This year is the Occupational Safety and Health Administration's (OSHA's) 35th year of existence. According to the U.S. Department of Labor's Bureau of Labor Statistics, since the agency opened in 1971, occupational deaths have decreased 62 percent and injuries have declined 42 percent.
In fiscal year 2005, OSHA had roughly 2,220 employees, including 1,100 inspectors. The agency's appropriation from Congress for that year was $468.1 million. OSHA's budget increased to $472.4 million in fiscal year 2006, and the Bush administration has requested $483.7 million for fiscal year 2007. However, these figures only tell part of the spending story.
Section 18 of the Occupational Safety and Health Act of 1970 encourages states to develop and operate their own job-safety and health programs. Federal OSHA approves and monitors state plans, and 26 states operate OSHA-approved state plans instead of federal OSHA enforcement.
But the biggest component of total domestic spending for workplace safety is spent by companies in the private sector. Such safety programs often have developed "organically" within industries and led to dramatic reductions of workplace injuries and fatalities since data started being collected nationally before World War II.
Just the facts
A variety of methods have been used to estimate work-related deaths during the years, but the National Safety Council, chartered by Congress, has what is considered to be the most reliable and consistent tabulations per 100,000 workers going back to 1933. And according to its data, occupational fatalities have been declining since 1938.
In 1938, there were 38 deaths per 100,000 workers. By 1969, before passage of the OSH Act of 1970, the number had declined dramatically to 18 deaths per 100,000 workers. Clearly, the private sector was engaged in systemic efforts to improve safety conditions throughout the U.S. even before the advent of OSHA.
Safety regulations
In addition to being an enforcement agency, OSHA is a standard-setting body that generates safety and health regulations. And during the 1990s, many of these regulations generated intense controversy in the roofing industry.
On Aug. 9, 1994, OSHA finalized its Fall Protection Standard for Subpart M that became effective Feb. 6, 1995, and lowered to 6 feet the height trigger for required safety equipment and work practices. The rule touched off a protest that led to a June 15, 1995, congressional hearing featuring several NRCA witnesses. As a result, Congress intervened and OSHA made changes to the rule acceptable to all stakeholders.
Congressional oversight
During the 1990s, OSHA formulated its 600-page ergonomics standard and an even lengthier Safety and Health Program Management Standard that included the ergonomics standard. Oversight hearings were held for both in response to concerns from the small-business community. These hearings played a crucial role in keeping the Safety and Health Program Management Standard bottled up and set the stage for congressional repeal of the ergonomics standard when President Bush took office in 2001.
The future
The Bush administration curtailed promulgation of many questionable OSHA regulations and has worked with the business community to achieve lower worker injury and illness rates. In March, the Senate confirmed Edwin W. Foulke Jr., whose nomination NRCA supported, as assistant secretary of labor for OSHA. As such, NRCA's excellent dialogue with OSHA can be expected to continue for the foreseeable future.
However, by its 40th anniversary, OSHA easily could revert to its previous form of controversial regulations and dubious citations. This is one reason NRCA's political action committee, ROOFPAC, works to elect pro-business candidates to Congress should congressional oversight be necessary.
For more information, please contact NRCA's Washington, D.C., office at (202) 546-7584.
Craig S. Brightup is NRCA's vice president of government relations.
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