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May 14, 2018 by Katie Tracy

Trump's OSHA to Roll Back More Worker Safeguards, Slow Walk Others

The White House released its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions on May 9 with little fanfare. A close examination of the agenda for the Occupational Safety and Health Administration (OSHA) shows that protecting worker health and safety is anything but a priority for the Trump administration. Rather, the agency will continue to focus on weakening worker protections.

OSHA's spring agenda lists 20 planned activities – 15 carryovers from the fall agenda, four agenda items moved from the agency's list of long-term actions to now in play, and one new activity.

The 15 carryover items include 14 announcements of delays, ranging from one to seven months. For example, one carryover on the agenda is the agency's plan to weaken the 2017 beryllium standard by easing safety requirements on the construction and maritime industries. The standard protects workers from chronic disease and lung cancer, but the Trump administration seems to be in no hurry, delaying enforcement of the standard while it considers revoking provisions of the rule that the industry finds inconvenient. The agency says it still intends to finalize the revised standard but is sliding back its deadline by three months, from September to December 2018.

OSHA is …

Nov. 2, 2017 by Katie Tracy
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Scott Mugno, Vice President for Safety, Sustainability, and Vehicle Maintenance at Fed Ex Ground in Pittsburgh, Pennsylvania, is President Trump's pick to head the Occupational Safety and Health Administration (OSHA). Although whispers of Mugno's possible nomination had spread across Washington, D.C., over the past several months, not much has been said about his credentials for the job. One major concern is Mugno's connection to the notoriously anti-regulatory U.S. Chamber of Commerce, for which he is currently the chairman of the OSHA subcommittee of the group's Labor Relations Committee. And as Jordan Barab, former Deputy Assistant Secretary of Labor at OSHA, highlights in his excellent blog post on the nomination, Mugno expressed interest in sunsetting OSHA standards in comments he made at a Chamber event last year. 

When Mugno goes before the Senate Health, Education, Labor and Pensions Committee for confirmation hearings, it will be imperative …

Aug. 11, 2016 by Katie Tracy
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Last month was the hottest July on record for several cities across the southern United States, thanks to a heat wave that brought extreme temperatures to most of the country. But even when temperatures aren't record-breaking, extreme heat can be dangerous and potentially fatal if proper precautions aren't taken. Between 2003 and 2012, more than 30 workers died annually from heat-related illnesses and injuries, according to the Occupational Safety and Health Administration (OSHA). In 2014, 18 workers died and another 2,630 workers suffered injuries or illnesses related to excessive heat exposure. Yet OSHA has repeatedly declined to adopt a national standard, instead offering guidance to employers on preventing heat-related illnesses. 

Excessive heat exposure is a widely recognized occupational hazard for outdoor and indoor workers that can cause illnesses ranging from cramps to death. Heat can also raise the risk of injuries due to variations in working …

June 30, 2016 by Brian Gumm
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NEWS RELEASE: New Report: When OSHA Gives Discounts on Danger, Workers Are Put at Risk

As Agency Prepares to Increase Maximum Penalty Levels for Workplace Health and Safety Violations, It Should Reexamine Settlement Policy

Workplace health and safety standards exist for a reason. When companies ignore them, they put their workers in significant danger. Every year, thousands of workers die on the job in the United States, and many more are seriously injured. Unfortunately, the Occupational Safety and Health Administration's (OSHA's) tools to hold employers accountable for endangering workers have been woefully inadequate for decades. While some of those tools are slated to become stronger, a new report from the Center for Progressive Reform (CPR) shows that the agency needs to seize the moment to reassess additional policies to better deter violators and prevent worker deaths and injuries. 

The CPR report, OSHA's Discount on Danger: OSHA Should …

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 …

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 …

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 …

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 …

Nov. 10, 2010 by Matt Shudtz
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Every year, OSHA mails a letter to about 15,000 employers who run high-hazard worksites, warning them that their most recent annual injury and illness rates were well above average. According to OSHA,

For every 100 full-time workers, the 15,000 employers had 4.5 or more injuries or illnesses which resulted in days away from work, restricted work or job transfer. The national average is 2.0.

The letters went out in March, but I just got around to digging into the list of recipients (zip file), and thought I’d share some analysis that I haven’t seen anywhere else. Sorting the list by industry code, I put together a chart of the industries that received the most total letters -- down through the top 10 percent of them. The chart gives some additional detail (like the percent of surveyed employers who received letters in each …

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