Occupational Safety and Health-Can We Rise Again?
Our Government Protections Face Attacks on Four Fronts
- Administration policies and practices which conciliate industry. The
Bush Administration poses an extreme new threat. OSHA inspections were near a
ten-year low, and new standards were stalled in the Clinton Administration. Now
OSHA is dominated by management. Their rhetoric is to substitute inspections and
orders to abate hazards with vague promises of "partnerships." The fundamental
problem remains that there are barely 2,000 inspectors nationwide for six million
workplaces and 100 million workers. Health and safety standards are frozen in
the 1960's even after we have entered the 21st Century.
- Budgets that starve enforcement and research agencies. We need more
federal and state OSHA inspectors, not fewer. We know that level funding of worker
protections agencies is really a cut due to inflation and increases in the workforce.
Having squandered the budget surplus on tax cuts for the rich, congressional conservatives
now plead budget poverty against requests for more protection.
In addition, conservatives in Congress and the Administration try to divert OSHA
funding from inspections to providing free consultation visits to employers. Although
research on workplace health hazards is a life and death matter for workers, NIOSH
lagged behind other health agencies' funding even when the federal budget ran
a surplus.
- Legislation to undermine the fundamental structure of OSHA and MSHA.
Conservative-dominated labor committees in both the House and in previous Senates
passed comprehensive OSHA "deform" packages in past sessions of Congress.
These bills limit rights of workers to get OSHA inspectors to investigate workplace
hazards and allow warnings instead of citations even for serious violations of
the law. These bills also allow management to establish employer-dominated safety
and health committees and other employee participation schemes that are in violation
of the National Labor Relations Act. They seek to penalize workers while immunizing
employers who violate the law. Because moderates now control the Senate, we expect
piecemeal attempts to chip away at workers' rights rather than a full frontal
assault.
- Interference from the Office of Management and Budget (OMB) could make
it harder to set new health and safety standards. OMB, a branch of the White
House, can block OSHA standards directly or order new procedures that would place
more obstacles to implementing needed OSHA and EPA protections. President Bush
appointed a well known opponent of health and safety standards, John Graham, to
head that part of OMB and we are concerned about his role as regulatory "czar."
In addition, we must remain vigilant against "risk assessment" and so-called
"regulatory reform" legislation which would also make it more difficult
to enact public health and safety protections. Such legislation was barely defeated
in the past and unfortunately has support among some key Democrats.
Next: Moving Forward
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