OSHA Comes Under Annual Fire

Every April 28 since 1989, labor organizations have recognized Workers Memorial Day, a tribute to workers injured or killed in the workplace that builds awareness about workplace safety issues. The day has become a political football for lawmakers that continues to result in a clash in the House and the Senate -- and for management and staff of the Occupational Safety and Health Administration (OSHA), the day brings severe criticism of its activities.

Last year, OSHA critics charged that the agency was not fulfilling its mission and failing to bring about new standards needed for the protection of American workers. The Senate Health Education and Labor Committee Subcommittee on Employment and Workplace Safety called a hearing at which an AFL-CIO official stated that under the Bush Administration, OSHA has focused on voluntary safety efforts at businesses rather than establishing mandatory standards and industry-wide enforcement initiatives.

OSHA critics contend that the agency has the requisite resources and staff to set more standards than it has set in the last two years, during which time it has set only one standard considered "significant," i.e. the regulation has an impact of $100 million or more annually and is subjected to review by the Office of Management and Budget. But OSHA points out that there has been a decline in workplace injuries and illnesses, including a 17 percent reduction since 2002, according to The Wall Street Journal.

Senator Edward Kennedy (D-MA) last year resurrected a bill that had been kicking around Congress for several years proposing harsh penalties for employers that violate safety laws, increased protections for whistleblowers, and providing protective equipment for workers at employers' expense. Proponents of the Bill knew that if it ever hit the President's desk, it would be vetoed.

This year, the heated debate in both the House and the Senate continues as Workers Memorial Day approaches. OSHA management calls the discussion partisan attacks but Democratic leaders contend that OSHA has not done enough to correct some specific safety issues, including those relating to the 2005 explosion at a BP PLC refinery that resulted in the deaths of 15 people.

The Journal reports that morale at OSHA is pretty low these days as it faces continued scrutiny.