Federal Communications

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 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. 

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:

  1. 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.
     
  2. 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.
     
  3. 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.
     
  4. 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.
     
  5. 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.
     
  6. 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.

  7. 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.
     

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.

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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