The people at the Occupational Safety and Health Administration
(OSHA) must feel much like the Union troops in Gettysburg did while
watching successive waves of Confederate troops storm up Cemetery
Ridge. During the past few Congresses, Republicans have led
relentless attacks on the workplace safety agency.
Now Rep. Jim Talent (R-MO), chairman of the House Committee on
Small Business, is leading what may be the political equivalent of
Pickett's charge with his introduction of the Safety
Advancement for Employees (SAFE) Act. Though SAFE has gained some
congressional support in recent months, the general feeling is that
President Clinton will not likely back the act.
The key provision of the bill (H.R. 2579) says businesses that
have their premises audited by an OSHA-certified private company
would be exempt for two years from penalties resulting from a
formal OSHA inspection. The business owner would be required to
abate any workplace hazards found during the audit, and if he or
she did not make a good-faith effort to remain in compliance with
OSHA laws during the subsequent two-year period, the exemption from
penalties would be lost. Sen. Mike Enzi (R-WY) has introduced the
Senate version of the bill (S.1237), which, at press time, had
passed the Senate Labor and Human Resources Committee.
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As opposed to past efforts to clip OSHA's wings, this one
has some Democratic support, at least in the House. In fact, the
notion of enlisting private companies in federal agency reviews has
become an accepted congressional antidote to bureaucratic
congestion.
Current policy allows businesses to get a safety consultation
(which does not necessarily involve a full audit) from an OSHA-paid
state employee. And companies that correct all problems identified
in a full audit are exempt from OSHA inspections for one year.
There are huge backlogs for that popular service, however.
Part of the problem, as many small-business groups see it, is
that OSHA's inspections are often the result of an on-site
accident or a phone call from a complaining employee. Often, the
inspectors find no serious violations; rather, they generally
uncover paperwork violations, such as companies that fail to keep
up on their material safety data sheets. In 1994, for instance, the
top six most-cited violations involved paperwork deficiencies.
Many small-business groups endorse the SAFE Act; after all,
insulation from OSHA penalties may seem like a good reason to
obtain a third-party audit. That may not be the biggest incentive,
however.
Bob Cornell, director of operations for Mon Valley Petroleum in
McKeesport, Pennsylvania, says the 25-employee company paid about
$3,000 for an audit in 1994. The audit helped the company go from
having five injuries and 27 lost work days in 1994 to one injury
and no lost time in 1997. As a result, Mon Valley has saved $15,000
per year in workers' compensation insurance costs since the
audit. Businesses may see this kind of change as an even better
reason to support the bill.
Stephen Barlas is a freelance business reporter who covers
the Washington beat for 15 magazines.
Contact Sources
Sen. Mike Enzi, (202) 224-3424
Mon Valley Petroleum, 5515 W. Smithfield St.,
McKeesport, PA 15135, (800) 251-3366
Occupational Safety and Health Administration, (202)
219-8151, http://www.osha.gov
Rep. Jim Talent, (202) 225-5821, http://www.house.gov/smbiz