Below is the text of a letter Sen. Enzi sent this week to OSHA regarding the Administration's attempt to sidestep Congress and quickly push through a controversial rule. Hopefully you will find the letter timely and informative.
November 6, 2000
Honorable Charles Jeffress
Assistant Secretary
Occupational Safety and Health Administration
United States Department of Labor
Frances Perkins Building
Room 2315
Washington, D.C. 20210
Dear Assistant Secretary Jeffress:
I understand that OSHA intends to issue its final ergonomics program standard by November 17. I am writing to express my disappointment and dismay that you have continued to rush this rulemaking process.
As you are aware, both the House and the Senate passed a reasonable one year delay of finalization of the ergonomics standard by bipartisan recorded votes. This one year delay won approval of both Republicans and Democrats because it was clear that OSHA was forging recklessly ahead with the ergonomics rulemaking process for political reasons without fixing the serious substantial problems with the standard.
Two hearings held in the Subcommittee on Employment, Safety and Training revealed that the proposed rule would destroy the balance set by state workers' compensation systems and cripple healthcare institutions dependent on Medicare. Moreover, countless comments on the standard have explained that the vagueness and complexity of the rule and its improper coverage of injuries not caused by the workplace will obscure legitimate safety concerns and make it more difficult for employers to protect employees from workplace ergonomics hazards.
I had hoped OSHA would respond to these criticisms by demonstrating a willingness to make significant changes to the standard. But OSHA continues to give stock justifications of its version of the rule instead of responsive solutions to the standard's problems. This has reinforced the existing perception that OSHA decided its standard was "right" at the start of the process. In fact, OSHA is apparently so wedded to its version of the standard that it paid 28 contractors $10,000 each to testify in support of its rule and then told several of them what to say to make the strongest case to support OSHA's position.
Based on these facts, I have no confidence that OSHA has taken the time to respond to the over 7,000 comments and many valid concerns about the rule. OSHA has never before finalized a proposed rule of this magnitude in a year's time. For OSHA to attempt to issue a final rule by November 17 - less than a year after the proposed standard was published - is a blatantly political ploy, not responsible rulemaking. It is particularly egregious for OSHA to take such rushed action in the face of the bipartisan votes taken in the House and Senate recording the view that OSHA needs to take more time. I strongly urge you to put the interests of safety and health ahead of politics and take the necessary time to ensure that OSHA does not issue a standard that will do much more harm than good.
Should you have any questions regarding this letter, please contact my Subcommittee Chief Counsel, Elizabeth Smith, by phone at (202) 224-7229 or facsimile at (202) 228-0934.
Sincerely,
Michael B. Enzi
Chairman
Senate Subcommittee on Employment Safety and Training
