New OSHA safety bill passes committee
New OSHA safety bill passes committee
Big changes may be coming for occupational health. A Senate committee has voted in favor of a bill proposed by Sen. Michael Enzi (R-WY) that would overhaul the 1970 Occupational Safety and Health Act, the backbone of all federal safety standards and requirements.
His Safety Advancement for Employees Act (SAFE Act) would alter the structure of the Occupational Safety and Health Administration (OSHA) so that it would no longer be solely responsible for inspecting American workplaces for compliance with health and safety requirements.
In addition to OSHA inspectors, private consultants such as occupational health professionals would inspect workplaces for violations of federal safety regulations. If the bill passes Senate and House votes, it could lead to a major increase in potential business for occupational health providers.
The first version of the bill was defeated in 1997, when Democrats and labor unions criticized it as a way to weaken federal safety regulations. The Senate Labor Committee approved the SAFE Act in 1997, but it did not make it to the Senate floor for a vote.
Specifics on use of private consultants
In the latest attempt, the Senate committee approved the bill in a 10-8 vote. Democrats had attempted unsuccessfully to make numerous changes to the bill, but one significant change was approved on the suggestion of Sen. Sam Brownback (R-KS). The change specifies that consultants must have 10 years of expertise in safety to qualify as an independent safety consultant and inspect work sites.
Private consultants should be used for the inspections because OSHA can’t handle the job itself, Enzi says. There simply aren’t enough inspectors to visit the number of work sites that should be inspected, he tells Occupational Health Management. In addition to that change, the SAFE Act would allow employers to avoid inspections for one year if they work with an OSHA consultant to improve safety and health. Employers also would be free from civil penalties if they do what the consultant says is necessary to improve safety.
OSHA chief Charles Jeffress, assistant secretary of labor, testified before the committee and made it clear that he did not support the Enzi bill. In comments sure to rile some occupational health providers, he suggested to the committee that private consultants would not be as objective and reliable when inspecting work sites because they are "driven by the market, not a mandate to protect employee safety and health." He also stated that "the consultant would be pressured to sell penalty exemptions without rigorously inspecting workplaces in order to create business."
[For more information on the bill, contact: Sen. Michael Enzi, United States Senate, Washington, DC 20510-5004. Telephone: (202) 224-3424. E-mail: [email protected].]
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