For the past eight years under President Bush, and in large part in the preceding eight years under President Clinton, OSHA transformed itself from an agency dedicated to promoting safety through ENFORCEMENT to one promoting safety through EDUCATION and cooperative efforts between government and business… the “Strategic Alliance” program between OSHA and major industry groups being a good example of the latter.

Well, as they say, “There’s a new sheriff in town,” and things are changing. OSHA’s recent reputation as being mostly bark with little bite will be a thing of the past, if the Obama administration has its way. The government is sending a message to employers that it plans to crack down on employer violations of the OSHA with a one-two punch: first, by greater enforcement of existing laws; and second, by passing legislation that would amend the OSH Act to expand coverage to more workers, increase civil and criminal penalties for violators, and increase protections for whistleblowers. (more…)

Here are some excerpts from Michaels’ 2007 testimony which clearly signal his views on recordkeeping, ergonomics, rulemaking and the General Duty Clause, among other topics: 

• “Preventable work related injuries and illnesses … are unacceptably high. Furthermore, the true incidence of these conditions is far higher than reported by the Bureau of Labor Statistics.”
• OSHA enforcement does not appear to be effective in further reducing injury rates. … Statistical analyses indicate that (any reported) decrease can be attributable to changes in OSHA recordkeeping rules.
• “For most hazardous chemicals, OSHA’s standards are either inadequate or totally absent. One could write a book about the hazards that OSHA has failed to regulate adequately.”
• “The primary blame (for OSHA’s failure to issue appropriate health standards) rests in a system that makes OSHA standard setting inordinately difficult and resource-intensive.”
• “OSHA has abandoned the general duty clause. It is time for the agency to start using it again.”
• “Ergonomic injuries cost employers $15-20 billion annually in workers’ compensation costs alone, yet this number one workplace safety and health problem is not even mentioned on OSHA’s most recent regulatory agenda.”
• “OSHA doesn’t have the staff to work on more than one or two standards at a time, and … each standard takes years to complete. Unless things change radically, only a handful of the thousands of chemicals in daily use in American workplaces will ever be the subject of an OSHA standard.”

Transcript of Michaels’ testimony before Congress in 2007:

http://www.defendingscience.org/newsroom/upload/Michaels_OSHA_Testimony.pdf

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From the above, we see who the major players in the Department of Labor and OSHA are, and what they would like to see the agency become.

What changes have been made so far?

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As noted above, OSHA has begun an aggressive new program of enforcement of the OSHA Recordkeeping requirements.
 

U.S. Labor Department’s OSHA begins National Emphasis Program on recordkeeping to determine accuracy of worker injury and illness data WASHINGTON - The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is initiating a national emphasis program (NEP) on recordkeeping to assess the accuracy of injury and illness data recorded by employers. The recordkeeping NEP involves inspecting occupational injury and illness records prepared by businesses and appropriately enforcing regulatory requirements when employers are found to be under-recording injuries and illnesses. ”

Accurate and honest recordkeeping is vitally important to workers’ health and safety,” said acting Assistant Secretary of Labor for OSHA Jordan Barab. “This information is not only used by OSHA to determine which workplaces to inspect, but it is an important tool employers and workers can use to identify health and safety problems in their workplaces.” The inspections include a records review, employee interviews, and a limited safety and health inspection of the workplace. The NEP will focus on selected industries with high injury and illness rates. (more…)

Most of your will recall that, in the final days of the Clinton administration, OSHA enacted a new Ergonomics Standard. This massive standard was quickly repealed by the Congress in 2001. The way the law is written, the repeal of an agency regulation also bars that agency from issuing a similar rule in the future. Because the repealed Standard was so broad and comprehensive, it has been thought that it would be difficult for OSHA to pass a new Ergonomics standard. This hasn’t stopped OSHA’s enforcement on ergonomics, and OSHA recently reported that the agency has issued 19 “General Duty Clause” citations for ergonomics since 2002.

Now, under the Obama administration, OSHA Ergonomics is getting another look… (more…)

The Swine Flu is spreading rapidly in the USA, and the workplace, where large numbers of people congregate, is a major factor in this spread, says the CDC. The CDC estimates that between 14 million and 34 million cases of 2009 H1N1 occurred between April and October 17, 2009. The mid-level in this range is about 22 million people infected with 2009 H1N1.

Swine Flu is costing employers countless millions of dollars in lost productivity, sick pay, medical costs, etc. There are, however, some things that you as an employer can do to reduce the spread of Swine Flu in your workplace. (more…)

Big changes are coming to the OSHA Hazard Communication Standard!

 

In 2003, the United Nations (UN) adopted the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The GHS includes criteria for the classification of health, physical and environmental hazards, as well as specifying what information should be included on labels of hazardous chemicals as well as safety data sheets. The United States was an active participant in the development of the GHS, and is a member of the UN bodies established to maintain and coordinate implementation of the system.

OSHA published a proposed rulemaking on September 30, 2009 to align OSHA’s Hazard Communication standard (HCS) with the GHS.

To make a long story short… (more…)