American Society of Safety Engineers - Professional Affairs

Mission Statement

ASSE is committed to ensuring that any decision by federal or state government impacting the safety, health and environment of the workplace 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 standards and other areas of hazard recognition and control that impact the SH&E profession.

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Current Initiatives

ASSE Urges Better Use of Consensus Standards in OSHA Slips and Falls/PPE Rulemaking

In an August 19 comment to OSHA on its proposed Walking-Working Surfaces and Personal Protective Equipment rulemaking, ASSE urged the agency to utilize more thoroughly existing voluntary consensus standards as it develops the new rule.

ASSE said both the process and end users would be better served if standards such as ANSI/ASSE Z359 Fall Arrest Code as well as the ANSI/ASSE A1264.1-2007 Safety Requirements for Workplace Walking/Working Surfaces and Their Access; Workplace Floor, Wall and Roof Openings; and Stairs and Guardrails Systems standards were utilized in developing the OSHA rule.

ASSE Opposes Sanitarian Bill in Michigan

ASSE members in Michigan are working to make sure a bill that would license sanitarians in Michigan does not keep them from practicing as safety, health and environmental professionals in that state. The bill, perhaps unintentionally, would require anyone doing occupational safety and health and most environmental work to be a sanitarian. Letters to the House sponsor of HB 6205 and Senate sponsors of SB 1407 have been sent by ASSE. Michigan members also have been contacting their state representatives about the bill, as an ASSE GA email blast encouraged them to do. Most importantly, on August 28, Steve Monet, Pat Fisher and Drake Drobnick took the time to meet with the key House staffer at the capitol in Lansing who told them similar opposition is coming from other sectors, including business and state agencies. The sponsor now recognizes the bill’s unanticipated consequences and is taking steps to draft a new bill limited to sanitarians’ public health scope of practice, which will be shared with ASSE and other stakeholders for comment.

ASSE Nominates Roberta Nelson Shea to NACOSH

ASSE nominated Roberta Nelson Shea to OSHA’s National Advisory Committee on Occupational Safety and Health. As ASSE’s nominating letter to Assistant Secretary for Labor David Michaels indicates, Ms. Nelson Shea has an active career as a safety, health and environmental (SH&E) professional, an expertise in safety technology, and is an organizational leader in for-profit entities as well as volunteer-led groups like ASSE and the American National Standards Institute (ANSI), among others.

Michaels States OSHA’s Goals - "OSHA at Forty"

On July 12, Assistant Secretary for OSHA David Michaels released a 12-page statement of purpose for OSHA in a letter entitled, "OSHA at Forty: New Challenges and New Directions."(link to attached) In the letter, he encourages comments be sent to him at PublicMichaelsDavid@dol.gov. At Safety 2010 in Baltimore, Dr. Michaels encouraged ASSE members to share their thoughts with him. This is a good opportunity to do so. The key areas Assistant Secretary Michaels addresses in the letter are:

Stronger Enforcement: Some Employers Need Incentives to Do the Right Thing
Ensure Workers Have a Voice
Refocus and Strengthen Our Compliance Assistance Programs
Change Workplace Culture: Employers Must “Find and Fix” Workplace Hazards
Develop Innovative Approaches to Addressing New (and Old) Hazards: Improve Inter-Agency Collaboration
Improve and Modernize Workplace Injury and Illness Tracking: Strengthen our Focus on Accurate Recordkeeping
Strengthen OSHA’s Use of Science
Strengthen State OSHA Plans
Conduct Our Work with Transparency, Openness, Integrity and Humility

ASSE Cannot Support OSH/Mine Reform Bill

ASSE has commented on a bill (HR 5663) introduced July 1, just before the July 4 holiday weekend that is being heard July 13 by the House Education and Labor Committee and possibly marked up soon after. The bill attaches key provisions of the Protecting America’s Workers Act (PAW Act; HR 2067) to Mine Act provisions in a bill. Consistent with a tradition of bipartisanship on OSH issues in the Senate, it was reported last week that Senate Health, Education, Labor and Pensions (HELP) Committee Chair Tom Harkin (D-IA) has decided to delay introduction of mine safety reform legislation until he can rally bipartisan support. See that report here. ASSE’s letter to Chairman George Miller (D-CA) of the Committee states:

ASSE is concerned that this rush to markup does not address a glaring failure of the OSH Act to provide more than 8 million public sector workers with the same minimal federal occupational safety and health protections that all other workers enjoy.
ASSE fears that some very positive contributions HR 5663 makes in OSH Act reform will be lost under the weight of opposition to Mine Act reforms that make strengthening oversight of US mines more difficult, in our members’ view.
After negotiations that saw previous concerns with the PAW Act whistleblower provisions addressed, ASSE supports sections on Enhanced Protections from Retaliation and Prohibition of Retaliation. However, ASSE cannot agree with establishing a whistleblower private right of action. ASSE supports giving victims the opportunity to appear before the Occupational Safety and Health Review Commission (OSHRC) but cannot support giving victims an opportunity to make a statement before the parties conducting settlement negotiations.
ASSE supports provisions allowing employers to file with OSHRC a motion to stay a period for the correction of a violation designated as serious, willful, or repeated, which addresses concerns ASSE had with similar PAW Act provisions.
ASSE does not oppose the increased levels of civil and criminal penalties proposed in this legislation if the new definition of employer under the criminal provisions is changed from “any officer or director” to “any responsible officer or director.” As it stands, though, this definition helps protect the large majority of ASSE members doing their job from being held accountable for others’ failure to address safety and health risks.
ASSE also supports changing “wilfull” to “knowing” to determine criminal intent under an OSH Act prosecution if it is made clear “knowing” reflects both a knowledge and awareness that the hazard, actions or conditions are likely to place another person in imminent danger of death or serious bodily injury; a knowledge and awareness that the hazard, actions, or conditions constitute a violation of a mandatory safety or health standard; and that the person had the ability to take action to address the hazard or condition and did not.
The Mine Act reform provisions are new to the debate. ASSE supports NIOSH’s increased involvement in investigating major mine accidents but argues for more funds for NIOSH to do so. Overall, ASSE does not support key provisions in the bill. ASSE is concerned that new subpoena powers are overbroad and discourage self-audits and recording of “near misses.” We oppose making all Mine Act violations presumptively significant and substantial. ASSE urges that it be made clear that criminal prosecution for knowing violations of MSHA standards should occur only for serious injuries or worse, or for false statements or falsified documents. We are concerned that the criminalization of retaliation against whistleblowers are harsher than for knowing violations of mandatory standards. We are also concerned that increasing penalties again comes soon after 2006 MINER Act provisions, which dramatically increased contested cases and a 17,000 FHSHRC backlog.

MSHA/OSHA Reform on Fast Track in Congress

Key provisions of the Protecting America’s Workers Act (HR 2067) introduced last year have been added to MSHA reform provisions in a bill that appears to be on a fast track, at least in the House. A discussion draft released by the Democratic majority on Tuesday, June 29, was introduced on Thursday, July 1, just before the July 4 holiday weekend by leadership of the House Education and Labor Committee. The bill, H.R. 5663, can be found here. A committee hearing on H.R. 5663 is scheduled for Tuesday, July 13. There is thought in DC that a full committee markup of the bill could take place as early as Thursday, July 15, and that the bill would move to the House floor for consideration by the end of July. Secretary of Labor Hilda Solis issued a press release last week fully supportive of H.R. 5663. However, consistent with a tradition of bipartisanship on OSH issues in the Senate, it was reported last week that Senate Health, Education, Labor and Pensions (HELP) Committee Chair Tom Harkin (D-IAO) has decided to delay introduction of mine safety reform legislation until he can rally bipartisan support. See that report here.

ASSE Comments on Administration’s OSHA and MSHA Budget Proposals – Urges Restoring VPP Funds

In a letter (docx) to the Chairmen of the Senate and House Appropriations Committees, ASSE stated its position on the Administration’s FY 2011 budgets for OSHA and MSHA. While generally supportive, ASSE voiced strong support for restoring funding for the Voluntary Protection Program eliminated in the proposal. “While ASSE understands this Administration’s purpose for a proposed $10 million dollar increase in enforcement activities and staff, it is disheartened that the money for this effort was taken directly from the funding for the VPP. Given what is at stake, ASSE recommends that Congress ensure that OSHA has the necessary full set of tools to improve fatality and illness/injury rates. Our members help employers achieve safer and healthier workplaces through a wide range of capabilities, including training, consultation, building relationships and enforcing tough workplace safety rules. In their work, focusing on one method at the expense of another never succeeds.” ASSE voiced a similar concern about the elimination of MSHA’s Small Mines Office (SMO), which provides compliance assistance to small mine operators.

ASSE Supports Enzi Efforts to Protect VPP –
Urges Involvement of Appropriate Competent Persons

ASSE sent a letter (docx) to US Senate HELP Committee Chair Michael B. Enzi supporting his budget amendment to restore FY 2011 funding for OSHA’s Voluntary Protection Program (VPP), which the Administration has proposed to cut entirely. ASSE also expressed support for Senator Enzi’s bill (SB 3257) (docx) to set VPP into law and expand the program to more small businesses. ASSE, though, also urged amendments to address who undertakes an employer’s effort to meet OSHA standards and other requirements under VPP, offering language that defines an appropriately competent person as one “who, through experience or training, is able to identify actual and potential hazards, understand safe work practices, and have demonstrated expertise in establishing and managing a safety and health program.” (5.19.10)

ASSE Nominates Thornton and Davis for MACOSH

In letters to OSHA, ASSE nominated for reappointment to OSHA’s Maritime Advisory Committee for Occupational Safety and Health (MACOSH) current Chair James Thornton, CSP, CIH, and member R. Allan Davis. Jim Thornton works in shipbuilding industry and Allan Davis in the fishing industry. (5.7.10)

ASSE Comments on Protecting America’s Workers Act

ASSE provided detailed comments (docx) on the key OSHA reform legislation, the Protecting America’s Workers Act (PAW Act) to Representative Lynn Woolsey (D-CA), Chairwoman of the House Subcommittee on Workforce Protections, who sponsored the bill. The comments are based both on the introduced version of the bill and proposed amendments to the bill circulated among key stakeholders. Whether a revised PAW Act will be reintroduced is unclear, though the recent Washington State refinery and West Virginia mine tragedies point to heightened attention to workplace safety issues by the Administration and Congress. Key to ASSE’s statement is the recognition of the important role that increased civil and criminal penalties can play in helping ensure employer commitment to worker safety and health if employers can rely on a more clear definition of “willful,” penalties are applied to those truly responsible for an organization’s safety culture and OSHA’s cooperative efforts to work with employers continues. In addition to the comment, a summary (docx) of ASSE’s position on each PAW Act provision, a side-by-side of ASSE’s comments with each provision, and HR 2067 are available.

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ASSE President Chris Patton Speaks for Members at OSHA Listens

ASSE President Chris Patton will share the ideas and perspectives of ASSE’s members in a presentation at OSHA Listens on Thursday, March 4. As Chris’ statement to OSHA states,

“…each idea reflects the hard-won experience gained by our members on the front lines helping manage the safety and health risks that threaten workers and keep companies from achieving the bottom line results they need to be competitive in today’s global marketplace.”

He is scheduled to speak at approximately 11:15 am (Eastern time). A webcast of the entire meeting can be accessed here. ASSE’s full statement that was submitted to OSHA was put together based on the direct suggestions of members interested and involved in ASSE’s ongoing government affairs activities together with some long-standing issues of importance to the Society. OSHA Listens was originally scheduled for February 10 but had to be postponed due to snow in Washington, DC.

ASSE Testifies at OSHA Public Hearing on Harmonizing Hazard Communication with GHS

On Friday, March 5, ASSE Professional Member Don Garman, CSP, will testify on behalf of ASSE at OSHA’s public hearing on its proposed rule to align the agency's Hazard Communication Standard (HCS) with the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The comments ASSE submitted in December 2009 for the rulemaking can be found here. Don will summarize ASSE’s comment in a 10-minute statement. OSHA’ press release on the hearings and a link to OSHA’s docket for the rulemaking is here. Don Garman chaired a task force of ASSE members expert in hazard communications. The other ASSE members of the task force were Chris Gates, Jonathan Klane, Mike O’Toole, Mark Shirley, Eric Stager and Jim Thornton. Don is a former member of ASSE’s Government Affairs Committee.

ASSE Joins Safety Groups in Urging Commitment to Safety in Jobs Bill

In a letter for Senator Richard Durbin (D-IL), ASSE joined with ISEA and AIHA in urging that jobs bill before Congress includes a commitment that any jobs created through the appropriations process be safe jobs. Information on the bill can be found here.

FY 11 Budget Season for Safety and Health Agencies Begin

Yesterday, the Department of Labor announced its Fiscal Year 2011 budget requests. A memorandum that highlights yesterday’s presentation by the Department of Labor and OSHA and MSHA, along with some information on the CSB and EPA, can be found here. In short, this Administration is requesting nearly $574 million for OSHA for FY 11, up from last year's nearly $559 million; more than $10 million more for enforcement to $233.45 million, with an additional 60 FTEs are proposed; nearly $106 million for state programs, up from $104.4 last year; $70.3 million for federal compliance assistance, down from $73.4 last year but $1 million more for state consultation to nearly $55.8 million. Standards gets an increase of $4.2 million to $233.5 million. The biggest news, however, is the intent to back away from OSHA’s commitment to VPP and look to stakeholders for ways to fund the program, as EH&S Today reported at http://ehstoday.com/standards/osha/dol-budget-request-osha-increase-focus-enforcement-2414/ --

“We think the Voluntary Protection Program is making a valuable contribution to workplace safety,” Solis said during the chat. “But we are facing some very difficult budget choices. We need to decide whether we will spend our limited resources on supporting those companies who really ‘get it,’ who are doing a great job at protecting their employees, or do we spend our scarce resources on companies that disregard workplace safety and allow workers to die in situations that could easily have been prevented.” Michaels stressed during the live chat that OSHA will work with stakeholders “to identify new or alternative funding sources” for VPP. “In the meantime, we will be shifting field inspection staff from VPP programs to enforcement activities because the need in that area is particularly great,” Michaels said. “We recognize that VPP companies do an excellent job; OSHA resources need to be focused on employers who don't understand the importance of protecting their workers, particularly small employers.”

Please keep in mind that these requests go to Congress, which holds the purse strings in our government. Given the recent change in party balance in the US Senate, the debates on the budget will be long and drawn-out and may not look like these requests in the end. The Department of Labor’s information on its request for OSHA and MSHA can be found at http://www.dol.gov/budget/, including a 96-page OSHA budget justification document at http://www.dol.gov/dol/budget/2011/PDF/CBJ-2011-V2-11.pdf and one for MSHA at http://www.dol.gov/dol/budget/2011/PDF/CBJ-2011-V2-12.pdf. HHS budget request info can be found at http://www.hhs.gov/asrt/ob/docbudget/index.html CSB’s budget justification is at http://www.csb.gov/assets/news/document/CSB_FY_2011_Final_Budget_Request.pdf. EPA’s budget request info is at http://www.epa.gov/budget.

ASSE Members - What Should ASSE Say at February 10th "OSHA Listens" Meeting?

On February 10, ASSE President Chris Patton is scheduled to represent ASSE at the OSHA Listens meeting at the Department of Labor where stakeholders have been invited to share their thoughts on issues facing OSHA, reflected in the questions below. More information on the meeting can be found here. ASSE is developing responses to these questions. We would appreciate hearing what ASSE members think ASSE should say in those responses. Responses are needed by February 2, which should be sent to dheidorn@asse.org. Please keep in mind that we cannot use every comment. ASSE members have wide ranging opinions on nearly every issue, so we will take the best ideas and do our best to develop a statement that reflects the overall interests of ASSE's members.

OSHA's questions:

1. What can the agency do to enhance and encourage the efforts of employers, workers and unions to identify and address workplace hazards?
2. What are the most important emerging or unaddressed health and safety issues in the workplace, and what can OSHA do to address these?
3. How can the agency improve its efforts to engage stakeholders in programs and initiatives?
4. What specific actions can the agency take to enhance the voice of workers in the workplace, particularly workers who are hard to reach, do not have ready access to information about hazards or their rights, or are afraid to exercise their rights?
5. Are there additional measures to improve the effectiveness of the agency's current compliance assistance efforts and the onsite consultation program, to ensure that small businesses have the information needed to provide safe workplaces?
6. Given the length and difficulty of the current OSHA rulemaking process, and given the need for new standards that will protect workers from unaddressed, inadequately addressed and emerging hazards, are there policies and procedures that will decrease the time to issue final standards so that OSHA may implement needed protections in a timely manner?
7. As we continue to progress through a new information age vastly different from the environment in which OSHA was created, what new mechanisms or tools can the agency use to more effectively reach high risk employees and employers with training, education and outreach? What is OSHA doing now that may no longer be necessary?
8. Are there indicators, other than worksite injuries and illness logs, that OSHA can use to enhance resource targeting?
9. In the late 1980s, OSHA and its stakeholders worked together to update the Permissible Exposure Limits (PELs) (exposure limits for hazardous substances; most adopted in 1971), but the effort was unsuccessful. Should updating the PELs be a priority for the agency? Are there suggestions for ways to update the PELs, or other ways to control workplace chemical exposures?

ASSE Urges US Senate OSH Leader to Support Public Sector Coverage in OSHA Reform

In a letter to Senator Johnny Isakson (R-GA), long a leader in occupational safety and health issues in the U.S. Senate, ASSE urged support for provisions in OSHA reform legislation that would provide federal-level safety and health protections for public sector workers. Under the Occupational Safety and Health Act, state and municipal workers in states without their own state OSH plans are not required to provide such protections. ASSE recently sent a similar letter to Representative Lynn Woolsey (D-CA), the sponsor of the Protecting America’s Worker Act (HR 2067), the key OSHA reform legislation, to urge her also to keep this provision in possible substitute legislation. Achieving OSH coverage for public sector workers has been a key ASSE government affairs goal since ASSE began a government affairs program. Information on ASSE and member efforts to advance public sector OSH coverage in Florida can be found here.

ASSE Comments on OSHA Combustible Dust ANPR

ASSE submitted comments on OSHA’s Advanced Notice of Proposed Rulemaking on Combustible Dust. The comments were developed by a Task Force of ASSE member experts in managing combustible dust including Walt Beattie as Chair, Jeff Camplin, Ernie Harper, Gabe Miehl, Bill Phillips, Bruce Rottner and Ken Wengert. The comment responds to OSHA with member views on NFPA standards, the scope of a new standard, the economic impact on small employers, and hazard mitigation. ASSE also testified at OSHA’s December 14 informal public hearing on combustible dust.

ASSE Supports OSHA Proposed Rule on GHS

ASSE submitted a comment on OSHA’s proposed rule to harmonize its Hazard Communication Standard with the UN Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The comment stated ASSE’s support for the goals of the proposed rule and responded to OSHA’s request for comments on various issues. ASSE’s comment is based on the recommendations of a GHS Task Force of ASSE members with expertise in hazard communications and GHS. Don Garman served as chair, and its members were Chris Gates, Jonathan Klane, Mike O’Toole, Mark Shirley, Eric Stager and Jim Thornton. An OSHA fact sheet on the rulemaking is here. The rulemaking can be found here.

ASSE Testifies at OSHA Public Hearing on Combustible Dust

At a Monday, December 14 OSHA public hearing on rulemaking to advance a new combustible dust standard, ASSE said it could support a new standard that is no less effective than the voluntary consensus standard NFPA 654: Standard on Prevention of Fire and Dust Explosions from the Manufacturing, Processing and Handling of Combustible Particulate Solids. ASSE Federal Representative Adele Abrams, Esq., represented the Society at the hearing. ASSE’s statement can be found here, and OSHA’s rulemaking notice here.

OSHA Publishes Semi-Annual Reg Agenda

OSHA issued its semi-annual Regulatory Agenda on December 7. Secretary Solis and Acting Assistant Secretary Barab also held a webinar announcing the agenda. OSHA’s Office of Outreach Services and Alliances provided OSHA’s Alliance partners with the following links to agenda resources:

Michaels Confirmed as Next Assistant Secretary of Labor for OSHA

Dr. David Michaels, the George Washington University public health professor was confirmed by the U.S. Senate late on Thursday, December 3, to be the next Assistant Secretary of the Department of Labor for the Occupational Safety and Health Administration. In response ASSE President Chris Patton, CSP, said,

"ASSE looks forward to working with Assistant Secretary Michaels. He brings unique capabilities and an outlook that seems willing to try new approaches to advancing occupational safety and health and an interest in reaching out to safety, health and environmental professionals, which ASSE's members appreciate. ASSE is pleased that the leadership team at OSHA is now in place so our members can understand the directions in OSHA will be moving."

ASSE Supports Approach to Standard in Health Care Ergonomics Legislation

ASSE in a letter to Representative John Conyers supported the general approach of a standard proposed in his legislation (HR 2381) requiring lifting equipment to protect direct care nurses and health care workers from ergonomic risks. ASSE said it supported this specific approach because it is the same approach to ergonomics its members used in protecting health care workers. But ASSE urged various changes to the bill to ensure the best patient care, including allowing manual lifting if needed, ensuring continuity of care when employees refuse assignment. ASSE also urged caution in including home health care without resolving issues of reimbursement and OSHA oversight of work in the home.

ASSE Urges Coverage of Public Sector Workers in OSHA Reform

In a letter (docx) to Representative Lynn Woolsey, sponsor of the Protecting America’s Workers Act (HR 2067), the key OSHA reform bill in Congress, ASSE urged inclusion of provisions to provide coverage to the more than 8 million state and municipal workers now without federal-level safety and health protections. Such coverage is required only in states with federally-approved state OSH plans.

NIOSH Asks Feedback on OSH Professional Study Design

ASSE encourages its members to respond to the NIOSH National Institute for Occupational Safety and Health request for comments on its design for research to determine whether there will be enough occupational safety and health professionals to help protect workers from the workplace hazards of the 21st Century. Among NIOSH’s goals is to find out if OSH professional skill-sets will match employers’ needs and demands. The last federal study to determine OSH professional supply was Safe Work in the 21st Century, published in 2000 by the Institute of Medicine. NIOSH invites public comment at http://edocket.access.gpo.gov/2009/E9-27334.htm

David Michaels Approved by Senate HELP Committee

This morning, the Senate Health, Education, Labor and Pensions Committee approved the nomination of David Michaels as the next Assistant Secretary of Labor for OSHA. Two Republicans voted against the nomination. There is no word yet on when a full Senate vote will come, though expectations are that he will be confirmed. ASSE sent a letter to the Committee looking forward to working with him and stating some common goals for OSHA.

ASSE Supports Safety Management System Requirement in FAA Rulemaking

In a comment (docx) on a Federal Aviation Administration (FAA) ANPR (doc) , ASSE stated its support for requiring certain suppliers to have Safety Management Systems (SMS) in place when doing business with the FAA. ASSE also urged that competent professionals be assured a role in establishing an SMS and urged reference to Z590 on the scope and functions of the professional safety position. ASSE also urged reference to voluntary standards concerning SMSs and risk assessment, including Z10, ISO/FDIS 31000, IEC/FDIS 31010 and, for construction, A10.33, A10.38, and A10.39-1996, among other comments.

OSHA Publishes Long-Awaited GHS Rulemaking

OSHA has published its long-awaited proposed rule to harmonize OSHA’s Hazard Communication Standard with the UN Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The rule (11MB pdf) was published in the Sept. 30 Federal Register. ASSE’s comment (doc) on the advanced notice of this rulemaking, our Position Statement on control banding and the future of hazard communications can be found here, and our March 2004 statement to the Senate Health, Education, Labor and Pensions Committee Subcommittee on Employment, Safety and Training on the issue can be found here.

ASSE Urges Support for Fed OSH Agencies in FY10 Appropriations

ASSE shared its views on funding for OSHA, NIOSH and MSHA in a letter (doc) to Senator Harkin and Representative Obey, chairs of the Senate and House Appropriations Subcommittees on Labor, Health and Human Services, Education, and Related Agencies. Information on the federal appropriations process can be found at http://thomas.loc.gov/home/approp/app10.html.

ASSE Shares View of OSHA Nominee Michaels with Senate Leaders

ASSE said in a letter to key U.S. Senate leaders that it looks forward to working with the current Administration’s nominee to lead OSHA, David Michaels, if his nomination is approved. ASSE said it agreed with views Dr. Michaels shared in a recent article on objectives for OSHA -- “a bold campaign to change the workplace culture of safety” to include a workplace injury and illness prevention program rule and a campaign to change the way the nation thinks about workplace safety.

ASSE Revises Position Statement on Distracted Driving

ASSE has revised its Position Statement on Distracted Driving in Motor Vehicles, addressing the current national discussion focused on distractions from electronic devices used to make calls, text, play music and search for information. Legislative and regulatory action aimed at these risks is needed. But attention to electronic devices should not take away from an overall understanding that electronic devices are only one part of the distracted driving problem. ASSE encourages its members to involve themselves in the debate primarily from their professional position as SH&E professionals who can bring attention to the fact that incidents on highways are the leading cause of workplace deaths.

John Howard, M.D., Selected as New Director of NIOSH

“ASSE is pleased that this Administration has recognized the quality leadership of Dr. John Howard and appointed him to return to lead NIOSH,” said Chris Patton, President of ASSE. “At NIOSH, he ably helped the talented professionals at NIOSH take their appropriate leadership roles in occupational safety and health and set a visionary direction for NIOSH that, with adequate resources, can address the rapidly changing risks in today’s workplaces. As it has in the past, ASSE and its member safety, health and environmental professionals look forward to working with Dr. Howard and his staff at NIOSH to continue to advance our understanding of workplace risks and their solutions.”

ASSE Supports Illinois Employee Only State Plan

ASSE expressed support for an Illinois Employee Only State Plan in a comment to OSHA on rulemaking to provide approval for the plan. ASSE has long supported extending occupational safety and health coverage to the 8.1 million public sector workers not covered under federal safety and health standards. ASSE members have also championed legislative efforts to advance OSH coverage for Florida’s public sector workers. See also ASSE’s press release.

ASSE Comments on CSB Chemical Release Reporting ANPR

ASSE submitted a comment to the U.S. Chemical Safety and Hazard Investigation Board (CSB) on its Advanced Notice of Proposed Rulemaking (ANPR) seeking feedback on ideas for a regulation on chemical release reporting. ASSE voiced concern that a regulation should not make more difficult site managers’ responsibilities when various reporting requirements already exist and the initial period of time after an incident is focused on emergency response.
Click here for the ASSE Press Release on this issue.

ASSE Nominates Paul Adams for NACOSH

ASSE has nominated Paul S. Adams, PhD, CSP, PE, CPE, to serve on OSHA’s National Advisory Committee on Occupational Safety and Health (NACOSH). Paul Adams career spans both industry and academics with particular experience in ergonomics, engineering and the evaluation of safety and health programs. He is also the former President and a current Director on the Board of Certified Safety Professionals (BCSP).

DoL Secretary Solis Helps Open ASSE PDC

Department of Labor Secretary Hilda L. Solis spoke to attendees at ASSE's opening General Session on Monday, June 29 in San Antonio, Texas. Secretary Solis praised ASSE members' commitment to workplace safety and health and said she looked forward to working with them and spoke of OSHA's reemphasis on enforcement efforts. She also announced a concentrated effort to prevent injuries and fatalities at construction sites in Texas to address the high number of fatalities in construction in the state.

Read ASSE's press release on the Secretary's appearance.

ASSE President Warren Brown Testifies at Senate Subcommittee Hearing on Introducing Meaningful Incentives for Safe Workplaces and Meaningful Roles for Victims and Their Families

ASSE president Warren Brown testified today, April 28, 2009 at a hearing before the Senate Subcommittee on Employment and Workplace Safety of the Senate Health, Education, Labor and Policy Committee on the issue of introducing meaningful incentives for safe workplaces. The hearing is being held as the subcommittee considers the introduction of OSHA reform legislation that could drastically alter OSHA enforcement procedures, rulemaking, and cooperative programs. Mr. Brown’s testimony cautions the subcommittee against wholesale changes that will diminish OSHA’s ability to be a the leader of this nation’s occupational safety and health. While ASSE acknowledges in the testimony that some changes to current practices are necessary to create a strong, effective OSHA, enforcement alone will not be enough to keep workers safe on the job. OSHA must prioritize their resources and focus on employers that are known to blatantly disregard employee safety and health.

Watch the testimony on the U.S. Senate Committee on Health, Education, Labor and Pensions website.

ASSE Protects SH&E Level Playing Field on Mold in Arkansas and Maryland

In Arkansas and Maryland, ASSE is taking a stand for all SH&E professionals by opposing legislation that would inappropriately give preference to one SH&E designation in dealing with possible risks associated with mold. In Arkansas, an ASSE letter objects to a bill that has already passed the House. In Maryland, an ASSE letter states for the record our Maryland members’ opposition to a bill even though the bill has already failed.

To be clear, ASSE does not oppose CIHs doing mold work. What ASSE has consistently objected to over the years are any efforts intended to keep SH&E professionals who may have the experience and training to assess and address mold risks from doing that work. ASSE members agree that nothing in the CIH designation itself determines a unique ability to deal with mold risks. Given ASSE’s wide-ranging membership that includes CIHs, CSPs, CHMMs and every other SH&E designation – as well as members working towards such designations – it is ASSE’s purpose to protect and promote a level playing field among SH&E professionals. ASSE does not seek competitive advantages for any one group of SH&E professionals over other SH&E professionals when such an advantage is not based in professional training and experience.

ASSE TESTIMONY EXPRESSES CONCERN OVER CHANGES TO NIOSH ASBESTOS ROADMAP

ASSE voiced several concerns regarding the focus of the NIOSH Roadmap on Asbestos and other Elongated Particle Minerals at a NIOSH hearing held on March 30, 2009. Adele L. Abrams, Esq., CMSP, Professional member of the Mining and Construction Practice Specialty and co-chair of the NIOSH Mining Sector Council for its National Occupational Research agenda, submitted testimony on behalf of ASSE and expressed that that the revised NIOSH Roadmap has diverted from its ultimate goal in the original draft of developing a unified theory of thoracic-sized fiber toxicity between currently-known and newly identified mineral fibers, synthetic vitreous fibers, and nanofibers. The revised roadmap, Abrams said, downplays the importance of developing a unified theory when in fact, NIOSH representatives stated during a public meeting that the February 2007 Roadmap held the unified theory as the “ultimate goal” of its research. The testimony reflect comments submitted by ASSE in September of 2008 to NIOSH for the record.

HB 1029 Passes Unanimously in the Florida House Government Affairs and Policy Committee

At the 11th hour, after the Florida House said it was not hearing any new bills, ASSE’s lobbyist in Florida was able to get HB 1029, ASSE’s bill to provide OSH coverage to public sector employees in Florida, heard this morning in the House Government Affairs Policy Committee. ASSE member Mark Friend, of Embry Riddle Aeronautical University and member of the Florida Task Force on Workplace Safety, went up to Tallahassee to testify at a hearing this morning. The bill passed unanimously, by a vote of 7-0. Thanks to all of the ASSE members that stepped up to write the members of this committee to urge them to support HB 1029. Passing these bills will still be a tough fight, but this victory could not have been a better beginning.

ASSE Says OSHA Failed to Recognize Leading Standards at Crane Hearing

ASSE expressed a variety of concerns centered on the failure of the OSHA proposed rule Cranes and Derricks in Construction to reference leading national voluntary consensus standards on crane safety in testimony given by ASSE Professional Member Matt Burkart, a crane safety expert from Southampton, PA, a member of the A10 Safety Requirements for Construction and Demolition Operations Standards standard committee and chair of the ASCE Construction Site Safety Committee, at an OSHA public hearing. The testimony reflected comments ASSE submitted in January to OSHA for the record, where ASSE requested a hearing to address concerns that OSHA failed to reference the widely accepted A10 and other national voluntary consensus standards addressing crane and derrick safety. ASSE did support OSHA’s general approach to ensuring that crane operators are qualified or certified to operate the equipment covered here but urged that certifications be accredited by the same nationally recognized accrediting agencies that accredit organizations certifying the professional competence of safety and health professionals. OSHA was urged to look closely at the negotiated rulemaking process used to develop the rule to see if lessons can be learned to help improve the negotiated rulemaking process as a way to engage the safety and health community in rulemaking. (3.18.09)

ASSE Oregon Members Back Employer Right to Set Safety Rules on Marijuana

On behalf of its members in Oregon, ASSE sent a letter to a key Oregon House Committee expressing support for occupational safety and health provisions of bills before the committee to protect an employer’s right to determine safety rules concerning the use of marijuana. The issue is a concern of safety and health professionals due to the legal medical use of marijuana allowed in Oregon. HB 2497(pdf) and HB 3502 (pdf) would clarify that Oregon law does not require an employer to accommodate the medical use of marijuana in any workplace, to allow its possession or consumption, to allow an impaired person in the workplace, to restrict efforts to have a drug-free workforce. (3.16.09)

Related Press Release.

ASSE Moving Ahead on Providing OSH Coverage to Florida's Public Sector Workers

Florida’s ASSE members deserve all the credit in the world for succeeding last year at passing one of the more significant occupational safety and health (OSH) bills in recent years in any state or even at the federal level. The US Chemical Safety and Hazard Investigation Board (CSB) recognized the achievement in its You Tube video at here. At a time when there are few initiatives to advance safety and health, legislation by Senator Lynn and Representative Gibson that ASSE championed created a task force to determine how Florida can provide OSH coverage to its public sector workers. The task force concluded that Florida can begin to do so. ASSE is supporting the task force’s recommendations contained in its full report (PDF).

In the 2009 session of the Florida Legislature, ASSE will work to see these recommendations passed into law. ASSE has engaged the lobbyist who succeeded for us last year. We have a group of dedicated Florida members who have been working on this issue from the beginning and who will lead the effort again this year. Ed Granberry Jr. was instrumental in making sure ASSE pursued this issue. Jim Smith is an ASSE Board member and is long committed to the issue. Mark Friend of Embry-Riddle University as a member of the task force helped see these recommendations through. And Frank Lakotich of Alabama, the new ARVP for Government Affairs for Region IV, is also bringing the Region’s support to the effort.

But we will need your help. We expect this effort to be difficult. There is no guarantee of success. When you are asked to help in ways like contacting your state senator or representative, we would hope that you will take the time and effort to do so. You can also write letters to the editor in your community, make sure your Chapter knows what is going on. The more voices we can bring to this effort, the better chances we have. Please watch for email announcements with more information and requests for help.

A first step in this effort was this response to a recent Florida Trend article (pdf) on “Dangerous Work.”

CSB Urges Florida to Pursue Public Sector OSH Coverage

In 2008, due to the commitment of members in Florida like Ed Granberry, ASSE Board Member Jim Smith and Mark Friend, ASSE pursued passage of a bill that established a task force to determine how to provide occupational safety and health coverage to the state’s state, municipal and county workers. Not only has that been a significant step forward for safety and health and our members in Florida, but our work there has been recognized as a significant step forward on this issue in Washington, DC. In a YouTube Video, US Chemical Safety and Hazard Investigation Board (CSB) Chairman John Bresland commended the task force urged Florida legislators and governor to pursue its recommendations, which can be found in a final report here (PDF). CSB’s work in investigating the workplace explosion that took two lives at a Daytona Beach water treatment plant started this current effort to provide OSH coverage. CSB’s report on that explosion can be found here.

ASSE Comments on OSHA Cranes in Construction Rule - Asks OSHA for Hearing on Failure to Reference A10

ASSE in a comment for the record has asked OSHA for a hearing to determine how OSHA failed to include one reference to A10 Safety Requirements for Construction and Demolition Operation voluntary consensus standards in its proposed rule on cranes and derricks in construction. The ANSI/ASSE A10 Committee is one of the oldest ANSI committees, and, until recently, OSHA was a committee member. As ASSE’s numerous technical concerns about the rulemaking indicate, references to the A10 and other standards are both appropriate and necessary if this rulemaking is to be consistent with already widely accepted crane safety practices within industry. ASSE also supported OSHA’s proposal for crane operation certification but urged that changes be made to ensure quality accreditation of certification programs in the same way the credibility of the highest levels of safety and health professional certifications are guaranteed. With respect to the negotiated rulemaking process through which this rulemaking was developed, ASSE urged OSHA to look at its experience closely and see if lessons can be learned to help improve negotiated rulemaking as a tool for engaging the entire OSH community in OSHA’s future rulemaking. ASSE has long called for the use of negotiated rulemaking to address some of the more intractable issues facing occupational safety and health.

ASSE Responds to MEMBER CONCERNS OVER DoL Rulemaking on Health Standards

The message below from Jim Thornton, Chair, and ASSE’s Government Affairs Committee on behalf of the Society is in response to the voiced concerns (below) of members over ASSE comment on this rulemaking.

Thank you for your comments to ASSE regarding the position the Society has taken relative to the proposed Department of Labor risk assessment rulemaking. Your patience in waiting for a response during a time when volunteer leadership in ASSE government affairs has been in transition is greatly appreciated. I want to take this opportunity to explain the position that was taken and trust that this communication provides you the feedback you are seeking, if maybe not the answer you sought.

ASSE's comments in support of the proposed standard are based primarily on the principles of transparency and due diligence in the rulemaking process. While we can certainly debate whether the Administration’s timing in offering this rulemaking meets this same principle, that does not take away from our belief that all occupational safety and health standards should be promulgated in an open and participative manner so that the standards that afford a safe and healthy workplace have the benefit of the best possible information from all sides of the debate. Requiring that these standards be developed in a more transparent environment where due diligence by a federal agency is required is good for employees, employers and SH&E professionals and we will continue to support and advocate for this principle. Even when the current standards development process is archaic and slow – about which ASSE has consistently voiced concern – as a practicing CSP and CIH, I have often seen standards finalized, only to find that they do not address workplace realities and making my work that much more difficult. An extra measure of due diligence might produce a better, more sustained product, and we advocate that.

That being said, there are facets to this proposed standard that were not addressed in our comment. ASSE has an approval process that consists of the Government Affairs Committee, the Council on Professional Affairs and the Board Executive Committee. The members of these committees are appointed to represent the views of our widespread, diverse membership. This is not the first time this process has resulted in a position that is controversial or may find disagreement among other members. Most likely, it will not be the last. That these members chose to provide a comment focused on a particular aspect of this rulemaking reflects the experience and knowledge of the members chosen at this time to be part of the process, and their decision has not changed.

However, based on your comment and the comments of others – which have been shared with each member in the approval process – our intent is to better reach out to the particular expertise among our members on this issue when it no doubt comes up as this rulemaking is challenged. My own feeling is that many of these more particular issues, including length of exposure to airborne contaminants toxins, are issues that any rulemaking or even stakeholders in the process cannot adequately address without NIOSH playing a more integral role in determining how best to protect workers.

In closing, I hope that this at least provides some clarity around our position, and assures you that we have the interests of ASSE, its members, our employers and the employees for whom we work at heart. While I understand this response may not fulfill your best hope for this process, I want you to know that those of us who are in a position to make these decisions on behalf of our fellow members have heard your concern and will double our effort to seek member input with particular expertise as this issue progresses. I also hope that your involvement in this debate provides an incentive for you to become even more involved in ASSE’s policy development process as well as the process that selects our Society’s leaders.

Sincerely,
James Thornton
ASSE GAC Chair

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