Federal Communications

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.

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.

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. 

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 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).

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 Shares Views on Future of OSHA with Obama Transition Team

ASSE’s Government Affairs Committee shared its suggestions for the future of OSHA with the incoming Obama Administration’s transition team, which is preparing a report outlining various stakeholders’ comments and concerns about OSHA.  The Committee’s conversation followed a one-page summary of topics prepared by ASSE for the transition team.   Press Release.. 

ASSE Urges Support for Proposal to Improve Florida Public Sector Worker OSHA Coverage

logoTuesday, December 2nd will be the last of three meetings scheduled for the Florida Public Task Force on Workplace Safety charged by the Florida Legislature with “developing findings and issuing recommendations regarding innovative ways by which the state may effectively ensure that each state department and agency and each county government and municipality located in the state complies” with federal OSHA standards. Leading members of the task force have developed recommendations that outline steps the Florida legislature can take to ensure that public employers can comply with federal OSHA standards. The recommendations can be accessed here (MS Word doc). ASSE urges members to support these recommendations by submitting comments on the Florida Public Task Force on Workplace Safety website http://www.floridaworkplacesafety.org/comment.cfm.

ASSE Calls for Extension on OSHA Crane Rulemaking

(11/17/2008)
ASSE has urged OSHA to give a 90-day extension of time for submitting comments on OSHA’s Proposed Rule Cranes and Derricks in Construction published in the October 9, 2008 Federal Register. ASSE said the importance of ensuring crane and derrick safety in construction is an important safety issue for a large segment of our diverse and wide-spread membership. Providing an adequate response that reflects the wide experience and expertise of ASSE’s members is a unique challenge in the face of the Proposed Rule’s 240 pages of text and nearly 150 requests for comment. OSHA needs to build confidence in this rulemaking by giving an adequate opportunity to comment.

ASSE Comments on MSHA Drug/Alcohol Rulemaking

(11/10/08)
ASSE submitted a comment on MSHA’s proposed rule aimed at achieving drug- and alcohol-free mines. While applauding MSHA for attacking the issue proactively, ASSE urged changes in the rulemaking to avoid undercutting existing effective substance abuse prevention programs. The proposal should apply to coal and metal/nonmetal mines, both surface and underground. MSHA’s intention toward independent contractors performing work unrelated to extraction or mineral production needs clarification. Mines with more rigorous drug and alcohol programs – including “zero tolerance” for positive testing employees -- should be allowed to maintain those programs. And post-accident provisions needed to avoid the “law of unintended consequences” of employees underreporting injuries because to avoid post-accident drug or alcohol testing.

ASSE Voices Concern Over Change in NIOSH Asbestos Roadmap

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 Supports Labor Department Rulemaking on Health Standards

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.

ASSE Comments on OSHA "Per-Employee" Clarification

(9/18/08)
ASSE 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.

ASSE Mourns Passing of Former Chair of the US Chemical Safety and Hazard Investigation Board

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 Submits Comment on Combustible Dust

For the record of the July 29, 2008, Senate Subcommittee on Employment and Workplace Safety hearing on, “Dangerous Dust – Is OSHA doing enough to protect workers?” ASSE submitted a statement urging 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 agreed with the approach taken in a bill passed by the House seeking requring an OSHA standard no less effective than the NFPA 654 voluntary consensus standard but said should also address related NFPA standards and should be required within 24 months, not the 18 months required in the bill. ASSE also said the bill needs to address OSHA's inadequate inspection resources and inspector training on hazardous dust and find a way to help employers deal with 17 different OSHA standards related to hazardous dust.

ASSE Commends NIOSH for Draft Control Banding Document

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/positions/hazcom.php.

ASSE Argues for More Dollars for Federal Safety Agencies

(6/20/08)
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.

ASSE Urges Withdrawal of OSHA Direct Final Rule to Update OSHA Standards Based on National Consensus Standards

(1/14/08)
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.

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