Stage set for OSHA clash with House over its enforcement agenda

With the Republican takeover of the House early next year, the stage appears to be set for some clashes with OSHA over its agenda to substantially increase enforcement.

One thing seems clear: changes to the OSH law proposed last year are pretty well kaput. In their place, OSHA seems likely to move towards implementing its agenda through regulation, enforcement policy and reinterpretation of existing standards, among other techniques.

The House on the other hand seems likely to try to increase its oversight on OSHA and increase review of OSHA’s non-legislative approach.

Dennis Morikawa and Jonathan Snare of the Morgan Lewis law firm, two of the leading legal lights on OSHA matters, addressed the approaching OSHA landscape during a recent presentation to the Mid-Atlantic Construction Safety Council.

They point to a statement by incoming House Majority Leader Eric Cantor promising a comprehensive review of existing and proposed regulations that “impose additional unnecessary costs on employers and job creators.”

Morikawa and Snare said that will likely mean review of:

• OSHA’s proposed reinterpretation of the noise standard.

• OSHA’s proposed Injury and Illness Prevention Program, which has become known as I2P2.

• OSHA’s initiatives on ergonomics

OSHA cutbacks on Voluntary Protection Program

One example of OSHA’s likely approach in the new year is its plans to cut back on the Voluntary Protection Program. OSHA’s FY 2011 budget request proposed eliminating the $3.1 million appropriation to run the program and redirecting the funding elsewhere. In its place, OSHA wants a fee-based system to fund the program.

Congressional opposition appears to be forming against this approach and a bill has been introduced forbidding OSHA from charging participants a fee to participate in the Voluntary Protection Program.

OSHA also has proposed changing the Safety and Health Achievement Recognition Program to limit the exemption that SHARP sites receive from programmed inspections and allow OSHA to terminate a SHARP consultation visit and refer the site for OSHA enforcement.

Labor Secretary Hilda Solis said in 2009 there was a “new sheriff in town” when it comes to OSHA enforcement. As the new year unfolds, it will be interesting to see if the sheriff will be walking as tall.

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