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.

The transformation process began with the appointment and quick confirmation of Hilda Solis as Secretary of Labor. Solis, a four-term Congresswoman from California, grew up in a Union family, with both her mother and father avid union members. Depending on who you ask, she is regarded as being an “unyielding advocate of environmentalists and labor groups” OR as a person beholden to those interests for political gain. In either case, it seems clear that the scale has tipped toward the “labor” side of the labor-business balance at the Department of Labor.

In April, 2009, the Obama administration appointed Jordan Barab as the interim OSHA head. Mr. Barab replaced former OSHA Chief Edwin Foulke, Jr., who was generally regarded as being pro-business. Barab, on the other hand, is a proponent of “regulation promulgation and enforcement.”

Now, on a largely party-line vote, the Senate has just confirmed David Michaels as the new Assistant Secretary of Labor and permanent head of OSHA. Barab will remain with OSHA as the #2 man. Michaels comes from academia, having served as a professor at The George Washington University School of Public Health and Health Services. While in this position, he was called to testify before Congress regarding OSHA, and his testimony shows that he saw the agency as weak, unmotivated, understaffed, heavily impeded and generally ineffective. But Michaels’ critics say the epidemiologist, who has conducted numerous (questionable?) studies on the health effects of occupational exposure to toxic chemicals, will bring a junk science-based, anti-business agenda to the post. Second Amendment advocates are also up in arms, saying they expect Michaels to seek stricter gun control in the workplace as an issue of public health. 

The Washington Times minced no words in its Sunday editorial: “The Senate should reject Mr. Michaels’ nomination.” But, of course, Michaels was, in fact, confirmed by the Senate.

OSHA Alliance program info (now being phased out/deemphasized):
http://www.osha.gov/OshDoc/data_General_Facts/factsheet-alliance.pdf

 

Hilda Solis short bio:
http://www.time.com/time/politics/article/0,8599,1868090,00.html

 

Jordan Barab’s blog (no updates since January 2009 but still insight into Barab’s thinking):
http://spewingforth.blogspot.com/

 

Washington Times Editorial:
http://washingtontimes.com/news/2009/sep/07/occupational-hazard

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