Capitol Hill

After taking control of Congress in the 2006 election, Democrats have taken aim at the Occupational Safety and Health Administration (OSHA) based on a belief that the agency is not aggressive enough.

However, what began as quiet hearings in this Congress' first session has escalated.

An emergency standard

In April 2007, the House Subcommittee on Workforce Protections and Senate Subcommittee on Employment and Workplace Safety held hearings regarding OSHA's regulation of workplace hazards. Of concern was diacetyl, a compound associated with a debilitating lung condition that is used in butter flavoring for microwave popcorn. The United Food and Commercial Workers International Union petitioned OSHA for an emergency standard, but data is insufficient to develop a permissible exposure limit (PEL).

Nonetheless, on June 13, 2007, Rep. Lynn Woolsey (D-Calif.), who chairs the Workforce Protections Subcommittee, introduced H.R. 2693, the Popcorn Workers Lung Disease Prevention Act, which would require OSHA to issue an interim final standard for diacetyl exposure—including engineering controls—within 90 days of the bill's enactment and a final standard within two years of enactment. The bill also would require employers to develop written exposure control plans and conduct medical monitoring of employees.

H.R. 2693 would skip OSHA's rulemaking process and mandate a regulation where there is no data indicating an appropriate PEL. The OSHA Fairness Coalition, of which NRCA is a member, opposes the bill, and the White House also issued a statement of opposition. But on Sept. 26, 2007, the House passed the bill by a vote of 260-154 and sent it to the Senate, where it was referred to the Health, Education, Labor and Pension Committee.

Increased penalties

In April 2007, Sen. Edward Kennedy (D-Mass.), who chairs the Senate Health, Education, Labor and Pension Committee, introduced S. 1244, the Protecting America's Workers Act, and Rep. George Miller (D-Calif.), who chairs the House Education and Labor Committee, introduced a companion bill, H.R. 2049. The bills would increase civil and criminal penalties against employers, expand whistleblower protections, allow workplace accident victims to intervene in investigations and remove the requirement that a death occur in the workplace before criminal penalties against employers can be implemented.

The OSHA Fairness Coalition believes the legislation views all employers as negligent and would not improve workplace safety. Both bills have yet to be voted on.

Eliminating OSHA authority

In October 2007, the House Education and Labor Committee approved H.R. 2768, the Supplemental Mine Improvement and New Emergency Response Act. A section of the bill would mandate that the Mine Safety and Health Administration issue as PELs any exposure limits recommended by The National Institute for Occupational Safety and Health. The bill would eliminate the rulemaking process and input from affected employers and could serve as a model for mandating OSHA to revise its PELs. On Jan. 16, the House passed the bill, and now it must be taken up by the Senate.

Additionally, H.R. 5522, the Combustible Dust Explosion and Fire Prevention Act of 2008, would make OSHA adopt National Fire Protection Association voluntary standards for combustible dust within 90 days of the bill's enactment. Despite opposition from the OSHA Fairness Coalition and a veto threat from the White House, the bill passed the House April 30 and was sent to the Senate.

Gaining momentum

Congressional momentum from Democrats is building to force OSHA to adopt regulations without input from NRCA or other business organizations. Additionally, Democrats are seeking tougher OSHA penalties.

All of this portends big changes in OSHA policy should Democrats win the White House this fall.

Craig S. Brightup is NRCA's vice president of government relations.