Washington Insider
Congress Is Just Getting Started
BY AARON TRIPPLER, DIRECTOR, AIHA® GOVERNMENT AFFAIRS
After finally agreeing on the budget for
fiscal year 2011, Congress turned its attention to a number of bills introduced
this spring. While approximately 3,000
bills have been introduced, only a few
directly impact occupational health and
safety, and most of have a low chance
of passing.
Federal Legislation
Several bills focus on regulatory actions,
compliance, and guidelines. The Regulation Moratorium Act (HR 1235) and the
Restoring Economic Certainty Act (HR
1281) would call for the evaluation of
certain federal regulations and temporary moratoriums on the issuance of new
regulations. Other bills target worker
protections and institute certain rights
for the families of victims of workplace
accidents.
The Robert C. Byrd Mine and Work-
place Safety and Health Act (S 153)
would improve compliance with mine
and occupational safety and health laws,
empower workers to raise safety concerns, and establish the rights of families
of victims of workplace accidents. While
Democrats and Republicans both support
parts of this legislation, the bill is not
likely to pass in its current form.
The Voluntary Protection Program Act
(S 807 and HR 1511) would make the
Voluntary Protection Program (VPP) a
permanent part of OSHA’s mission. The
bill would also require that businesses
not be charged to participate in the program. If enacted, OSHA must implement
the program within two years. This legislation has a chance of passing due to
substantial bipartisan support.
The Safe Chemicals Act (S 847) would
amend the Toxic Substances Control Act
(TSCA) to require manufacturers to submit specified information on new and
existing chemical substances, provide for
prioritization of chemical substances
based on specified criteria, and provide
for the release of unclassified information. While TSCA reform has considerable support, enactment will be difficult.
Recording Occupational Injuries and
Illnesses (HR 128) would require site-controlling employers to keep a log of
all recordable injuries and illnesses occurring among all employees on a particular site, including temporary
employees and those employed by contractors or employee leasing services.
This bill has little chance of passing.
The Protecting America’s Workers Act
(HR 190) is the reintroduction of the
major OSHA reform measure and would
expand coverage under the OSH Act,
increase protections for whistleblowers,
increase penalties for grave violations,
adjust penalties for inflation, and provide rights for victims or their family
members. While parts of this legislation
have the support of both Democrats and
Republicans, the bill is not likely to pass
in its current form; however, issues
within the bill may be introduced as separate measures.
The Worker Protection against Combustible Dust Explosions and Fires Act
(HR 522) would require the Secretary of
Labor to issue an interim occupational
safety and health standard regarding
worker exposure to combustible dust followed by a final rule. Congress is unlikely to pass this legislation.
The Ensuring Worker Safety Act (HR
571) would require a heightened review
process of state occupational safety and
health plans by the Secretary of Labor,
and would provide for greater flexibility
for OSHA to oversee state plans. The
state plans’ opposition to increased oversight makes this bill unlikely to pass.
The Robert C. Byrd Mine Safety Protection Act (HR 1579) would provide for
additional inspection and investigation
authority, enhanced enforcement authority, civil and criminal penalties and liability, and miners’ rights and protections,
and modernize health and safety standards. Both Democrats and Republicans
support some of this legislation, but the
bill is not likely to pass in its current
form.
Additional Reform Legislation
OSHA reform legislation introduced in
the last session of Congress contained a
provision that required abatement of a
hazard during a contest of the citation.
The legislation didn’t pass, but an OSHA
analysis identified at least 30 appealed
cases from 1999 to 2009 where a fatality
occurred at the same site before the appeal was resolved. Some employers argue
that abating hazards before the appeal is
settled could have substantial costs, but
there should be some sort of compromise
to ensure that these hazards don’t
threaten worker health and safety.
Aaron Trippler directs government affairs for more
than 70 local sections and serves as AIHA’s chief liaison with Congress and federal agencies. He can
be reached at (703) 846-0730 or atrippler@aiha.org.
