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OSHA Withdraws More Rules Than It Makes, Reviews Find

By Cindy Skrzycki
Tuesday, October 5, 2004; Page E01

It's no secret that the Bush administration prefers voluntary, collaborative efforts on the part of companies to improve their safety records. Since the administration took over in 2001, the Labor Department's Occupational Safety and Health Administration has forged hundreds of agreements with companies and business associations to improve their safety records while rulemaking has been sharply curtailed.

According to OSHA Assistant Secretary John Henshaw, the approach has resulted in safer workplaces with fewer fatalities, injuries and illnesses -- what he calls the triple bottom line. "I've seen what works and doesn't work on the shop floor," said Henshaw, reflecting his own career as a safety and health professional at chemical companies, Monsanto Co. and Astaris LLC, before he came to the safety agency.

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Government Printing Office provides the text of rules.
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OMB Watch is a public interest group that monitors the Office of Management and Budget.
The Mercatus Center at George Mason University provides conservative analysis of rules.
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But labor unions and some watchdog groups would rather OSHA play its more traditional role, issuing regulations.

"We have a preference for an actual regulation that is enforceable and fair across the board," said J. Robert Shull, senior regulatory policy analyst at OMB Watch, a nonprofit group funded mostly by foundations that has three union officials among its 15 directors.

Adds Peg Seminario, director of occupational safety and health for the AFL-CIO: Setting and enforcing standards is part of their mission. "So why aren't they?"

Since fall 2000, the agency has not been regulating in the traditional sense, OMB Watch found in a series of reviews. Twenty-four rules that were in some stage of development on OSHA's agenda were withdrawn by the administration. Nine rules were completed, but none were major and several were related to recordkeeping.

In examining the agency's December 2003 and June 2004 regulatory agendas, which track the progress of its rules, OMB Watch found that that since last December, OSHA has revised a rule on commercial diving operations, reexamined one on mechanical power presses and changed how musculoskeletal disorders are reported. It completed one rule, to protect shipyard workers from fire hazards, and yesterday proposed new standards to protect workers from hexavalent chromium, a chemical used in chrome plating. That was under a court order.

"It's a meager output. It's the black hole of government," Shull said. "OSHA cleared the decks of its agenda. Just swept it clean." His group maintains that gutting the agency's regulatory agenda is a sop to business, which won a big victory when the Bush administration cancelled a final rule to protect workers from ergonomic injuries.

Early in the Bush administration, Henshaw said he didn't put much stock in the regulatory agenda, calling it a wish list that contained proposals that had been incubating for years with no result. He said he preferred a "to-do" list -- which OMB Watch now calls a "do-nothing" list.

That list has 24 items, including whether employers have to pay for protective equipment for their workers.


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