APRIL 27, 2007

Congressional sources say that there will be a focus on OSHA reform during this session. Senator Kennedy (D-MA), Chairman of the Senate Committee on Health, Education, Labor and Pensions, and Representative George Miller (D-CA), Chairman of the House Committee on Education and Labor, are poised to introduce broad OSHA reform legislation, as early as this week.

The bills that Kennedy and Miller will introduce are expected to be similar to the broad OSHA reform bills in prior Congresses. Among other provisions, the bills would increase penalties for willful violations (including making felony charges available), protect whistleblowers, require expanded communications during accident investigations, and mandate employers to pay for safety equipment. There may also be provisions requiring chemical companies to improve compliance with the OSHA process safety management standard. Ergonomics is another area where the legislation would goad OSHA into rapid action.

In an initial step, the House Committee on Education and Labor Subcommittee on Workforce Protections required Assistant Secretary of Labor Edwin G. Foulke, Jr. to appear to discuss whether OSHA standards have kept up with workplace hazards. He defended the agency’s record on protecting workers through the agency’s standards-setting process.

Committee members and other witnesses severely attacked OSHA for what they perceived as a failure to issue far more regulations than have been issued. A representative of a Union health fund stated: “OSHA has a bad habit of setting standards for general industry and exempting the construction industry from coverage." He cited confined space regulations as an example. Witnesses stated OSHA should tackle what is left on the regulatory agenda and get it done, including standards for silica and beryllium.

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The Patton Boggs Health and Safety Law Group consists of attorneys who have resolved client problems in environmental, energy, natural resource, and safety and health law since the late 1960s. With lawyers in Washington, D.C., Alaska, Colorado, Texas, New Jersey, New York, and Northern Virginia, we have experience with EPA, OSHA, MSHA, NIOSH, DOT, OPS, Coast Guard, NTSB, FAA, FDA, CSP, the Chemical Safety Board, and almost every other federal and state government health and safety agency in the United States and throughout the world. We speak a variety of languages; have backgrounds in business, science, engineering, industry, and government; and combine preventive law counseling with courtroom and lobbying expertise to achieve results. For more information go to: http://www.pattonboggs.com or contact Henry Chajet (hchajet@pattonboggs.com) at 202-457-6511, Mark Savit (msavit@pattonboggs.com) at 202-457-5269, Cole Wist (cwist@pattonboggs.com) at 303-894-6159, John Austin (jaustin@pattonboggs.com) at 202-457-6167 or Willa Perlmutter (wperlmutter@pattonboggs.com) at 202-457-5223.

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