Congressional Lawmakers Praise and Lambaste OSHA's Policies

​Congressional lawmakers scrutinized the U.S. Occupational Safety and Health Administration's (OSHA's) policies and priorities at a recent hearing, with some concerned that a potential government shutdown could jeopardize workplace safety. A few days later, Congress passed a bill to keep the government running until Nov. 17. However, with Congress disorganized following Rep. Kevin McCarthy's, R-Calif., ouster as the speaker of the House of Representatives, another possible shutdown might not be averted in mid-November.

If the federal government closes, OSHA could not conduct proactive, preventative inspections and would only be able to respond to reports of deaths or serious injury after they happen, said Doug Parker, assistant secretary of labor for occupational safety and health at the U.S. Department of Labor (DOL).

Members of the U.S. House Committee on Education and the Workforce were split along partisan lines at the hearing on Sept. 27, with Democrats mostly supporting OSHA's policy priorities and Republicans asserting that OSHA has overstepped its authority.

Heat Illness Prevention

A main focus at the hearing was OSHA's efforts to develop a national heat illness prevention standard after one of the hottest summers on record. In 2021, OSHA released a proposed rule on workplace heat standards; it hasn't published a final rule yet. That issue is OSHA's top regulatory priority, Parker said.

In April, OSHA launched a national emphasis program on heat illness prevention. The agency listed farming, ranching, bakeries, manufacturing, couriers and express delivery services, and warehousing among the industries with a higher risk of heat hazards. In July, the agency also announced a national emphasis program to prevent hazards in the warehousing industry, including heat and ergonomic hazards.

Since April, OSHA has conducted more than 4,000 heat-related inspections and issued more than 400 warnings to employers, instructing them to do more to prevent heat illness among their workers, according to Parker.

Rep. Alma Adams, D-N.C., expressed concern about heat illness among farmers, recalling a farmworker who died recently from heat illness at age 30. She said OSHA "had mixed results in recent years by using the general duty clause," which requires that employers provide a work environment free from hazards that are likely to cause death or serious injury, to compel employers to provide cooler work conditions.

"The general duty clause is a useful tool, but it is very difficult to address a national problem using the general duty clause," Parker said.

Rep. Mary Miller, R-Ill., criticized OSHA for "targeting farmers in [its] quest for power. OSHA needs to be reined in. They have gone far beyond their minor, limited mission."

How much would complying with a national heat standard cost small businesses, asked Rep. Glenn Grothman, R-Wis.

"We don't have a number on that because we haven't written a proposal on that," Parker said. "We are mindful of the cost and putting in place measures that will be achievable for small businesses."

Water breaks, rest breaks, shade and acclimatizing new workers to the heat are effective in preventing heat stroke, Parker said.

"There is more and more evidence out there that providing rest can lead to productivity gain. Workers slow down when they are overheated. They are more prone to less mental focus, so there's mistakes in their work," he noted. "Most of these deaths from heat happen during the first week on the job" when people haven't gotten used to the heat yet.

For a national heat standard, requiring the provision of shade and water doesn't seem burdensome, said Rep. David Scott, D-Ga.

Rep. Mark Takano, D-Calif., recalled touring a textile factory in Massachusetts that felt comfortable because it had air conditioning. "Really good employers know what they need to do to protect workers" from excessive heat, he said.

Other OSHA Initiatives

While Democrats emphasized the need for worker safety and adequate funding for OSHA, Republicans opposed some of OSHA's policies and priorities, including its previous COVID-19 safety rules.

 "Whether it is air conditioning going into UPS delivery trucks or personal protective equipment and a comprehensive review of the chemicals used in electric vehicle battery plants, workplace safety has never been more important for hardworking Americans," said Rep. Haley Stevens, D-Mich.

However, Rep. Kevin Kiley, R-Calif., said OSHA has veered from its mission and "taken its eye off the ball when it comes to worker safety, focusing instead on political goals." He said there are serious worker privacy concerns about a final rule OSHA recently released to broaden the scope of its injury and illness reporting requirement.

Rep. Virgina Foxx, R-N.C., criticized OSHA's recent proposal to allow employees to choose a union representative or a nonemployee third party to accompany OSHA compliance officers during worksite inspections. "What sense does it make for OSHA to allow individuals who know nothing about workplace safety to accompany inspectors at a jobsite?" she asked.

The proposal is not intended to boost union organizing, Parker said. "If a union has a representative who is a health and safety expert, they can participate. They have to be able to make a contribution to the inspection," he said. "The employees have the right to designate a representative."