Synergist - August 2009

AIHA appreciates how quickly the agency has moved on these issues. Now, if only we could convince OSHA to require that every contract funded by stimulus dollars include an occupational safety and health professional on staff…

Pandemic Flu Preparations

Having just averted the first outbreak of H1N1 (“swine flu”), Congress decided— following years of warnings—to hold a hearing about preparations for the pandemic flu. At the hearing, lawmakers urged that a single federal agency take the lead, which sounds logical.

However, participants could not agree about who should be in charge. The Department of Health and Human Services (HHS) said that the responsibility for pandemic flu preparations should rest with OSHA and HHS. The Department of Homeland Security said the effort should be led by the Office of Personnel Management. And the Government Accountability Office (GAO) said that all agencies should take a leadership role. All OEHS professionals should hope the leadership question is addressed before we face a real threat.

OSHA to Evaluate VPP Program

Following a GAO report on the VPP issued in mid-June, which recommended improved oversight and additional controls on program participants, OSHA announced that it will address the problems identified in the report.

The report found that, although OSHA more than doubled the number of worksites in the program from 2003 through 2008, 12 percent of the participating worksites had an injury and illness rate higher than rates for their industry. The goal is for participating sites to have injury and illness rates of 50 percent less than their industry average.

Earlier this year, the Obama administration was thought to be considering eliminating the VPP program and alliances in general. Now the GAO report gives Congressional Democrats and the administration ample reason to take a close look at this program.

Globally Harmonized System In late May, OSHA sent a proposed rule to the White House Office of Management and Budget to implement the Globally Harmonized System (GHS) of Classification

and Labeling of Chemicals. OSHA says the proposal will modify the hazard communication standard from performance-based to specification-oriented.

Some observers believe the proposal must also be reviewed by a small business panel because of its potential to impose costly new requirements on business. Proponents say the GHS will facilitate international trade and allow small chemical manufacturers to participate more easily in global markets.

OSHA says it intends to publish the proposal in October and will hold public hearings after publication. But final implementation of this proposal will likely take a long time.

WASHINGTON INSIDER | COLUMN Nanotechnology

Ergonomics

With a new administration in town, organized labor has again raised the issue of an ergonomics standard. But enacting a standard is easier said than done. While OSHA has announced that the agency will continue to push for an ergonomics standard and a more targeted enforcement approach, the agency is much more likely to continue using the general duty clause to cite ergonomics violations.

This issue has the potential to cause considerable problems. If the agency decides to move forward with an ergonomics proposal, industry will likely respond with an organized campaign to oppose it. A protracted battle over ergonomics would harm any possibility of industry and organized labor working together on other issues in this administration.

IAQ Standard on the Horizon? More than a decade has passed since OSHA’s last attempt to enact an indoor air quality (IAQ) standard. Now the agency is signaling that it may consider IAQ guidelines. This news came after the agency met with the American Federation of Teachers, which expressed their wish for the agency to enact a standard. A standard is unlikely, but don’t be surprised if the agency accepts input for guidelines.

AaronTripplerdirectsgovernmentaffairsformore than70localsectionsandservesasAIHA’schiefliai- son with Congress and federal agencies. He can be reached at (703) 846-0730 or atrippler@aiha.org.