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Aug. 4, 2011 by Matt Shudtz

IUR Update a Good Start, But a Missed Opportunity for Worker Health and Safety

On Tuesday, EPA finalized important revisions to its Inventory Update Rule (IUR), which is the federal government’s primary means of finding out what chemicals are being produced or used, where they’re being produced and used, and in what quantities. The revisions close up some major loopholes created by the Bush administration and should give the agency more accurate data for its chemical management program, which GAO tagged in 2009 as being at “high risk” of becoming ineffective.

EPA made some important improvements to the rule, now dubbed the Chemical Data Reporting (CDR) rule. Manufacturers will once again have to submit data every four years, instead of every five. When they do, they’ll have to submit data for each year since the last report, instead of just the data from the year in which the report is due. The generic threshold for having to report detailed information about downstream uses of a chemical will be shifted back to apply to any chemical produced at a site in volumes exceeding 25,000 pounds in a year. That closes a loophole created by the Bush administration, which required only basic chemical identification and simplified on-site production volumes for manufacturers who …

May 31, 2011 by Matt Shudtz
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OSHA published a report (pdf) last week on its role in the federal government’s response to last year’s massive oil spill. Within days of the blowout aboard the Deepwater Horizon, OSHA officials were in Louisiana, working to ensure that the people involved in the response and cleanup had adequate protection from the myriad hazards they would face. The new report is mainly a list of accomplishments, not an introspective “lessons learned” self-evaluation that could have paved the way for policy changes that would improve the federal oil spill response system. Nevertheless, the document is worth the read because it provides a good sense of the difficulty OSHA faced in protecting a huge workforce from so many hazards, as part of an unprecedented government response.

The report covers a handful of areas where OSHA did most of its work: site visits, intervention, and technical support; chemical …

May 19, 2011 by Thomas McGarity
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The report issued this morning by the Governor's Independent Investigation Panel on the West Virginia mine explosion that killed 29 miners at the Massey Energy Company’s Upper Big Branch Mine just over a year ago will never make the New York Times best seller list. But it should be required reading for all policymakers with responsibility for protecting the safety of the workers who spend much of their lives deep underground digging coal.

Although the Mine Safety and Health Administration (MSHA) and Massey Energy have conducted their own investigations (MSHA's is forthcoming) into the causes of the tragic explosion, Joe Manchin, then the Governor, correctly assumed that the full story was not likely to come out of two entities with such an obvious stake in the outcome. He asked Davitt McAteer, the head of MSHA during the Clinton Administration and a long-time advocate of …

April 15, 2011 by Sidney Shapiro
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Congress charged the Office of Advocacy of the U.S. Small Business Administration (SBA) with the job of representing the interests of small business before regulatory agencies, such as the Occupational Safety and Health Administration (OSHA). As an agency of the federal government, it has an obligation to taxpayers to get its facts straight before it speaks. Lately, it has ignored this basic obligation, most notably sponsoring a study that used flawed methodology to claim that regulations impose $1.75 trillion in costs every year.

Now, Dr. Winslow Sargeant, Chief Counsel for Advocacy at the SBA, has upped his attack on OSHA’s efforts to update its noise regulation, making assertions that are highly misleading and at times simply wrong. In an interview last week with the Phoenix Business Journal, Sargeant claimed:

The OSHA rule was a solution to a problem that had already been solved. Basically …

April 13, 2011 by Celeste Monforton
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Cross-posted from The Pump Handle.

President Obama received an award last week for his efforts to improve openness in federal agencies. Jon Stewart poked fun at it (see clip) and I actually thought it might have been an April Fool's joke because of what I'd learned earlier in the week.

The President's own Office of Information and Regulatory Affairs (OIRA) has hosted two meetings with industry representatives who are opposed to an OSHA regulation on crystalline silica, but OIRA fails to disclose these meetings on its website (screenshot 4/11/11.) This is the second time in as many occasions that this OMB office has failed the transparency test when it comes to extra-curricular meetings on OSHA rules. OIRA did the same thing last summer on OSHA's proposed minor change to its injury recording log. Others have identified even more serious infractions by …

March 30, 2011 by Sidney Shapiro
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Last week, the White House’s Office of Information and Regulatory Affairs (OIRA) approved a survey to be conducted for the Occupational Safety and Health Administration (OSHA) as part of the agency's efforts to develop an Injury and Illness Prevention Program (I2P2) standard. Surveys, like this one, have to be approved by OIRA according to the Paperwork Reduction Act, and the lengthy approval may stall development of the I2P2 standard for four or more months for no apparently good reason. OIRA made only minor changes to the draft documents.

The I2P2 standard is OSHA’s signature regulatory initiative, and it comes in the nick of time. With its small and dwindling staff, a result of Congress putting it on a starvation diet of resources, OSHA has found it difficult to update its safety and health standards to protect workers, or to adopt new ones to address hazards …

March 25, 2011 by Matthew Freeman
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One hundred years ago today, 146 people perished in one of the nation’s worst workplace tragedies – the Triangle Shirtwaist Factory Fire in the heart of New York City. The story is gruesome, and each detail of exactly how so many people were trapped in a burning building was, and remains, a reminder of what can happen when worker safety is sacrificed in the name of profit.

Here’s the barest sketch. The Triangle Waist Factory in lower Manhattan relied on cheap, exploitable labor to produce women’s blouses – shirtwaists, as they were known. The factory occupied the 8th, 9th and 10th floors of a building at 29 Washington Place, and its employees were mostly young immigrant women, some as young as 14. They’d come to the United States for a better life, and found themselves working more than 50 hours a week …

Feb. 22, 2011 by Matt Shudtz
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Lizzie Grossman has a nice post over at The Pump Handle highlighting how the National Contingency Plan for major oil spills has significant gaps, which left government agencies and cleanup workers in the Gulf scrambling to figure out the right training programs and the best ways to protect workers' health and safety in the days, weeks, and months following the BP spill.

But, as Lizzie points out, one of the most powerful advocates for fixing the NCP -- the National Spill Commission -- has left the issue of cleanup workers' by the wayside:

Occupational health issues for responders are simply not the focus of the Commission's review: OSHA is only mentioned twice in the body of the report. The role of the National Institute of Environmental Health Sciences (NIEHS) in the response is not described at all, nor is the health impacts roster maintained by the Louisiana Department …

Feb. 14, 2011 by Thomas McGarity
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On March 23, 2005, the worst industrial accident in 15 years killed 15 workers and injured more than 180 others as highly flammable liquids from a distillation tower were vented directly to the ground and were ignited by a spark at the huge BP Corporation Refinery in Texas City, Texas. A two-year investigation by the Chemical Safety and Hazard Investigation Board (CSHIB) concluded that the BP Texas City refinery was “an extremely dangerous workplace by any objective standard.” An “Independent Review Panel” that BP assembled to investigate the explosion and BP’s safety practices throughout all of its operations issued a similarly devastating critique. 

The CSHIB also found that the Occupational Safety and Health Administration (OSHA) had acted irresponsibly. The facility was subject to OSHA’s 1992 process safety management standard, but plant managers had failed to implement many of its requirements.  The standard itself was out …

Feb. 8, 2011 by Celeste Monforton
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Cross-posted from The Pump Handle.

I was already tired of President Obama repeating the Republican's rhetoric about big, bad regulations, how they stifle job creation, put an unnecessary burden on businesses, and make our economy less competitive. He did so last month in an op-ed in the Wall Street Journal and in his State of the Union address. But yesterday, the White House went too far.

In advance of the President's speech to the U.S. Chamber of Commerce, the chief of the Office of Information and Regulatory Affairs (OIRA) threw two OSHA initiatives under the bus. Right after mentioning President Obama's January 18 directive that agencies reduce regulatory burdens on small businesses, the OIRA chief boasted that they were already making great progress toward that goal. He offered four examples, and two of the four----2 of the 4---involved initiatives to advance worker health …

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