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Democrats Say Oversight Is Overdue

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Under Rep. Charlie Norwood, a Republican from Georgia, the subcommittee on workforce protections held hearings devoted to issues such as recovery of legal fees for small-business owners "when they contest unjust OSHA citations and prevail in court."

Miller said in an interview that he doesn't have a lengthy agenda but that he wants to examine the value of voluntary compliance programs and self-reporting of OSHA violations by employers.

Labor unions are expected to get some of their issues back on the agenda, especially because Sen. Edward M. Kennedy, a Massachusetts Democrat, will head the Senate Health, Education, Labor and Pensions Committee.

"Our hope is Congress will address key issues that have been ignored and gotten worse over the last six years," such as companies "dumping" their pension plans, said Bill Samuel, director of legislation for the AFL-CIO, the labor union federation.

Environmentalists and consumer advocates view the Democrats' return to power as an opportunity to reverse what they view as the dismantling of the Endangered Species Act and to push rules encouraging energy efficiency and alternative forms of energy. They also hope Congress will examine food-safety rules in light of continuing outbreaks of salmonella and E. coli in fresh produce, and scrutinize, if not repeal, tax breaks given to the oil industry.

"There has been a hands-off attitude toward business and little oversight, sending the green light that they can abuse consumers," said Gene Kimmelman, the vice president for federal and international affairs at the Consumers Union.

Lawmakers may also use the appropriations process to block or start funding for regulatory initiatives -- a tactic both parties have used for years.

For example, business groups say Democrats are likely to block funding of an Environmental Protection Agency proposal to scale back the Toxics Release Inventory report, a public database that annually catalogues the release and transfer of toxic chemicals.

The Chamber of Commerce prepared a pre-election analysis of the possible effect of a switch in the balance of power.

It included expanding provisions of the Family and Medical Leave Act; making it easier for employees to organize and harder for employers to classify workers as non-union supervisors; prohibiting health plans from having separate annual coverage limits on mental health; broadening the reach of the Americans with Disabilities Act, and allowing Medicare to negotiate with pharmaceutical companies for lower prescription-drug prices.

Look for some furious lobbying by business groups between now and the time Republican control of Congress ends, given their memories of past Democratic congresses.

"These are the same folks who brought us the Endangered Species Act, the Clean Water Act, and top-down regulatory control schemes," said Andrew Langer, manager of regulatory policy for the National Federation of Independent Business, one of the lobbies closest to the Republicans.

Cindy Skrzycki is a regulatory columnist for Bloomberg News. She can be reached atcskrzycki@bloomberg.net.


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