After more than two years of White House review, OSHA has finally published its proposed new standards for silica exposure. Secretary of Labor Tom Perez, Assistant Secretary David Michaels, and many other people both inside and outside the agency deserve congratulations for finally shaking the proposal loose from the clutches of the president’s regulatory review team in OMB’s Office of Information and Regulatory Affairs. The publication of the proposal is an important step towards protecting millions of Americans who are exposed to the deadly dust in their workplaces.

But this is no time for the agency to rest on its laurels. As GAO noted in a recent report, OSHA proposals published in the 2000s took an average of three years to reach the “final rule” stage. If it takes that long to publish the final silica rule, it will be in jeopardy of falling prey …

Hot on the heels of a USDA Inspector General’s report that highlights the failings of privatizing pork inspection, the House yesterday approved an amendment to the Farm Bill that pressures USDA to institute the same type of system in the poultry slaughter industry.  The poultry rule, which we’ve written about in this space before, is not yet in final form, but the poultry industry and its supporters are pushing it in that direction.  The Inspector General’s report adds to the growing list of reasons why the USDA should scrap the proposed poultry rule and come up with a better way to modernize food safety inspection programs.

The USDA Inspector General reviewed a 15 year-old pilot program in which swine slaughter facilities were granted waivers from current regulations, plant employees were given the responsibility of certain inspection tasks, USDA inspectors were moved off of the …

Just days before The Washington Post's Kimberly Kindy published her eye-opening story of chemical showers in chicken processing plants and the untimely death of a federal food safety inspector, OSHA announced fines totaling $58,775 in a case involving a worker fatality at another chicken processing plant – this one in Canton, Georgia. According to OSHA's press release, the worker "became caught in an unguarded hopper while attempting to remove a piece of cardboard." 

The agency does not typically release the full details of an investigation until it is "closed" by virtue of penalties being paid, a settlement, or a court decision, so we'll only be able to glean the basics of this tragic incident from the public inspection file and press release, for now. But the basics tell a troubling story. OSHA cited Pilgrim's Pride, which boasts billions of dollars in chicken sales …

CPR's Tom McGarity has an op-ed in this morning's Christian Science Monitor describing the regulatory environment in which that West, Texas, fertilizer plant came to have a large stockpile of explosive material while operating with little or no oversight from state or federal authorities. An April 17 explosion at the plant claimed at least 15 lives and destroyed several hundred homes.

McGarity notes that Texas has no state program for occupational health and safety, so leaves such matters to the federal Occupational Safety and Health Administration (OSHA). But with its tiny staff of inspectors (2,400 in all), OSHA's its resources are stretched so thin that it has inspected the plant just once -- in the mid-1980s. Similarly, the Environmental Protection Agency (EPA) has insufficient staff to inspect more than once a decade. Meanwhile the Texas Commission on Environmental Quality is so small, it can …

For more than a year now, food safety and worker safety advocates have been fighting a proposal out of USDA’s Food Safety Inspection Service that would pull most government inspectors off poultry slaughter lines in favor of potentially un-trained company inspectors, speed up the lines, and allow companies to use additional antimicrobial chemicals to cover up expected increases in contamination.  Today, President Obama released a proposed budget that indicates USDA’s proposal will be finalized before the start of FY2014 (see pages 86-87)—a rebuke to advocates who have made a strong case against the USDA proposal.

As we’ve noted before,

• The proposed rule is bad for food safety.  USDA has tried out pilot programs that allowed poultry slaughterhouses to speed up their lines and move government inspectors off those lines.  Food & Water Watch obtained compliance records and found troubling results, including that bile …

This post originally appeared on Harvard Law School’s Bill of Health and on RegBlog and is cross-posted with permisison.

For many of the federal agencies that promulgate and enforce regulations to protect public health, safety, and the environment, the era of “big government” never even began.  The U.S. Occupational Safety and Health Administration (OSHA) is a prime example: the agency employs about 2,000 inspectors, who are collectively able to visit roughly 100,000 establishments each year to look for unsafe and unhealthy conditions in the workplace.  This may sound like an ample effort, until one considers the scope of the problem: OSHA’s rules apply to more than 8 million establishments, and every year more than 4,500 workers die in traumatic occupational accidents, while epidemiologists estimate that about 40,000 additional workers die prematurely from chronic over-exposures to toxic substances.

According to data …

A report released yesterday by the Southern Poverty Law Center (SPLC) and the Alabama Appleseed Center for Law and Justice offers a devastating glimpse into the world of Alabama poultry workers.  Forced to hang, fold, gut, or slice more than 100 carcasses each minute, these workers suffer injuries at astounding rates:  of the 302 workers interviewed, almost three-quarters have experienced a significant work-related injury or illness, from deep cuts and debilitating hand pain to chemical burns and respiratory problems.  More than anything, these injuries are a result of the punishing line speeds that workers have to keep up with—lines that never slow or stop when a worker is in pain, but only when a piece of chicken becomes lodged in the machinery.

Unsafe at These Speeds: Alabama’s Poultry Industry and Its Disposable Workers is a sobering report, especially since it comes at a time when …

Ed. Note: This post is a reprint, with minor updates, of McGarity’s post one year ago on the first anniversary of the proposed silica rule arriving at OMB. Little has happened on the issue in the past year – except more people have been sickened or killed by silica exposure.

Today marks the second anniversary of an event that received little media attention, but marked a major milestone in the progression of a regulation that is of great importance to thousands of Americans whose jobs bring them into contact with dust particles containing the common mineral silica. Exactly two years ago today the Occupational Safety and Health Administration (OSHA) completed a proposed rule requiring employers in the mining, manufacturing and construction industries to protect their employees from silica dust particles as they engage in such activities as sandblasting, cutting rocks and concrete, and jackhammering.

Silica dust is …

Yesterday, the Mine Safety and Health Administration (MSHA) finalized the long overdue Pattern of Violations rule, a measure that will enhance the agency’s enforcement authority by making it easier for the agency to hold scofflaw mines strictly accountable for repeatedly and needlessly putting their workers at risk of chronic illness, severe injury, or even death.  The deterrent effect of this enhanced enforcement authority will discourage delinquent mine operators from cutting corners on health and safety, a development that will produce significant benefits for America’s miners.  MSHA estimates (see page 6) that the rule will prevent nearly 1,800 non-fatal injuries over the next 10 years, in addition to reducing instances of illnesses and fatalities.

The Pattern of Violations rule was one of the high priority regulatory actions that MSHA announced in response to 2010’s Upper Big Branch Mine disaster, in which 29 miners were …