The issue of workplace safety is once again becoming a hot topic on Capitol Hill. With Democrats running the show, this means that efforts to increase regulation and enforcement actions by the Occupational Safety and Health Administration (OSHA) are in the works. Recent hearings on a variety of OSHA issues provided an ominous discussion of legislative efforts to come.

Reporting Workplace Injuries

The Occupational Safety and Health Act of 1970 requires the Department of Labor to collect statistics on describing the extent of injuries, illnesses and fatalities in American workplaces and requires employers to keep accurate records of these incidents. However, some doubt has been cast on the accuracy of these statistics by academic studies and in media reports.

House Education and Labor Committee chairman George Miller (D-Calif.) recently held a hearing titled “The Hidden Tragedy: Underreporting of Workplace Injuries and Illnesses.” Although the hearing proved to be little more than a forum for skeptics to verbally slap around American employers, charging that they are not reporting workplace injuries in the hope of avoiding an OSHA inspection, it did foreshadow that the Democratic Congress is looking to increase the amount of injury reporting and force employers to take further action to ensure worker safety.

“This flawed system gives employers an incentive to underreport injuries,” chairman Miller said. “The fewer injuries and illnesses an employer reports, the less likely it will be inspected by OHSA and the more likely it will pay lower premiums for workers compensation.” Democrats on the committee echoed these sentiments and often referred to a new committee report on the subject of injury reporting. The report indicated that although most employers are required by OSHA law to report, millions of public employees and self-employed workers are not required to report injuries and illnesses to the Labor Department.

Of course, testimony from the employer side challenged these claims and even implied that the idea of a chronic problem of underreporting was a “myth.” In a strong statement by the U.S. Chamber of Commerce, a witness said that data from OSHA’s own audits show a minimal underreporting record and that by and large “employers are doing a good and conscientious job.”

Enforcement of Construction Safety

Five days after the hearing on reporting of workplace injuries, chairman Miller’s committee was at it again, this time beating up OSHA for what many Democrats regarded as gross under-enforcement of OSHA safety regulations. This hearing came in the wake of two major crane accidents in New York and following several construction-related deaths in Las Vegas over the past several months.

“There’s no question that construction is inherently a dangerous job — no one here would argue that,” chairman Miller said. “The question is whether more can be done to prevent accidents and make the industry safer.” Miller went on to say that OSHA entirely lacks the resources needed to cover the thousands of construction sites, adding that he has “nothing but praise for the dedication and work that those few valiant inspectors perform every day, but they are faced with an impossible task, and the root cause of that problem lies here in Washington.”

OSHA chief Ed Foulke countered that the agency had enhanced its already intensive enforcement program and that the fatality rate in construction has declined by some 20 percent since 2001. Foulke went on to describe OSHA’s enforcement program as well as regulatory activities related to Hexavalent Chromium, fall protection, work zone safety on America’s highways and roads, trench safety, protection from electrocution, hearing loss prevention, outreach to the Hispanic-speaking community and other safety training initiatives.

“OSHA is committed to enhancing construction safety, to continuing to provide employers and employees with safety information and to ensuring that worksites comply with existing safety regulations,” Foulke said. “I assure the committee that construction safety is a top priority for OSHA and that we are striving to ensure that all employees return safely to their families and friends at the end of every work day.”

Protecting America’s Workers Act

On April 25, the AFL-CIO released a report that indicated that more than 5,700 U.S. workers were killed on the job and another 4.2 million workers were injured. A day later, companion legislation was introduced in the House and Senate aimed at expanding OSHA’s jurisdiction, increasing penalties on employers and increasing “whistleblower” protections. The Protecting America’s Workers Act (HR 2099/S 1244) — introduced by Reps. Lynn Woolsley (D-Calif.); Phil Hare (D-Ill.); Sens. Edward Kennedy (D-Mass.); and Patty Murray (D-Wash.) — would:

• Expand OSHA Jurisdiction to cover federal, state and local government employees and some private sector employees not within OSHA’s jurisdiction
• Increase penalties against employers for repeated and willful violations of the law, including possible felony charges in cases where repeated violations lead to a death or serious injury
• Increase protections for workers who blow the whistle on unsafe workplace conditions
• Enhance public “right to know” requirements regarding safety violations
• Clarify that employers must provide personal protective equipment such as goggles, gloves, respirators, etc.
  

“Since the passage of the Occupational Safety and Health Act in 1970, thousands of lives have been saved, but too many people still die at work and millions more become injured or sick,” said Woolsey, chair of the House Subcommittee on Workforce Protections. “This administration has a dismal record on health and safety. OSHA has fallen down on its job and turned its back on workers. With this bill, we can make OSHA mean something again and can further the most important goal — to ensure a safe and healthy workplace for all workers.”

Both bills were referred to their respective committees, and while passage is not likely this year, the legislation has significant support in both the House and Senate.

Not that we need any more bad news regarding increased legislative and regulatory headaches related to OSHA issues, but it’s only a matter of time before a new ergonomics standard finds its way into the congressional debate. The fight to get OSHA’s proposed regulation on confined spaces in construction continues and that will be a multi-year fight. Indeed, it seems that the term “OSHA reform” is still alive and well, although “reform” according to the Democratic majority has a much different meaning from what it did when the Republicans were in charge only a few years ago.

As always, NUCA is on the frontlines, monitoring and fighting unwarranted and burdensome legislation that would increase already intensive federal regulation and enforcement of worksite safety. And we’re happy to do it.

Eben Wyman is NUCA Vice President of Government Relations.