The Bush administration has largely replaced the process of issuing mandatory regulations with voluntary guidelines and put additional resources into other, previously existing voluntary programs, as well as new "Alliance" program. In 2004, the General Accounting Office issued a report questioning the effectiveness of these programs and warning that their projected growth threatened to take resources away from OSHA's enforcement budget.
Controversy
Much of the debate about OSHA regulations and enforcement policies revolves around the cost of regulations and enforcement, versus the actual benefit in reduced worker injury, illness and death. A 1995 study of several OSHA standards by the Office of Technology Assessment (OTA) found that regulated industries as well as OSHA typically overestimate the expected cost of proposed OSHA standards.
OSHA has come under considerable criticism for the ineffectiveness of its penalties, particularly criminal penalties. OSHA is only able to pursue a criminal penalty when a willful violation of an OSHA standard results in the death of a worker. The maximum penalty is a misdemeanor with a maximum of 6-months in jail. In response to the criticism, OSHA, in conjunction with the Department of Justice, has pursued several high-profile criminal prosecutions for violations under the Act, and has announced a joint enforcement initiative between OSHA and the Environmental Protection Agency (EPA) which has the ability to issue much higher fines than OSHA. Meanwhile, Congressional Democrats, labor unions and community safety and health advocates are attempting to revise the OSHAct to make it a felony with much higher penalties to commit a willful violation that results in the death of a worker. Some local prosecutors are charging company executives with manslaughter and other felonies when criminal negligence leads to the death of a worker.
Regulatory Impact
Here are some of the changes in industrial safety regulation brought about by OSHA:
• Guards on all moving parts - By 1970, there were guards to prevent inadvertent contact with most moving parts that were accessible in the normal course of operation. With OSHA, use of guards was expanded to cover essentially all parts where contact is possible.
• Permissible exposure levels (PEL) - Maximum concentrations of chemicals stipulated by law for chemicals and dusts. They cover only around 600 chemicals and most are based on research from the 1950's and 1960's
• Personal protective equipment (PPE) - broader use of respirators, gloves, coveralls, and other protective equipment when handling hazardous chemicals; goggles, face shields, ear protection in typical industrial environments
• Lockout/tagout - In the 1980s, requirements for locking out energy sources in an "off" condition when performing repairs or maintenance
• Confined space - In the 1990s, specific requirements for air sampling and use of a "buddy system" when working inside tanks, manholes, pits, bins, and similar enclosed areas
• Hazard Communication (HazCom) - Also known as the "Right to Know" standard, it was issued as 29CFR1910.1200 in November 25, 1983 (48 FR 53280, requires developing and communicating information on the hazards of chemical products used in the workplace.
• Process Safety Management (PSM) - Issued in 1992 as 29CFR1910.119 in an attempt to reduce large scale industrial accidents. Although enforcement of the standard has been spotty, its principles have long been widely accepted by the petrochemical industry.
• Bloodborne Pathogens (BBD)- In 1990, OSHA issued a standard designed to prevent health care (and other) workers from being exposed to bloodborne pathogens such as hepatitis B and HIV.
Above article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Occupational Safety and Health Administration".
