rulemaking to amend OFR’s regulations defining “reasonably available” or change current requirements related to materials incorporated by reference (IBR) in regulations published in the Federal Register, as sought in a petition to OFR. At issue is whether and how voluntary consensus standards should be made available when cited in a regulation. ASSE said any action risks overlooking the value consensus standards play in protecting workers, ignores the positive conversation that is already changing how voluntary consensus standards are being made available, and, ultimately, threatens the ability of independent SDOs like ASSE from hosting the development of such standards.
ASSE has joined with 127 other NIOSH stakeholders to voice opposition to the Obama Administration’s proposed elimination of funding for Education and Resource Centers and the NORA Agriculture, Forestry and Fishing (AgFF) research program in letters to leaders of the Senate and House Appropriations Subcommittees on Labor, HHS, Education and Related Committees. Congress rejected these same cuts in the FY 2012 budget, but the Administration is once again using the same justification (at page 40 of the document) in its proposal.
On March 16, ASSE President Terrie Norris and Assistant Secretary David Michaels signed a renewed Alliance agreement between ASSE and OSHA. The overall goal of the two-year Alliance is to promote best practices for reducing and preventing worker exposures to health and physical hazards. More specifically, ASSE and OSHA will continue work together to address non-English or limited English-speaking workers especially through the efforts of ASSE’s Safety Professionals and the Latino Workforce (SPALW); advancing awareness of workplace safety through NAOSH Week; motor vehicle safety; and awareness of workplace safety and health for public sector employees. The achievements of the Alliance are documented on OSHA’s website at ASSE. ASSE’s press release for the renewal is at ASSE press release and OSHA’s at OSHA news release. For more information about OSHA’s Alliance Program, go to OSHA Alliance Program.
ASSE submitted a comment on an EPA proposed rule to set significant new use rules (SNURs) for chemical substances, 7 of which included carbon nanotubes. For those substances involving nanotechnology, ASSE told EPA it could not ignore established industrial hygiene and safety practice, NIOSH and its own research by not requring the hierarchy of controls to be followed in protecting workers under the SNURs. ASSE said, “An appropriate risk assessment based on the hierarchy of controls requires that engineering controls be considered first, and if deemed feasible, implemented before considering the use of personal protective equipment (PPE) such as respirators, gloves and clothing. Yet, no mention is made of engineering controls in EPA’s required protections.”
In light of the criticism and complaints that have followed the OSHA’s directive rescinding the Interim Fall Protection Compliance Guidelines for Residential Construction, ASSE in a letter to Assistant Secretary David Michaels stated its support for the change in policy as a needed step forward in protecting workers. ASSE also commended OSHA for its efforts to work with residential contractors in the implementation of this policy both by extending its temporary enforcement measures (https://www.osha.gov/doc/residential_fall_protection/residential_guidance.html) and in providing extensive resources to help employers implement the policy (http://www.osha.gov/doc/topics/residentialprotection/index.html).
Adding to previous comments opposing OSHA’s Interpretation of Provisions for Feasible Administrative or Engineering Controls of Occupational Noise, ASSE suggested in a letter to Assistant Secretary David Michaels that a more valuable measure to reduce noise exposures would be lowering OSHA’s permissible exposure limit (PEL) for noise from 90 dBA to 85 dBA. At the lower PEL, however, engineering controls can become exponentially more expensive and difficult to achieve, adding to the reasons OSHA should not pursue a new economic feasibility interpretation. ASSE also urged OSHA to communicate more widely its stated practice of working cooperatively with employers to achieve incremental improvement in noise levels over reasonable periods of time.
ASSE nominated Gary Lopez to OSHA’s Advisory Committee on Construction Safety and Health (ACCSH). Gary is a widely respected Professional Member of ASSE with strong experience in managing workplace safety and health risks in the construction industry. He is a founding member of the committee that oversaw and continues to manage the development of the ANSI/AIHA Z10-2005, Occupational Health and Safety Management Systems and, since 2005, has served as the Chair of ASSE’s Standards Development Committee, which oversees the ANSI/ASSE A10 construction standards.
In a letter to Director John Howard, ASSE commended NIOSH for the publication of its National Assessment of the Occupational Safety and Health Workforce report (http://www.cdc.gov/niosh/oshworkforce/), the first look at occupational safety and health workforce issues since the Institute of Medicine’s Safe Work in the 21st Century (http://www.nap.edu/openbook.php?isbn=0309070260) study in 2000. The report addresses how SH&E professionals are educated and trained, the means by which they demonstrate professionalism, the resources available for their education and training, how their education and training meet the needs of employers who will hire them, and a better understanding of the future need for SH&E professionals as well as this nation’s ability to meet that need. ASSE said this report can serve as a foundation for determining how best to support the need for SH&E professionals over the next decade and beyond and looks forward to working with NIOSH, its other partners, and our member educators to address the variety of issues raised by this report.
In a letter to Cass Sunstein, Administrator of the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) in the White House, ASSE urged his office to do everything possible to advance OSHA rulemaking on Occupational Exposure to Crystalline Silica so that ASSE’s members can play a meaningful part in seeing that OSHA promulgates an appopriate standard. While ASSE has no position on the rulemaking at this time, the Society expressed concern that OIRA is engaged in a conversation about the rulemaking with only select stakeholders, as the OIRA meeting record indicates. ASSE said its members already know how to protect workers from silica risks far above the current standard without being overly burdensome to employers. As it stands, its members are not being given the opportunity to tell OSHA how a standard can do the same.
In a comment for the record, ASSE said it could not support proposed changes to OSHA’s reporting rules from the current requirement that employers report within 8 hours fatalities and in-patient hospitalizations of 3 or more employees to 1 or more employees and to add the requirements that amputations be reported within 24 hours. ASSE said it does not believe, given OSHA’s resources and the practical difficulties employers face in reporting, that these enhanced reporting requirements will result in the kind of improved safety and better data that OSHA intends.
In the current discussion over OSHA’s efforts to advance rulemaking on an injury and illness prevention program (I2P2) standard, NIOSH Director and former Cal OSHA Chief John Howard has given presentations on California’s experience with an I2P2 standard. On July 15, Dr. Howard gave his California I2P2 presentation at the Small Business Labor Safety (OSHA/MSHA) Roundtable held by the Office of Advocacy of the Small Business Administration (SBA). In August OSHA is expected to submit its proposal for a standard to the SBA for review as required by the Small Business Regulatory Enforcement Fairness Act (SBREFA). John Howard
15 July 2011
Small Business Roundtable
Office of Advocacy
Small Business Administration
Washington, D.C.
John Howard
15 July 2011
Small Business Roundtable
Office of Advocacy
Small Business Administration
Washington, D.C.
ASSE expressed support for MSHA’s $384.3 FY 2012 budget request in a letter to House Appropriations Committee leaders. “We believe that safety in mines will be enhanced not by ‘less MSHA’ but by ‘a better MSHA,’” the letter stated. Full funding of MSHA’s budget request will allow MSHA to provide funding for improved dust monitoring in coal mines through the purchase of continuous personal dust monitors, move forward on several regulatory initiatives particularly in the health area, and address the backlog of enforcement cases presently before the Federal Mine Safety and Health Review Commission. However, ASSE expressed concern with the proposed transfer of Small Mines Office personnel to field or district offices, fearing the end of this compliance-assistance program to help small mines with safety.
In a video played first at the opening session of Safety 2011 in Chicago, Secretary of Labor Hilda Solis congratulated ASSE on its 100th Anniversary, noting OSHA’s 40th Anniversary, ASSE’s alliance and the shared goal of the Department of Labor, OSHA and ASSE in helping make sure all jobs are safe jobs. Secretary Solis also commemorated ASSE in a letter, stating, “ASSE’s work over the past century has been critical to the great progress the Nation has made in workplace safety and health.”
In the 100th year of ASSE and modern occupational safety, ASSE offered leaders of the key U.S. Senate and House of Representative committees responsible for workplace safety and health oversight draft legislation to address needed reforms in federal law to help improve U.S. workplace safety and health. ASSE’s first occupational safety and health draft reform proposal Enhancing Occupational Safety and Health Protections in the 100th Year Act of 2011 is intended to help improve OSHA and NIOSH capabilities and better encourage employer responsibility for worker safety and health.
“For the past 100 years ASSE’s member occupational safety, health and environmental professionals have worked day and night in all industries to prevent workplace injuries and illnesses. They have seen results, but at the same time know that more needs to and can be done,” said ASSE President Darryl C. Hill, PhD, CSP, in letters to the Chairmen and Ranking Members of the Senate Committee on Health, Education, Labor and Pensions and House Committee on Education and the Workforce. “That’s why, on this our 100th Anniversary, ASSE offers this draft legislation to build on what we have learned is missing in the way this nation oversees workplace safety and health. After 40 years of the OSH Act and other decisions made following its passage in 1970, workers should be able to rely on a thoughtful reexamination of that Act’s effectiveness, which we hope our draft legislation encourages.”
ASSE’s bill contains provisions on coverage of public sector employees; updating permissible exposure limits; advancing a risk-based regulatory approach; encouraging collaborative rulemaking; enhanced definition of competent person; encouraging OSHA consideration of voluntary consensus standards; enabling OSHA to update standards with voluntary consensus standards; relocation of NIOSH within the Department of Health and Human Services; increased criminal penalties for those responsible for safety culture in an organization; encouraging employer risk assessment through third part consultations; encouraging risk assessment through safety and health audit privilege; codification of the Voluntary Protection Program(VPP); and, expanded access to VPP for small businesses.
“Most of the ideas are those ASSE has championed over the years, and some are ideas we backed in the occupational safety and health reform debate over the last several years. You will find ideas offered by both Republicans and Democrats. If not on this 100th anniversary, which we also consider the beginning of a modern commitment to safe and healthy workplaces, when will be a better time to build on what we know can work to improve how our nation oversees occupational safety and health protections in our workplaces?”
A letter on behalf of ASSE’s members in North Carolina urges Senator Kay Hagan (D-NC) to join in sponsoring the Voluntary Protection Program Act (S. 807), a bill to place OSHA’s Voluntary Protectiion Program into the Occupational Safety and Health Act, ensuring that OSHA will continue the program. The bipartisan bill was sponsored by Senator Michael B. Enzi (R-WY) and Senator Mary Landrieu (D-LA). Senator Enzi is the Ranking Member and Senators Landrieu and Hagan are members of the Senate Committee on Health, Education, Labor and Pensions. North Carolina members have also individually urged Senator Hagan’s support for the bill in a grass roots effort. ASSE supports S. 807 and HR 1511, the companion bill in the House of Representatives.
In a letter to House Appropriations Committee leaders, ASSE stated its support for the Administration’s FY 2012 budget request for OSHA. If adopted, the $583.4 million request would give the agency a 4.3 percent increase over OSHA’s FY 2010 budget. ASSE specifically supported increases for OSHA’s standards activities, federal compliance assistance, state plans and whistleblower programs. ASSE urged recognition of the cost to nation’s competitiveness that failure to protect workers brings, citing the recent NIOSH study that found workplace deaths between 1992 and 2002 cost the US $53 billion in societal costs.
Bipartisan legislation introduced in the U.S. Senate and House to place OSHA’s Voluntary Protectiion Program (VPP) into law and ensure the program’s future has received ASSE’s support. In letters to Senators Enzi and Landrieu for S 807 and Representatives Petri and Green for HR 1511, ASSE expressed its strong support for VPP. Senator Enzi and Rep. Petri are Republicans. Senator Landrieu and Rep. Green are Democrats. “VPP is unique in encouraging employers not simply to meet regulatory standards but to take active responsibility for safety and to seek results beyond the minimum,” the letters said. ASSE also supports provisions requiring a monitoring system with specific performance goals for VPP and prohibiting payment from an employer to participate. The current Administration cut funding for VPP in its FY ’11 budget proposal for OSHA but has fully fundeded the program in its FY ’12 budget.
ASSE’s Government Affairs Committee met in Washington DC May 1-3 in conjunction with NAOSH Week for a meeting and to conduct its annual Capitol Hill Visits. Below is a schedule of visits they made and the issues discussed.
GAC Members at OSHA
[l to r] Bill Propes (TX), Mike Neason (KY), CoPA VP Tom Cecich (NC), Ron Sokol (TX), Chair Jim Thornton (VA), and Ernie Harper (ID)
| |
Discussion |
| 8:30 – NIOSH
Frank Hearl, Chief of Staff; John Piacentino, MD, Associate Director for Science |
- ASSE support for Ag, Forestry, Fishing NORA program and ERCs in Administration’s proposed FY 12 budget
- Cooperation on risk assessment, ASSE’s evolving Risk Assessment Task Force under CoPA
- Cooperation on ASSE’s CoPA effort to ensure recognition of safety in corporate sustainability efforts
- Appreciation for NIOSH’s commitment to economic studies supporting value of safety
- ASSE involvement in NIOSH NORA Symposium July 12-13 in Cincinnati (http://www.team-psa.com/NORA2011/callforabstract.asp); NIOSH PtD Prevention through Design (PtD) Workshop August 22-24 in Washington, DC (http://www.cdc.gov/niosh/topics/ptd/#workshop); and Eliminating Health and Safety Disparities at Work, September 14-15 in Chicago (http://www.aoecdata.org/conferences/healthdisparities/index.html)
- Update on NIOSH efforts in nanotechnology
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| 9:45 – House Education and the Workforce lead majority (Republican) staff responsible for occupational safety and health issues |
- ASSE draft OSH reform bill
- ASSE support for legislation codifying VPP
- Prospects of Byrd mine safety reform bill
- Prospects of OSHA I2P2 standard setting
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| 10:30 – Senate Health, Education, Labor and Pensions lead minority (Republican) staff responsible for occupational safety and health issues |
- ASSE draft OSH reform bill
- ASSE support for legislation by Chairman Enzi codifying VPP in the Senate
- Prospects of Byrd mine safety reform bill
|
| 12:30 – House Education and the Workforce lead minority (Democrat) staff responsible for occupational safety and health issues |
- ASSE draft OSH reform bill
- Combustible dust – efforts to address the issue at OSHA and in Congress
- ASSE support for legislation codifying VPP
|
| 1:30 – CSB
Board Members Mark Griffon and John Bresland; Daniel Horowitz, Managing Director |
- ASSE support for nomination of member Jerry Jones to CSB Board and possible interest of other members
- ASSE support for CSB’s FY 12 budget request
- ASSE draft OSH reform bill
- Overview of CSB investigations, including Deepwater Horizon
- Linking ASSE chapter member resources with CSB investigators – specifically with Hawaii members in Honolulu fireworks explosion investigation
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| 1:30 – Office of Senator Mary Landrieu (D-LA) |
- ASSE support for VPP codification bill cosponsored by Senator Landrieu
- ASSE draft OSH reform bill
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| 3:00 – OSHA
Jordan Barab and Rich Fairfax, Deputy Assistant Secretaries; Deborah Berkowitz, Chief of Staff |
- I2P2 and next steps – SBRFA process to begin in June
- ASSE draft OSH reform bill
- Administration FY ’12 budget proposal for OSHA, including increased resources for whistleblower program
- Combustible dust issue and May 13 expert panel
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In the same year ASSE is celebrating its centennial year, OSHA is celebrating its 40th Anniversary. To mark this milestone, OSHA has released a video on its 40 years and announced a photo contest Picture It! Safe Workplaces for Everyone to encourage those 18 years or older to capture an image of workplace safety and health and share it with OSHA. Assistant Secretary Michaels will be helping ASSE recognize this harmonic convergence of occupational safety and health milestones at Safety 2011 in Chicago where he along with NIOSH Director John Howard will lead the plenary session of the PDC on Monday, June 13, at 2:00 pm.
ASSE stated its support for the U.S. Chemical Safety and Hazard Investigation Board’s (CSB) FY 2012 budget request of $12.8 million in letters to Senate and House leaders of the Appropriations Subcommittees on Interior, Environment, and Related Agencies. ASSE said its members valued CSB’s response to chemical incidents,investigations and the information CSB shares in its reports and recommendations. Increased investigations would provide its members greater information on how to prevent chemical explosions. At a time of significant concern over this nation’s government spending, ASSE said it is confident that these amounts are a needed investment in helping prevent costly chemical explosions that too often take worker lives, shut down productive workplaces, cost jobs and threaten the well being of communities. Not providing CSB with the resources it needs would be a shortsighted decision that fails to address this nation’s ability to be productive.
In a letter to the White House, ASSE stated its support for Jerry L. Jones, a member, to be nominated to the U.S. Chemical Safety and Hazard Investigation Board.
ASSE submitted comments on the Mine Safety and Health Administration’s Proposed Rule Pattern of Violation (PoV) intended to strengthen MSHA’s ability to find that a mine has a recurring pattern of violations requiring heightened oversight by MSHA. The comment supported the development of POV criteria, adding transparencyto the process, and expanding adjudicated enforcement actions that can be used in a POV determination. But ASSE opposed including enforcement actions that have not reached final action and any requirement that MSHA approve a mine’s safety and health program. The Proposed Rule and other information can be found at MSHA’s POV Single Source Page.
In the latest Continuing Resolution for the remainder of FY 2011, the April 11 deal that is now up for a vote in Congress nearly $40 billion is cut from the federal budget through September. EPA is cut 16%, one of the biggest percentage cuts in the whole bill, $1.6 billion less than FY 2010. However, safety and health agencies have fared well –
NIOSH
There’s a $49 million cut in NIOSH funding, but that is coming from $71 million NIOSH was given for FY 11 for the WTC health program. That money will be coming off its books, replaced by the program established by Congress last year, which has its own funding. For FY 2011, NIOSH needs $38.5 to begin standing up that program. The CR apparently leaves them with $22 million of the $71 million, which they can combine with some discretionary funding to get to the $38.5 million needed. However, there a .2 percent across-the-board budget cutback, which means $600,000 that will be taken from NIOSH’s budget.
OSHA
From the Senate Appropriations Committee website, “The bill provides last year’s funding level of $558.6 million for OSHA. H.R. 1 would have cut $99 million or 18 percent from the agency’s budget.”
MSHA
Also from Senate Approps website, “The bill provides $363.8 million, an increase of $6.5 million over last year, sufficient to continue the mine safety and appeals backlog reduction plan, carryout aggressive enforcement actions and improve MSHA’s emergency response capability. H.R. 1 would have cut MSHA by $1.5 million, denying the agency needed funds to reduce the backlog of appealed cases and continue aggressive enforcement actions targeted at mine operators with poor safety and health records.”
Senate info is at http://appropriations.senate.gov/news.cfm?method=news.view&id=9aab5122-312e-49ed-b47e-79cd63970e5e and House info at http://appropriations.house.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=285
In a letter to Senate and House Appropriations Subcommittee leaders, 111 Friends of NIOSH joined together to voice opposition to proposed cuts to NIOSH’s Agricultural, Forestry and Fishing program and its support for Educational Resource Centers (ERCs) contained in the Obama Administration’s FY 2012 budget proposal.
Please join ASSE in opposing the Obama Administration’s proposed FY 2012 budget elimination of two significant NIOSH activities - the Agriculture, Forestry and Fishing (AFF) Program and Educational Research Centers (ERCs). ASSE’s letter to leaders of Senate and House Appropriations Subcommittees on Labor, HHS, Education and Related Committees focused on the importance of these programs to ASSE members, the safety of workers and US competitiveness and the failure of the Administration to make a case for eliminating support for AFF and ERCs in its budget justification. Justification for cutting AFF support was based on a National Academies review of the program was misunderstood, according to the experts who conducted the review in their own letter to Chairman Harkin. Cutting ERC support was based on the conclusion that the “goals of the program have been met,” which ASSE refuted in its letter.
Congress needs to hear from safety and health professionals about the importance of NIOSH and these programs. As the only meaningful resource for occupational safety and health research and educational support, NIOSH deserves every ASSE member’s support. The need to support the AFF program, which supports research into keeping workers safe in jobs with some of the highest fatality and injury rates, is obvious. While it is well recognized that the ERCs do not do enough safety education and training in some members’ view, having no ERCs will not result in more safety professionals, only less.
As a first step in advocating for NIOSH AFF and the ERCs, the Senate and House Appropriations Subcommittees on Labor, HHS, Education and Related Committees need to hear from you. So, especially if you one of these is your Senator or Representative, please send them a message –
But you should also contact your own Senators and Representative. You can easily find their email and office addresses by going to http://www.contactingthecongress.org/ and entering your address.
Your message can be short and simple. Best is a message in your own words, including examples from your life and practice that demonstrate personally the importance of the AFF programs and/or ERCs. But, the following sample message can be used –
Dear Senator/Representative _________________:
I am a safety and health professional who lives and works in ________________. I value the importance of the National Institute for Occupational Safety Health (NIOSH). Because NIOSH is the only federal resource for occupational safety and health research and education, it troubles me that the current Administration is proposing in its FY 2012 budget proposal to end support for two NIOSH activities – the Agriculture, Forestry and Fishing (AFF) program and Educational Resource Centers (ERCs). Without the AFF program, research in how to save the lives in some of the most dangerous industries will stop. Without ERCs, the ability of employers to hire well prepared safety and health professionals to help protect workers will be severely harmed. Investment in safety and health education and research is an investment in our nation’s competitiveness. Please join me in opposing these proposed cuts.
Sincerely,
Your Name
Address
If you can please share your letter with me, Dave Heidorn at dheidorn@asse.org. Any questions, please let me know. Thanks for your efforts.
ASSE voiced opposition to the Obama Administration’s proposed FY 2012 budget cuts to two significant NIOSH activities - the Agriculture, Forestry and Fishing (AFF) Program and Educational Research Centers (ERCs). The letter to Senator Tom Harkin, Chairman of the Senate Appropriations Subcommittee on Labor, HHS, Education and Related Committees focused on the importance of these programs to ASSE members, the safety of workers and US competitiveness and the failure of the Administration to make a case for eliminating support for AFF and ERCs in its budget justification. Justification for cutting AFF support was based on a National Academies review of the program, which was misunderstood, according to the experts who conducted the review in their own letter to Chairman Harkin. Cutting ERC support was based on the conclusion that the “goals of the program have been met,” which ASSE refuted.
In a letter to the leadership of the House Appropriations Committee’s Subcommittee on Labor, Health and Human Services, Education, and Related Agencies, ASSE states its opposition to significant cutbacks to OSHA funding proposed in the House of Representatives’ HR 1 as a Continuing Resolution for the remainder of the federal government’s FY 2011 budget. ASSE said a 17.7 percent decrease in OSHA’s funding that would push the agency back to FY 2004 funding levels is far too much, too fast a reduction to allow OSHA to continue the most basic work every Administration and Congress has expected from OSHA. While disagreeing with various current OSHA efforts, ASSE could not agree with rhetoric that a less effective OSHA will promote more jobs. For example, reducing standard-setting resources will only delay the need to bring this nation’s hazard communications in line with the rest of the world, helping companies be more competitive. Reducing enforcement will help keep OSHA from targeting employers not committed to safety and health who compete unfairly with those that do. Cutting state program funding will drive some state plans out of operation that ASSE members find are more willing to work with employers cooperatively than federal OSHA. In the Senate, OSHA would continue at FY 2010 levels under which the agency is currently working. The FY 2011 budget ends in September.
In submitting a comment on OSHA’s withdrawn Interpretation of Provisions for Feasible Administrative or Engineering Controls of Occupational Noise, ASSE said OSHA was correct in attempting to ensure that employers are appropriately recognizing the hierarchy of controls in minimizing noise risks. ASSE did not believe, however, that OSHA staff were prepared to make economic feasibility determinations that would be required. To assure stakeholders and learn more about making such determinations, ASSE suggested OSHA conduct an NEP to gather employer, inspector and SH&E professional views of specific situations. Incorporating efforts of OSHA’s cooperative programs and NIOSH in Prevention through Design was also urged. In this interpreation, “OSHA…propose(d) to consider administrative or engineering controls economically feasible if they will not threaten the employer’s ability to remain in business or if the threat to viability results from the employer’s having failed to keep up with industry safety and health standards.”
Dominating the occupational safety and health debate in Washington, DC, in 2011 will be Congressional appropriations for OSHA, NIOSH, CSB and MSHA. Below are the current proposals. On the left are provisions contained in a bill passed by the House on February 19 that would continue funding for FY 2011. Funding now is based on a Continuing Resolution that ends March 4, and the Republican House and Democrat Senate are in a standoff that could result in government shut down if not resolved by that day. On the right are the provisions of the Obama Administration’s budget request for FY 2012. Resolution of FY 2011 will have to come first.
OSHA
| FY 2011 House Republican CR (HR 1). Current CR ends March 4. |
FY 12 Obama Proposal |
| Overall budget: Proposes reduction in OSHA budget of $99 million from FY 10 $558.6 million budget, a 17.7% decrease to FY 2004 level ($558 mil to $459 mil). As a result, commentators say, a RIF of 415 FTEs will result, including 200 inspectors and 17 whistleblower investigators. Rep. George Miller (D-CA) says this will mean 8,000 fewer inspections and elimination of OSHA’s website. RIF cannot happen all at once, forcing OSHA staff to take 3-month furloughs. Standards in the pipeline such as silica, falls, and combustible dust would be delayed indefinitely. |
Overall budget: $583.4 million OSHA budget proposed, a $24.8 million increase over FY 10. |
| Safety and Health Standards: Proposes cut of $3 million from standard-setting directorate. |
Safety and Health Standards: OSHA requested an increase of $6.4 million over FY 2010, including $4 million for enhancing the agency’s contract support for regulatory activities. It also includes $2.4 million for development of the new Illness and Injury Prevention Program (I2P2). |
| Federal Enforcement: Proposes $41.3 million reduction for enforcement. |
Federal Enforcement: Enforcement increased 5.8%, from $224 million to $237 million. 25 new inspectors to be hired, with 2,000 site-specific targeting inspections of sites with 20 or more employees that have high injury rates compared to 1,780 in FY 2010. |
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Whistleblower Programs: $21 million allocated for whistleblower function, which is $5.99 million over FY 10. Function would be separated from enforcement program. 45 whistleblower investigators to be hired. |
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Federal Compliance Assistance: $74 million proposed for compliance assistance, $4 million more than FY 11 proposal and $650,000 over FY 10, with 2 additional FTEs. VPP will be funded. Included is $1 million inflation adjustment for on-site consultation program, adding 500 visits. |
| State Programs: Cuts $14.9 million, or 15%, from state programs. Commentators say Cal OSHA will take the largest reduction and some state plans may have to be eliminated, forcing federal OSHA to take over and further stretching budget and staff. |
State Programs: $106 million proposed for state programs, a 1.9% increase over FY 10 which represents $1.5 million for inflation adjustment. State Compliance Assistance: $56 million proposed for state consultation grants, a 1.8% increase representing inflation adjustment. |
| Safety and Health Statistics: Cuts $34.9 million from safety and health statistics program. |
Safety and Health Statistics: $34.9 million proposed for safety and health statistics, equaling FY 10. |
| Technical Support: Cuts $4.2 million from technical support group. |
Technical Support: $26 million proposed for technical support, an increase of $30,000 over FY 10. |
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Training Grants: An increase of $1.25 million requested over FY 2010. |
| Executive Direction and Administration: $0.7 million reduction. |
Executive Direction and Administration: Same request as FY 2010, $11.5 million. |
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OSHRC: $12.8 million for the OSHRC, an increase over FY 10 level of $11.7 million. |
NIOSH
| FY 2011 House Republican CR (HR 1). Current CR ends March 4. |
FY 2012 Obama Proposal |
| Continuing Resolution (HR 1) cuts $850 million from CDC, with NIOSH not specified. |
Overall budget: FY 2012 request of $315,292,000, a decrease of $115 million, nearly 27% from FY 10, reflecting the elimination of funding for the Education and Research Centers program, the Agricultural, Forestry and Fishing sector of NORA, and the elimination of the World Trade Center discretionary budget due to the passage of the 9/11 Health and Compensation Act. |
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NORA: Request is almost $16 million below FY 2010, at $101,528,000. |
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ERCs : ERCs eliminated, saving $25 million, saying program has met its goal. |
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NORA agricultural, forestry, and fishing: Program cut for a savings of $23 million. |
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Mine safety research: $53.1 million for mine safety research, same as FY 10. |
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Nanotechnology: $16.5 million for nanotechnology research, which is more than $7 million over FY 10. |
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PPE: PPE technology program funding remains at FY 10 level of $16.8 million. |
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WTC Program: Cut $70 million in discretionary funding for WTC Program following passage of 9/11 Health and Compensation Act to fund the program. |
CSB
| FY 2011 House Republican CR (HR 1). Current CR ends March 4. |
FY 20112 Obama Proposal |
| $10.25 million, a $300,000 cut. |
$11.1 million, up from $10.55 million in FY 10.(CSB FY 11 request is $12.71, including opening new office in Houston and Deepwater Horizon investigation funding.) |
MSHA
| FY 2011 House Republican CR (HR 1). Current CR ends March 4. |
FY 2012 Obama Proposal |
| Overall budget: Funding kept at FY 2010 levels of $355 million. |
Overall budget: Proposed $26.98 million increase over FY 10, with $2.1 million for the Coal Mine Safety and Health for purchasing Continuous Personal Dust Monitors that provide real time respirable dust concentration exposure data to both MSHA and the coal miner. |
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Metal/Non-Metal: $950,000 and 6 FTE to hire “health specialists” to help ensure operators provide adequate protection to miners from exposure to hazardous contaminants.” $2.3 million and 21 FTE to “bolster enforcement and litigation staff.” |
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Office of Standards, Regulations, and Variances: Increase of $2.1 million. |
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Office of Assessments: Increase of $355,000 and 2 FTEs. |
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Educational Policy and Development: Reduction of $2.3 million and 21 FTE. |
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Technical Support: Increase of $850,000. |
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Program Evaluation and Information Resources: $2.0 million request to “provide for re-engineering of the health samples database.” An additional $450,000 request “to upgrade mine emergency operations capabilities.” $1 million to “increase the functionality of the data system that collects and tracks information on mine accidents, injuries, and employment.” |
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Program Administration: $3.26 million reduction. |
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District 4 split: $634,000 proposed for costs of splitting District 4 into two districts. |
| Backlog: MSHA allowed to transfer $15 million to Solicitor’s office to assist with backlog reduction program. Without additional funds MSHA will have to lay off staff recently hired to work on backlog. |
Backlog: $15 million in flexible funding for Solicitor’s office for backlog reduction program. |
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FMSHRC: $3.3 million increase proposed, with 15 FTE, and an additional $15 million for Program Administration. |
Sources
President Obama’s 2012 budget request for the Department of Labor can be found at http://www.whitehouse.gov/sites/default/files/omb/budget/fy2012/assets/labor.pdf
President Obama’s 2012 budget request for the Department of Health and Human Services, where NIOSH is located under the Centers for Disease Control, can be found at http://www.whitehouse.gov/sites/default/files/omb/budget/fy2012/assets/health.pdf
Explanations of NIOSH cuts can be found in the document “Terminations, Reductions and Savings” at http://www.whitehouse.gov/sites/default/files/omb/budget/fy2012/assets/trs.pdf
The text of the Republican continuing resolution (H.R. 1) is available at http://thomas.loc.gov/cgi-bin/query/C?c112:./temp/~c112YQYWJH
The Department of Health and Human Service’s explanation of proposed cuts to NIOSH can be found at http://www.hhs.gov/about/FY2012budget/fy2012bib.pdf
CSB’s budget justification can be found at http://www.csb.gov/assets/news/document/2012_Budget_Request_FINAL.pdf
In a joint letter to Rep. John Kline, Chairman of the House Committee on Education and the Workforce, ASSE and AIHA joined together to call for a GAO study to determine the best location for the National Institute for Occupational Safety and Health (NIOSH) in the federal government. NIOSH is now part of the Centers for Disease Control (CDC) under the Department of Health and Human Services (HHS). As pointed out in the letter, ASSE and AIHA are concerned that, as a part of CDC, it is difficult for NIOSH to fulfill its mission as the only resource for federal research and education in occupational safety and health.
Secretary of labor to host live Web chat on department’s fiscal year 2012 budget request Feb. 14
WASHINGTON – Secretary of Labor Hilda L. Solis and assistant secretaries from U.S. Department of Labor agencies will host a live Web chat to discuss the department’s fiscal year 2012 budget request on Monday,
Feb. 14, at 1:30 p.m. EST.
WHO: Secretary of Labor Hilda L. Solis and assistant secretaries of Labor Department agencies
WHAT: Web chat on Labor Department’s fiscal year 2012 budget request
WHEN: Monday, Feb. 14, 1:30 – 3:30 p.m. EST
WHERE: To participate in the Web chat, visit http://www.dol.gov/budget at the scheduled time.
