Government & Professional Affairs

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 Leads Effort to Give OSH Coverage to Florida's Public Sector Workers

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 Urges Federal Court to Protect Employer Right to Determine Workplace Safety

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 Submits Comments on OSHA Confined Space Rulemaking

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."

ASSE Urges Fairness for SH&E Professionals in NY City
Environment/Health Monitor Rules

In an email to the New York Police Department, ASSE urged fairness in proposed New York City rules to regulate environmental, health and radiological monitors that only Certified Industrial Hygienists from the impact of the rules, creating an unfair advantage among safety, health and environmental professionals who use such devices.

ASSE Warns NY Senators about NY City Law Impacting Environment/Health Monitors

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 Backs Members for FACOSH and MACOSH

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.

ASSE Members Share Expertise in Development of OSHA Shipyard Electric Safety Alert

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 Great Plains Chapter Supports Primary Seat Belt Enforcement in Nebraska

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.

ASSE Metropolitan Chapter Opposes Sweeping Regulation of Biological, Chemical and Radiological Detectors in New York City

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.

ASSE Says OSHA Direct Final Rule Updating Consensus Standards Must Be Withdrawn

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.

House Passes S-MINER; White House Promises Veto

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:

  • Retreat mining following the recent Crandall Canyon mine deaths that occurred during retreat mining
  • The adoption of permissible exposure limits (PELs) based on NIOSH relative exposure limits (RELs) unless "credible evidence that feasibility may be an issue for the industry as a whole” that the mining industry and others oppose and ASSE questions, preferring that a negotiated rulemaking approach be put in place that would give all stakeholders a chance to weigh in on setting PELs;
  • The adoption of OSHA’s standard for asbestos at 29 C.F.R. 1910.1001; and
  • Various recommendations from the National Academy of Sciences and NIOSH on ground improving control of ground control hazards, including barrier reduction and pillar extraction, and improving miner protections below 1,000 feet.

The bill number for the S-MINER Act is H.R. 2768 and can be found at http://thomas.loc.gov

ASSE Supports Annual Fit Testing for TB

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 Testifies in Congress - Give OSH Coverage to All Public Sector Workers

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.

Jon Turnipseed with Representative Lynn Woolsey, Chair of the Subcommittee on Workforce Protections. Jon Turnipseed at the witness table before the Subcommittee.

 

ASSE Testifies in Congress - Is OSHA Working for Working People?

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).

OSHA Alliance Program Construction Roundtable's Design for Safety Workgroup

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.

NIOSH’s NORA Research Councils

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!

Latest Federal Communications

  • ASSE Warns NY Senators about NY City Law Impacting Environment/Health Monitors
    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 Cllinton 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 Backs Members for FACOSH and MACOSH (2/25/08)
    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.

  • ASSE Urges Withdrawal of OSHA Direct Final Rule to Update OSHA Standards Based on
    National Consensus Standards     (1/14/08)
  • ASSE Testifies at OSHA PPE Public Hearing and OSHA Publishes PPE Direct Final Rule (12/4/07)
    ASSE’s Federal Representative, Adele Abarms, Esq., testified for ASSE at OSHA’s December 4 public hearing on proposed rulemaking to update its PPE standard based on national consensus standards. OSHA's May 17, 2007, Notice of Proposed Rulemaking on Updating OSHA Standards Based on National Consensus Standards; Personal Protective Equipment can be found by clicking here.
  • ASSE Comments on CDC Draft Plan for NIOSH (11/30/07)
    ASSE provided detailed comments on a CDC draft of its Action Plan for Healthy Workplaces. ASSE commended CDC for recognizing the framework of the National Occupational Research Agenda (NORA) to structure the goals for NIOSH in the plan but made various suggestions in how to better focus NIOSH's efforts on the need for research and training funding in safety to meet employers' needs for research in advancing safety and appropriately trained safety professionals.
  • ASSE Urges OSHA Participation on Z15 Committee (9/21/07)

    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."

  • ASSE Comments on Major Mining Legislation Before Congress (9/19/07)
    ASSE has commented on the two key mine safety bills now under consideration in the US House of Representatives.  Mark up of the bills by the House Committee on Labor and Education is excepted in October.  The bills seek to build on safety provisions of the MINER Act passed by Congress last year.  The comments were developed by the Government Affairs Committee based on the insight of leaders in ASSE's Mine Practice Specialty.  While ASSE takes positions on a variety of specific issues aimed to improve mine safety, rescue and emergency response, it also suggests that, based on the risks that have come to light in recent mine tragedies, the time has come for an overall safety analysis of the mine industry to identify the most dangers risks so the focus of mine owners, the resources of MSHA and NIOSH and Congressional efforts can be targeted to the most dangerous risks first.

              • Side-by-Side Comparison of the Mine Safety Bills (doc)
  • ASSE Supports CSB in Appropriations (9/13/07)
    ASSE sent letters to Senate appropriations leaders in support of higher FY '08 appropriations amounts for the US Chemical Safety and Hazard Recognition Board (CSB). A similar letter was sent to Representative Norman D. Dicks, Chairman, and Representative Todd Tiahrt, Ranking Member, of the House Appropriations Subcommittee on Interior, Environment and Related Agencies.
  • Previous Federal Communications...

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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.

Policy Position Statements

ASSE's thoughts on a variety of standing public policy issues.

  • Control Banding and the Future of the HazCom Standard -- June 2005 (doc version)
  • ASSE Government Affairs Representation of SH&E Professionals (doc version)

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