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ASSE is committed to ensuring that any decision by federal or state government impacting the safety, health and environment of workplaces is based on good science and sound technology. The Society proactively works with legislators and regulators to enhance safety, health and environmental (SH&E) professional qualifications, safety and health program criteria, technical standard and other areas of hazard recognition and control impacting the SH&E profession.
ASSE provided NIOSH with a comment to its draft CIB, Asbestos Fibers and Other Elongated Mineral Particles: State of the Science and Roadmap for Research (June 2008), available at http://www.cdc.gov/niosh/review/public/099-A/default.html . ASSE expressed concern that the draft strayed from NIOSH’s previously stated goal of developing a unified theory of elongated particle toxicity between currently known and newly identified mineral fibers; synthetic vitreous fibers; and nanofibers. Earlier this year, ASSE provided its views on the NIOSH’s February 2007 draft Roadmap. ASSE’s comments supporting that draft can be found in the NIOSH docket at http://www.cdc.gov/niosh/docket/pdfs/NIOSH-099/0099-053107-jones_sub.pdf .
ASSE submitted a comment to the Department of Labor on rulemaking requiring OSHA and MSHA, when developing a health standard, to add a new step to the rulemaking process by publishing an ANPRM seeking relevant scientific information, to evaluate the information received, and to post electronically that information. ASSE supports this proposal because it provides an additional opportunity for the regulated community to review and, if necessary, object to an exposure requirement that employers and SH&E professionals who they hire have responsibility for managing.
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ASSE submitted a comment on OSHA's Proposed Rule clarifying that noncompliance with its personal protective equipment (PPE) and training requirements in safety and health standards may expose an employer to "per-employee" penalties. ASSE urged that the decision to apply "per employee" violations take into consideration an employer's overall commitment to occupational safety and health to avoid penalties out of proportion to what can often be technical or misunderstandings in using PPE.
The American Society of Safety Engineers (ASSE) today released a study which looked at the current perception of the value of safety professionals in the workplace and how safety professionals can better meet the needs and expectations of employers. Conducted under the leadership of ASSE’s Council on Professional Affairs, the study consisted of face-to-face interviews with 70 senior business managers who hire, manage or work with safety professionals and a comprehensive survey of 2370 safety professionals. The study’s goals were to measure the perceived value of the safety function; to identify safety professionals’ strengths and weaknesses; to identify the relative importance of professional credentials/designations and business skills to other characteristics when hiring; to investigate barriers within companies impacting the effectiveness of individuals performing the safety function; and to gain insight into the nature of the workplace relationship between safety professionals and senior level management.
You can view the powerpoint presentation of the study results, as well as the article from Professional Safety summarizing the study's findings by selecting the links below.
PowerPoint Presentation | Professional Safety Article
On August 29, Carolyn Merritt, former Chair of the US Chemical Safety and Hazard Investigation Board passed away. ASSE President Warren Brown honored Ms. Merritt's achievements in a letter of sympathy to her family. More information and the current CSB Chair John Bresland's statement on Ms. Merritt's great success in leading CSB can be found at this link.
ASSE submitted a statement for the record of the July 29, 2008, Senate Subcommittee on Employment and Workplace Safety hearing “Dangerous Dust – Is OSHA doing enough to protect workers?” Congressional interest in the issue arose this year following the the February 2008 combustible dust explosion at the Imperial Sugar refinery in Port Wentworth, Georgia, that killed 13 workers and injured 40. ASSE's statement urges caution in moving ahead to address hazardous dust risks legislatively without developing a deeper understanding of current OSHA standards, their enforcement by OSHA, and the approach taken through national consensus standards.
ASSE agrees with the approach taken in a bill passed by the House seeking an OSHA standard no less effective than the NFPA 654 voluntary consensus standard but also urges inclusion of measures to address OSHA's inadequate inspection resources and inspector training on dust issues, help for employers to deal with 17 different OSHA standards related to hazardous dust, inclusion of related NFPA standards, and extending the deadline for an OSHA standard from 18 months to 24 months.
In a letter to ASSE through its Florida lobbyist, Keyna Cory, Florida Governor Charlie Crist commended ASSE for "having the foresight to bring this issue to the attention of the Legislature. Please be assured that the safety of Florida's public workers was considered in my decision to sign the bill." Governor Crist signed a bill into law on June 10 creating the State Public Task Force on Workplace Safety to develop findings and issue recommendations on innovative ways the state may effectively ensure that all departments and agencies and all county and municipal governments comply with specified standards of the federal Occupational Safety and Health Act, with the exception of standards pertaining to firefighters and fire departments.
This Tuesday July 22, ASSE’s Chair of the Standards Development Committee, Gary Lopez, testified at a public hearing on OSHA's proposed rule for Confined Spaces in Construction at the US Department of Labor. Mr. Lopez represented the interests of ASSE's 32,000 member safety, health, and environmental (SH&E) professionals by testifying that the proposed rule is unduly complicated, introduces unnecessarily new terminology and requirements that are complicated and burdensome, and fails to recognize current safety practices that are widely understood and have proven successful in practice both in general industry and in construction. Mr. Lopez highlighted the inconsistency between the proposed rule and the ANSI Z117.1-2003 voluntary consensus standard that is widely adopted throughout both general industry and construction among safety and health professionals managing confined space hazards in all kinds of workplaces across the country.
In a letter to NIOSH Acting Director Christine Branche, ASSE commended NIOSH for its comprehensive review and analysis of the control banding issue, Qualitative Risk Characterization and Management of Occupational Hazards (Control Banding [CB]): A Literature Review and Critical Analysis. The draft document can be found at The draft document is posted at http://www.cdc.gov/niosh/review/public/138/. ASSE’s own Position Statement on Control Banding and the Future of the HazCom Standard can be found at http://www.asse.org/professionalaffairs/govtaffairs/ControlBandingFINAL0406.php.
ASSE was honored to host presentations delivered by OSHA officials during three concurrent sessions at the Safety 2008 PDC. These presentations highlighted several areas of interest for SH&E professionals including topics in OSHA citation and enforcement, an overview of the Directorate of Science, Technology, and Medicine initiatives, and an update on OSHA standards and guidance. If you were unable to attend the session, or if you'd like to have a copy of these powerpoint presentations, you can find them below.
Edwin Foulke Jr., Assistant Secretary of Labor for Occupational Safety and Health and John Howard, Director of NIOSH speak at the Safety 2008 General Session at the PDC on June 10.
During the May GAC meeting in Washington DC, the committee visited the following:
Photos of the event:
ASSE’s Wisconsin Chapter has joined in the effort to toughen Wisconsin’s drunk driving laws in a letter (link to attached) to Wisconsin legislators and as reflected in an ASSE press release (link to attached). ASSE members are calling for (1) making a second conviction for impaired driving criminal offense punishable with mandatory jail time; (2) making a third offense a instead of the current fifth offense; and (3) requiring repeat and first-time offenders with extraordinarily high blood alcohol content (.16 or higher) to install ignition interlock devices (IIDs) in all vehicles registered in their names.
In letters to Senator Tom Harkin and Representative David Obey, who chair the Senate and House Appropriations Subcommittees for Labor, HHS, Education and Related Agencies, ASSE argues for more FY 2009 funding for OSHA, MSHA and NIOSH than that proposed in the Bush Administration's budget so these federal safety and health agencies can carry out their mandate to protect workers.
The Occupational Safety and Health Administration (OSHA) and the American Society of Safety Engineers (ASSE) recognize the value of continuing a collaborative relationship to foster safer and more healthful American workplaces. OSHA and ASSE hereby renew the Alliance agreement signed on December 4, 2002 and renewed June 8, 2004 and June 12, 2006. Through the Alliance, OSHA and ASSE will continue to provide ASSE’s members and others, including small businesses, with information, guidance, and access to training resources that will help them protect employees’ health and safety, including non-English or limited English speaking and youth workers. In particular, the Alliance will focus on addressing ergonomic and motor vehicle safety issues and promoting the annual North American Occupational Safety and Health (NAOSH) Week. In renewing this Alliance, OSHA and ASSE recognize that OSHA’s State Plan and On-site Consultation Project partners are an integral part of the OSHA national effort.
ASSE has learned that John Howard, the creative force behind NIOSH's emergence as a vibrant leader of the occupational safety and health community, is apparently set to end July 15. Apparently, a decision has been made within CDC not to reappoint Dr. Howard and no permanent director will be named. ASSE has sent a letter to President Bush stating Dr. Howard's value to ASSE members and urging his reappointment. We are working to see that Depatment of Health and Human Services Secretary Michael O. Leavitt reverses this decision.
ASSE and its members in Florida this year have been instrumental in having bills introduced in the Florida Senate (SB 652) and House (HB 967) that would establish a task force to determine how best Florida can provide occupational safety and health (OSH) coverage to its public sector workers. ASSE has expressed its appreciation in letters to sponsors of the bills, Senator Evelyn J. Lynn and Representative Audrey Gibson. On SB 652 passed unanimously the Senate Committee on Government Operations on March 27.
Across the country, about 8.1 million state and municipal workers do not have OSH coverage meeting federal standards. This has long been one of top government affairs for ASSE. Much of the impetus for this effort came out of a 2006 explosion at a Daytona Beach municipal water treatment plant where two workers without basic safety training were killed in an explosion. The US Chemical Safety and Hazard Investigation Board (CSB) investigated the tragedy and found that a contributing factor was Florida's failure to require OSH coverage for workers in the state. CSB's report can be found here.
ASSE has joined in filing an amici curiae brief urging the U.S. Tenth Circuit Court of Appeals to affirm a 2007 U.S. Court for the Northern District of Oklahoma ruling that found two so-called “forced entry laws” in Oklahoma unconstitutional. The Oklahoma laws sought to prevent employers from setting workplace safety rules barring guns to be brought on employer property in a locked vehicle. ConocoPhillips and other employers filed suit against the state to protect their right to make their own safety decisions. The federal district court found in favor of the employers, holding that Oklahoma’s “forced entry laws” conflicted with the general duty clause of the Occupational Safety and Health Act of 1970. Since federal law preempts state law, the OSH Act preempted the Oklahoma laws. As ASSE's current president said in ASSE's press release, “We are pleased today to be able to support employers’ most fundamental right, which is to determine how best to run their businesses and keep their employees and property safe. Employers hire our member safety, health and environmental (SH&E) professionals to determine just how best to protect workers. Whether, in their best judgment, protecting workers and property means keeping guns out of parking lots or not, that decision must be made by an employer and an SH&E professional. Those sometimes difficult decisions cannot be made by a state governor or legislature substituting political decisions for professional judgment about how best to protect workers under duties employers have under the OSH Act’s general duty clause.”
ASSE submitted comments on OSHA’s proposed rule, Confined Spaces in Construction. The comments are based on the views of members of ASSE's practice specialties and members of the ANSI Z117 Accredited Standards Committee, for which ASSE is the Secretariat. As stated in the comments, ASSE’s overall view is that the proposed rule "is unduly complicated, introduces unnecessarily new terminology and requirements that are complicated and burdensome, and fails to recognize current safety practices that are widely understood and have proven successful in practice both in general industry and in construction."
Backing a letter sent by its Metropolitan Chapter in New York City opposing legislation there to require registration of environmental, health and radiological monitors, ASSE sent a letter to New York State's United States Senators Schumer and Clinton bringing attention to the possibility that the Department of Homeland Security may be involved in pursuing such legislation. If so, DHS should reach out to NIOSH for available resources to help appropriately focus this effort to fixed monitoring devices for detecting terrorism incidents, the apparent intent of the law.
ASSE supported the nominations of two members for appointment to the Federal Advisory Committee on Occupational Safety and Health (FACOSH) – Stephen Wallace and Phil Goldsmith -- and James Thornton to the Maritime Advisory Committee on Occupational Safety and Health (MACOSH). As is the case with any ASSE position statements on government and public affairs issues, ASSE’s support for such nominations is approved through a process by members of ASSE’s Government Affairs Committee, the Council on Professional Affairs and the Executive Committee of the Board of Directors. Typically, the requests for support come at the suggestion of candidates’ colleagues or the candidates themselves.
As a result of its Alliance with OSHA, ASSE members provided valuable input into the development of a new OSHA Safety Alert: Electrocution and Shock Hazards in Shipyard Employment, another Alliance Program Participants Developed Product. ASSE members Ron Allen, Alan Davis, Ernie Harper, Tim Healey, and Jim Thornton joined with members of AIHA, ASA NSRP and SCA to develop the document together. Thanks to these members for sharing their expertise and experience in developing this alert. This and other Alliance Program Participants Developed Products can be found at http://www.osha.gov/dcsp/alliances/alliance_products.html.
ASSE's Great Plains Chapter in Nebraska, under the leadership of Chapter President Doris Burns, has hand-delivered a letter supporting legislation to put into place in Nebraska primary enforcement of seat belt usage. ASSE commends Doris for providing this leadership in state government affairs.
With the leadership of Chapter President Stephanie Altis-Gurnari, CSP, ASSE's Metropolitan Chapter in New York City has urged Mayor Bloomberg to work with ASSE and others to determine how best to regulate the possession and usage of atmospheric biological, chemical and radiological detectors. The bill was proposed to protect the public interests and perceptions regarding these devices in the wake of the terrorist attacks in New York, Washington, DC and Pennsylvania. However, ASSE members are concerned that the proposed legislation is too broad and would impact the day-to-day practice of SH&E professionals inappropriately. News reports have indicated New York may be seeking this legislation at the request of the Department of Homeland Security. The concern is that any legislation enacted along these lines in NYC will become the model for other cities and states throughout the US.
In a January 14 comment, ASSE has urged OSHA to withdraw its December 14, 2007, Direct. Final Rule Updating OSHA Consensus Standards Based on National
Consensus Standards. The proposed amendments aim to eliminate “outdated consensus standards that have requirements that duplicate, or are comparable to,
the requirements specified by other OSHA rules.” This includes a specific reference to the ANSI/ASSE A10.3 standard. ASSE is concerned that this rulemaking
goes beyond the stated purpose and fails to meet the Congressional mandate that federal agencies reference voluntary consensus standards. As such, the
amendments are inappropriate and, if adopted, would significantly impact the standards’ effectiveness in protecting workers from occupational safety and health risks. In it’s comment, ASSE also recognizes the statement of the Powder Actuated Tool Manufacturers' Institute (PATMI) backing ASSE’s objection to eliminating the A10.3 reference.
On January 16, the U.S. House of Representatives passed the Supplemental Mine Improvement and New Emergency Response Act of 2007 (S-MINER). S-MINER seeks to add to the mine safety provisions of the MINER Act that Congress passed into law last year, the only significant occupational safety and health bill that has been made into law in recent years. ASSE commented on the bill when it was introduced. Although a similar bill in the Senate introduced by Senator Edward Kennedy (D-MA) may not be heard until the summer, according to the trade press, the White House issued a veto threat, availalbe at http://www.whitehouse.gov/omb/legislative/sap/110-2/saphr2768-r.pdf .
Key issues addressed in S-MINER are:
The bill number for the S-MINER Act is H.R. 2768 and can be found at http://thomas.loc.gov
In a letter to the Chairman David Obey of House Appropriations Committee, ASSE opposes possible amendment to prohibit OSHA from enforcing annual respirator fit testing for TB. 7/17/07 Letter (Word Doc) - Possible Amendment (PDF)
ASSE urged Congress to give OSH coverage to all public sector workers in testimony May 24th before the House Subcommittee on Workforce Protections in Washington, DC. Testifying for ASSE was Jon Turnipseed, ASSE Gov't Affairs Committee member and a municipal employee from San Bernardino, California. Click here for a copy of the testimony. Watch a You Tube video of the entire hearing at the (need to reword link) visit the House Subcommittee website for the hearing.
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| Jon Turnipseed with Representative Lynn Woolsey, Chair of the Subcommittee on Workforce Protections. | Jon Turnipseed at the witness table before the Subcommittee. |
| Tom Cecich at the witness table with co-witness Konnie Compagna, RN. | Tom Cecich with Senator Patty Murray, Chair of the Subcommittee on Employment and Workforce Safety. |
On April 26, Tom Cecich, Chair of ASSE’s Government Affairs Committee, represented ASSE before the Senate HELP Committee’s Subcommittee on Employment and Workplace Safety in a hearing that asked, “Is OSHA Working for Working People." ASSE supported OSHA’s cooperative programs, including alliances and VPP, as valuable in a full range of tools OSHA needs to advance safety, in the same way SH&E professionals use different tools in the workplace. ASSE also said that OSHA needed to improve in other areas, such as standards, to keep pace with changes in workplaces and the global economy. The entire hearing can be found at the Senate Hearing Information Page and ASSE’s fully testimony submitted for the record at Copy of ASSE's Testimony (MS Word).
John Mrozczyk has been leading ASSE's involvement with OSHA's Design for Safety Workgroup, a signficant part of ASSE's Alliance with OSHA. Click here for a free 2-4 hour course developed by the Workgroup with John's leadership. Your interest in this issue can help put safety at the beginning of the Design process. Click here for more information.
ASSE has encourage members to volunteer for NIOSH’s effort to build a network of involvement in its NORA Research Councils, a project to foster in setting NIOSH research priorities. If you have questions, NIOSH has updated its webpage giving the status of the NORA Research Councils at http://www.cdc.gov/niosh/nora/. The project is long-term and they are still looking to involve corresponding members in each research council. It’s not to late to volunteer!
In a letter to Assistant Secretary Ed Foulke, ASSE urged OSHA participation on the ANSI Standard Committee for Z15, "Safe Practices for Motor Vehicle Fleet Operations."
A digest of the flow of government affairs information sent to interested members and others, including latest in ASSE activities, federal regulations. Sign up here if you would like to receive these updates directly.
ASSE's thoughts on a variety of standing public policy issues.