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Past OSHA leader says regulatory slowdown far from ideal

March 12th, 2018 by Dakota Software Staff

Past OSHA leader says regulatory slowdown far from ideal

The Occupational Safety and Health Administration has seen a shift in how it approaches its various responsibilities in enforcing workplace health and safety regulations since President Donald Trump took office. The federal watchdog has shifted away from aggressively developing new regulations and enforcement to focus more on voluntary programs, compliance assistance and similar efforts. However, former OSHA chief administrator Dr. David Michaels recently told the House Subcommittee on Workplace Protections that there are no effective substitutes for inspections, enforcement and related actions, Business and Legal Resources reported.

Michaels: Voluntary programs are only part of the solution

"OSHA's shift away from enforcement may only be temporary in the long term."

The former OSHA head acknowledged the value of voluntary compliance efforts and programs that assist businesses that seek a high degree of compliance, but said they're just part of a robust effort to keep the country's workers safe. Companies that value strong adherence to regulations and proactively seek out assistance can certainly benefit, as can their employees. But Michaels believes OSHA must also ensure all organizations, even those that may not value compliance to the highest extent, keep workers safe.

Business Insurance said Michaels specifically pointed to legislators' use of the Congressional Review Act to spike the OSHA rule that in essence required businesses to maintain injury and illness records for a period of five years. He said that removal ultimately hurts employers, because OSHA doesn't have enough staff to inspect every business in the country under any sort of regular, consistent timeframe. Maintaining those records helps OSHA focus enforcement efforts and improve workplace safety.

"It's a false choice to say OSHA must choose between strong enforcement and robust compliance assistance," Michaels said, according to Business Insurance. "OSHA must do both, and during the Obama administration OSHA did both. But promoting collaborative programs in place of standards and enforcement is simply not as effective in accomplishing OSHA's vital mission: ensuring employers protect workers lives, their limbs and their loved ones.

Although Michaels' opinion as a former head of the organization doesn't have any immediate impact on its operations, such strong feelings are important in a longer-term view. The decisions of the current administration may last only as long as the president's term in office if the next person elected President decides to once again focus more on enforcement and rule-making. Another major change in the way OHSA operates, either in two or six years, is a definite possibility.

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