Even before he goes under the microscope in Congress, we already know some important workplace safety and health opinions held by David Michaels, President Obama’s nominee to head the Occupational Safety and Health Administration. It probably comes as no surprise that he favors more regulations for businesses.
Michaels’ experience is as a researcher and scientist. His background shows in testimony he gave to Congress two years ago. His topic: Is OSHA working for working people? His answer: No.
Michaels called the number of preventable work-related injuries and illnesses occurring in the U.S. “unacceptably high.”
Why is that? Michaels said, “OSHA enforcement does not appear to be effective in further reducing injury rates.”
How would he fix that? Michaels said, “It is time for the agency to start using [the general duty clause] again.” That clause allows OSHA to issue citations and fines against companies for hazards that aren’t specifically spelled out in the Occupational Safety and Health Act.
He’d also require companies to draft their own Comprehensive Workplace Safety and Health Program Standards. Every employer would be required to develop and follow a hazard reduction plan.
When an OSHA inspector visits, the first determination would be if managers were meeting the facility’s own plan. If not, they’d be in violation, end of discussion.
When it comes to chemical exposure limits, Michaels called for Congress to require OSHA to adopt national consensus standards issued by independent organizations such as The American Conference of Industrial Hygienists. Result for businesses: more regulations approved faster.
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Tags: David Michaels, general duty clause, Obama's OSHA nominee
August 6th, 2009 at 7:03 pm
As a business owner who has been fined by OSHA as an “unsafe” workplace, I have a very strong opinion about piling on more regulation.
Are current laws actually being applied properly? I doubt it, and here’s why.
Our massage therapists, unfortunately, often develop repetitive use injuries working a schedule that is far less than 40 hours a week. This is due to using improper body mechanics, a behavior I cannot prevent, let alone, supervise in a private treatment room. Despite additional training and awareness, and options for pre and post shift preventive care, these injuries continue to occur. I cannot control it.
We are our work comp insurer’s poster children for safety and compliance. They frequently compliment us on our knowledge and our application of best practices.
However, because of our “numbers,” OSHA has fined us as an “unsafe” workplace, lumping us in with willful polluters and truly dangerous workplaces. In our case, OSHA regulations are certainly over-applied and unnecessary.
I would like to understand how we can do a better job with what we have before we pile on more regulations. I suspect it has to do with the agency’s staffing and training, not a lack of protections.
Respectfully,
Peggy Wynne Borgman
President
Preston Wynne, Inc.
August 20th, 2009 at 5:59 pm
Increasingly we see legislation to fine or criminalize more “bad” behaviors. Never is “good” behavior rewarded by government. Suppose that a clean OSHA record got you a corporate tax credit? Suppose an exemplary workplace resulted in workers getting a few dollars a week more in tax relief in the paycheck? Strict enforcement never has worked alone. What kind of employees would we have without some praise and reward? Yet, government always goes down the power and control route. This needs to be broken!
August 27th, 2009 at 9:43 am
What is his background in Safety, from his comments it sounds like another Book Safety Person that has never been in the real world outside of his white lab coat, you can increase fines add jail time, but until we hold EMPLOYEES responsible for their actions, we will not change anything, except put good safe companies out of business, not do to fines but do to a bad reputation for what is on the OSHA website that does not reflect the true company.
I have went to approve subcontractors that we have worked with us in the past and pulled up the OSHA website and have seen serious violation for an inspection, have talked with the company and have seen the inspection paperwork, witness statements that have pointed to employee miss conduct and OSHA still issued a citation with over whelming evidence that the company could not have changed the out come, well they could of not hired that employee, but since you can not know how people are going to act.
Its time we as the Free start taking responsibility for our own actions, my hat is off to the International Iron Workers I.M.P.A.C.T. program, they have a statement “Standards of Excellence” that states “Cooperate with the Customer and Employer to meet their statutory, regulatory and contractual responsibilities to maintain a safe, healthy and sanitary workplace.” and they penalties for not following their standard. Great Job Iron Workers!!!