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Democrats turn their
attention to OSHA
With the change in Congress last November we knew
it was only a matter of time before House and Senate Democrats turned
their attention to OSHA reform. This week there will be two hearings
dealing with OSHA matters, one in the House and one in the Senate, and
we have just learned that both Senator Kennedy and Rep. Miller plan to
introduce broad OSHA reform bills to coincide with these hearings.
Below are the details:
Senate Health committee chair Edward Kennedy
(D-MA) and House labor committee chair George Miller (D-CA) plan to
introduce OSHA reform bills similar to the broad OSHA reform bill
Kennedy sponsored in previous Congresses. Kennedy's bill, which is also
sponsored by Sen. Patty Murray (D-WA), will extend OSHA protections to
federal workers and others not currently covered, increase penalties,
provide whistleblower protections, increase the public's right to know
about safety violations, and clarify that employers are required to
provide safety equipment to their workers, according to a bill summary
(see below). A Miller spokesperson said Miller's bill will be similar to
Kennedy's. Miller's bill may also include provisions beyond those in
Kennedy's bill.
Kennedy and Murray are circulating a “Dear
Colleague” letter, to drum up support for the bill and seek original
cosponsors. “There are many things we can and must do to provide greater
protections for the nation's workers. More workers deserve to be
covered. Stronger enforcement will help eliminate hazardous conditions
before, not after, workers are injured or killed. Our Federal agencies
should develop better safety standards to address not only existing
risks at work, but also the likelihood of future hazards caused by
newly-developed chemicals and innovative technologies,” the letter
states.
The bill summary states that the legislation would
apply to more than 8.5 million workers currently not covered by OSHA's
protections, who include federal, state and local public employees, as
well as flight attendants and state correctional officers. The bill
would increase penalties for employers who commit willful OSHA
violations that result in a worker's death or serious injury, making
felony charges available for such employers. Current law only allows
employers to be charged with a misdemeanor when a willful OSHA violation
leads to a worker's death, the summary states. The bill updates OSHA
civil penalties, as well, with a minimum penalty of $50,000 if a willful
OSHA violation leads to a worker's death. OSHA's civil penalties have
remained unchanged since 1990, according to the summary. The bill would
update whistleblower protections by adopting administrative procedures
from laws like the Surface Transportation Act that have been successful.
OSHA's whistleblower protections remained unchanged since 1970, the
summary states. Kennedy's bill would also require the Department of
Labor to investigate all deaths or serious injuries, give the right to
workers and their families to meet with investigators, and require
employers to inform employees about their rights under the OSH Act. And
finally, the bill would clarify that employers must provide workers with
safety equipment, including personal protective equipment.
The Senate Appropriations labor subcommittee also
plans to probe OSHA’s slow pace in issuing ergonomics guidelines, which
the agency promised to draft when its ergonomics standard was repealed
by Congress many years ago, as part of an incremental focus on
ergonomics.
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