Ergonomics
OSHA seems to have a repetitive regulation disorder. It wants to issue an expansive and costly ergonomics (repetitive motion) rule even before all the facts are in. To slow things down, the House voted 217-209 to pass HR 987 (Blunt-R-MO), the Workplace Preservation Act. The bill would prevent OSHA from issuing an ergonomics rule until the National Academy of Sciences (NAS) has completed a study on the issue. Congress and the White House agreed last year to fund the NAS study, but now the Administration, at the behest of its allies in organized labor, adamantly opposes waiting for the results of the study. OSHA's draft proposal on ergonomics would require employers to initiate and maintain an ergonomics program if just one musculoskeletal injury is reported. Similar Senate legislation, S 1070 (Bond-R-MO), awaits committee action.
Blacklisting
In a political payback to Big Labor the White House on July 2, made good on its promise to strive to blacklist federal contractors judged to have an unsatisfactory record on federal labor laws. Vice President Gore went before the AFL-CIO in early 1997 and vowed to screen out federal contractors using a subjective compliance checklist. Minor violations of OSHA, the National Labor Relations Act and other laws could leave you out of the bidding on $200 billion in contracts. Anticipating a firestorm of protest from businesses, the Administration doubled the usual comment period on the proposed rule to 120 days.
EPA Risk Management Plans (RMPs):
Congress has sent the President a bill that will prevent terrorist access to sensitive company data. The House unanimously approved S 880 (Inhofe-R-OK) in July. The Senate followed suit August 1, clearing the bill for the President, who will sign it into law. Clean Air Act rules required 66,000 US firms to submit by June 21, 1999 detailed worst case scenario (WCS) data that estimate maximum offsite deaths from chemical releases. Environmental groups were expected to request the data under Freedom of Information Action Act rules, then post it on the Internet, where anyone-including terrorists-could access it. The bill delays EPA disclosure of RMP data for one year and instructs the President to draw up dissemination rules. It also exempts propane distributors and all manufacturers with less than 100 employees from filing a Risk Management Plan.
Regulatory Right-To-Know Act:
The House has passed a bill to require a comprehensive analysis each year of the costs and benefits all federal regulations. HR 1074 (Bliley-R-VA) instructs the Administration to point out overlaps, duplication and potential inconsistencies among such programs. An impact analysis of federal rules and paperwork on individuals, the private sector and government would also be required. The calculations, methods and final reports would be peer-reviewed for authenticity. A Regulatory Right-to-Know bill in the Senate awaits action.
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