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Jan. 26, 2010 by James Goodwin

OSHA's First Year Under Obama: Shaking Off the Cobwebs

This post is the sixth in a series on the new CPR report Obama’s Regulators: A First-Year Report Card.

During the Bush Administration, the Occupational Safety and Health Administration (OSHA) became a regulatory wasteland. Political interference, outdated laws, and chronic underfunding reduced the agency’s regulatory output to a mere trickle. For example, in the last 10 years, OSHA has issued comprehensive regulations for only two chemicals; in total, it has established legally enforceable exposure limits for fewer than 200 of the 3,000 most widely used industrial chemicals. Outdated laws and inadequate resources have also hindered OSHA’s ability to inspect workplaces and enforce worker safety regulations.

The Obama Administration faced a difficult challenge in trying to reawaken this vital protector agency from its dormant state. By and large, the Administration succeeded in placing OSHA in a promising upward trajectory this past year, strengthening its inspection and enforcement efforts. But it made little progress in terms of launching an affirmative regulatory agenda.

In the past year, OSHA began reforming enforcement programs that have proven ineffective, such as the Enhanced Enforcement Program (a program intended to focus enforcement on the worst offenders) and the Voluntary Protection Program (a program …

Dec. 15, 2009 by Sidney Shapiro
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The Concord Monitor has identified a New Hampshire factory (Franklin Non-Ferrous Foundry) that has been the subject of previous OSHA investigations and fines, yet continues to expose its workers to dangerous conditions. OSHA’s most recent fine, $250,000, came after the agency found that a worker had high levels of lead in his blood. The newspaper obtained OSHA documents that revealed a pattern of violations by the company. The New Hampshire case is a troubling reminder of how weak OSHA is -- and of how that weakness puts many workers at danger in this country today.

OSHA has cited the foundry for 57 violations over the last four years, including 25 “serious” violations, which means the violation has potential to kill or seriously harm an employee. The violations included exit doors that could not be opened from the inside without keys or tools. OSHA inspectors also found …

Dec. 12, 2009 by Matt Shudtz
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A coalition of occupational health and safety experts submitted an amicus brief to the National Labor Relations Board (NLRB) last Thursday, urging the Board to reconsider its restrictive definition of “joint employer” for purposes of collective bargaining.  It’s a critical issue for workers as more and more are getting jobs through temp firms, staffing agencies, and other complex employment relationships.  The workers who got your last-minute Father’s Day gift from the Amazon warehouse to your front door, for instance, don’t all get paychecks from Amazon, but they all operate at “Prime” speed because Amazon demands it.

From a health and safety perspective, it’s important that laws like the National Labor Relations Act (NLRA) and the Occupational Safety and Health Act (OSH Act) are interpreted broadly because the remedial purposes of those statutes – to ensure all workers can collectively bargain for better working conditions …

Sept. 25, 2009 by Ben Somberg
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The Chemical Safety Board released its report Thursday on the 2008 explosion at the Imperial Sugar plant in Georgia, finding that the incident was "entirely preventable" (Reuters article, full report). Ken Ward Jr. gave helpful context for the announcement and followed up afterward with the criticism from unions for the Chemical Safety Board's "decision to not repeat its previous recommendations that the federal Occupational Safety and Health Administration write tough standards regulating combustible dust in America’s workplaces." Celeste Monforton applauded Georgia Senators Chambliss and Isakson for calling on OSHA to issue regulations on combustible dust.

Also on Thursday, a study by PEER announced that "Workplace Exposures Rise as OSHA Health Inspections Fall" --

The U.S. Occupational Safety & Health Administration is doing fewer health inspections despite more workplace exposures to toxic and hazardous substances, according to an analysis released today by Public Employees for Environmental …

Sept. 14, 2009 by Matt Shudtz
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Granite, like most natural stones, contains radioactive material. While this isn’t much of a concern for a person who spends a few hours in a kitchen with granite countertops every day, new research by David Bernhardt, Linda Kincaid, and Al Gerhart suggests that the workers who fabricate those countertops might have reason to worry.

When they cut granite slabs to fit a room and to have nice edges, corners, and cut-outs for sinks and appliances, workers’ saws can create a lot of dust, and that dust can contain uranium, thorium, and other radioactive materials. If the dust isn’t properly controlled and the workers are not wearing the right protective equipment, they can inhale the dust, where it can cause real damage to the vulnerable tissues in their lungs. Based on limited sampling and some conservative assumptions about control equipment and exposure duration, Bernhardt, Kincaid, and …

July 30, 2009 by Sidney Shapiro
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On Tuesday, the White House announced the appointment of Dr. David Michaels to head the Occupational Safety and Health Administration (OSHA). An epidemiologist and a professor at George Washington University’s School of Public Health and Health Services, Michaels will bring substantial expertise and experience to the job. Besides being an active health research – he studies the health effects of occupational exposure to toxic chemicals – he has also written impressively on science and regulatory policy. His book, Doubt Is Their Product: How Industry’s Assault on Science Threatens Your Health, offers extensive evidence of how regulatory entities spend millions of dollars attempting to dismantle public health protections using the playbook that originated with the tobacco industry’s efforts to deny the risks of smoking. He is also an experienced public health administrator, having served as the Assistant Secretary of Energy for Environment, Safety and Health in the …

July 23, 2009 by Rena Steinzor
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This post is co-written by CPR President Rena Steinzor and Policy Analyst Matt Shudtz.

Just as the traditional media finished a breathless cycle of reporting on how prospective Supreme Court Justice Sonia Sotomayor had renounced her claim that a “wise Latina” would make different decisions than a white man, an article in USA Today reminded us of the need for many more wise Latinas in the corridors of power in Washington. According to data compiled by the Bureau of Labor Statistics, workplace deaths of Hispanics have increased by 76 percent since 1992, even though total fatalities in all jobs nationwide dropped by almost 10 percent.

What explains these tragic figures? Admittedly, there are simply more Hispanic workers in the United States today.

And the jobs involved are the meanest and the dirtiest. In 2003, 42 percent of workers in the meat and poultry industry, which includes dangerous …

March 6, 2009 by Rena Steinzor
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The Occupational Safety and Health Administration (OSHA) is the most maligned and least respected federal agency with responsibility for protecting people’s lives. Now that Hilda Solis has been confirmed as Secretary of the Department of Labor, we can only hope that a new OSHA administrator with a strong stomach, an iron will, and a “yes we can” attitude will be chosen to take over this troubled agency.

 

Workplace injuries and illnesses numbered 4.1 million in private sector workplaces for 2006, or an average of 4.4 per 100 workers, down from 10.9/100 in 1972. Unfortunately, in all likelihood, these figures substantially understate the true incidence of injuries and illnesses. Recent studies by independent economists suggest that actual injuries may be as much as 30 to 69 percent higher than Bureau of Labor Statistics estimates. A total of 5,488 fatal work injuries were …

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