Document 6wkKeE3LZk8zXjXp2j5Ymmkk6

Interoffice Communication to Directors/Department Heads pPrroomm R. T. Ferrell ate June 3, 1983 Subject OSHA Regulation (conoco) A recent article in Chemical Week regarding OSHA activities is attached for your review. We need to keep moving forward on our programs, both work practice and engineering, in the areas of benzene, methyl chloride, ethylene oxide and noise. R. T. Ferrell rmc Attachment H ooO o OSHA shifts to more, system to exempt employers with good records from surprise OSHA safetychecks. He also took the lead in expand not less, regulation ing the agency's policy of trying to ami cably settle cases with cited employers rather than go through lengthy and costly litigation. Since the resignation of Environmental OSHA, that would be reworked to pro But Cowan's departure in late 1982 to Protection Agency Administrator Anne vide regulatory relief to industry. become chief of staff for Labor Secre M. Burford and her top lieutenants, Auchter, in full support, launched a re tary Ray Donovan marked a crucial members of Congress and the media view of rules dealing with hearing con turning point for both the agency and are devoting a lot more attention to servation, lead exposure, workers' ac Auchter. By that juncture, much of the EPA's sister agency, the Occupational cess to medical and exposure records, time-consuming background research Safety and Health Administration. But hazardous materials labeling, and a full needed for new rules was complete, and even before the EPA controversy ex gamut of other health regulations. His Auchter shifted over to a more active ploded, Thorne G. Auchter, Assistant announcement that OSHA would review role as a regulator. Notes one industry Labor Secretary for OSHA, began back the hard-won cotton-dust regulations consultant: "He became more interested ing away from the Reagan Administra touched off a firestorm that soon in standards as things were starting to tion's promise of wholesale regulatory brought hundreds of angered textile move." relief for chemical and other industries. workers to the steps of the Labor Dept, Fluttering. Since then, a number of And now, say some agency watchers, in protest Auchter's moves have surprised OSHA Auchter and his top aides are working In his first year and one-half at watchers not only in labor and industry even harder to demonstrate that their OSHA, Auchter left most.of the daily but also in the Office of Management mission at OSHA is worker protection, and Budget. They note that the new not deregulation. Says one chemical in As OSHA calls for improved dustry lobbyist "Auchter certainly doesn't want OSHA to turn into a carica ture of EPA." worker protection, industry and OMB are saying "enough' proposed rules have failed to deliver on the Reagan Adminstration's campaign promises of regulatory relief. In Sep tember 1982, for example, Auchter OSHA has clearly stepped up its activ made only moderate cutbacks when re ity level in recent weeks. In surprise administration of the health standards drafting a Carter Administration hear moves, the agency announced plans to program to then-deputy assistant labor ing-conservation standard. The action issue more stringent rules'ior benzene secretary for OSHA, Mark Cowan. Al touched off a six-month flap with CMB's an(T asbestos, and circulated draft though he did pay some attention to regulatory reviewers, who contended copies of proposals calling for revised creating new standards--for example, that the agency had not gone far lead and ethylene oxide standards. he ordered staff work on stronger con enough in easing requirements for med OSHA is also backing away from plans struction standards--he concentrated ical monitoring. to loosen up on its carcinogen policy, primarily on making the enforcement And now, Auchter is locked in a simi guidelines that order the agency to set burden more bearable for industry. lar battle with OMB over his apparent tight regulations for any suspected car During that time, he instituted a new reversal on cotton-dust regulations. The cinogen. And agency officials have been noticeably more solicitous with industri Auchter is surprising labor, industry and OMB. OSHA administrator is calling for inplant engineering controls to protect al unions, their chief critics for the last textile workers against debilitating lung two years. ailments, while both industry and the `Fuller awareness.' Many observers say White House contend that mask-like that the flurry of activity means that respirators provide workers sufficient OSHA has taken lessons from the EPA protection. flap to heart But OSHA officials insist Thus far, however, the agency has there is much more at play. They note only adopted major final rules for hear that after years of developmental ing conservation and arsenic, a situation spadework by the agency's staff, re which has left its regulatory program ports on key health and safety issues open to sharp attack from critics in have finally filtered to Auchter's level. Congress. At hearings in mid-March, And they say that Auchter, a former for example. Representative David R. construction company executive with lit Obey (D., Wis.), a key member of the tle expertise in .either government or House Labor Appropriations subcom the health sciences, now has a "fuller mittee and one of OSHA's principal awareness" of health issues than he watchdogs, grilled Auchter about what had when he came to the agency in i March 1981. he deemed the agency's failure to act on ethvlene oxidf. dibromochloropro- When Auchter joined OSHA, he inher pane, asbestos, ethylene dibromide, ited an agency that was being pushed formaldehyde, benzene, and other im by the Reagan Administration into an portant health and safety rules. "We've ever-stronger deregulatory stance. The had two [new] major standards a year Administration already had released its on the average under three previous ad so-called "hit list" of 100 major regula ministrations," Obey said. "And we've tions from several agencies, including had goose eggs under [Auchter's] ad- 30 CJwmcal WMk/May 25, 1983 For Sodium Sulfite or Sodium Bisulfite... highest purity, highest uniformity and highest performance, Virginia Chemicals has it. Just call 804-483-7265 and talk to Marlene Thompson. A Celanese Company 3340 West Norfolk Road. Dept 301 Portsmouth, VA 23703 ministration." noting that the agency's two rulings to date have been principal ly reworks of Carter-era regulations. But not everyone blames OSHA for its current rulemaking pace. Represen tative Albert Gore <D., Tenn.), chairman of the House Science and Technology Oversight and Investigations Subcom mittee, who earlier scored the agency for its refusal to issue health warnings about formaldehyde, is now, along with Representative Barney Frank (D., Mass.), investigating OMB's efforts to weaken OSHA's proposed cotton-dust rule. Better relations. Auchter, meanwhile, is trying to develop more amicable rela tions with labor. He has backed off from his once-frequent verbal attacks on some of the unions' leaders, and, in stead, is inviting them to participate early in the rulemaking procedure. For example, an April petition from the Remarks a chemical lobbyist Auchter 'doesn't want OSHA to become a caricature of EPA' Health Research Group and from chem ical workers' unions for strong benzene regulations triggered a May 2 meeting with Aucnler who indicated that he douia more benzene up an ubHA's ulatory agenda. Also, 'on asbestos, Auchter invited his chief critics, Sheldon W. Samuels, safety director of the AFLr CIO's Industrial Union Dept., and George H. R. Taylor, head of the AFL- CIO's safety program, to meet with hftn anytime. Samuel's response: "We hope that constructive relationships can be re-established." OSHA has promised that within the next few months it will issue carefully drawn decisions on carcinogens, hgp- zene. lead, cotton dust, construction standards, and other rules. But labor leaders are not ready to rejoice as yet Margaret Seminario, industrial hygien ist for the AFL-CIO, describes much of the OSHA activity as "public relations." She and other labor leaders are reserv ing judgment until they see if OSHA's promises of stronger standards actually do result, as Seminario puts it "in ade quate protection for workers in a timely fashion." Industry representatives, too, are not ready to either praise or condemn the "new" OSHA. But they are anticipating a lot more movement Summarizes Pat rick Hurd, safety and health director .for the National Paint and Coatings Assn.: "It's going to be a busy, busy, summer." ...talk to Marlene for immediate delivery. That's Marlene' Thompson, at 804-483-7265. We've been told no one else in the United States can touch Marlene for customer service on orders for sodium sulflte and sodium bisulfite. So go ahead, talk to Marlene for samples, information, and service. A Celanese Company 3340 West Norfolk Road, Dept. 301 Portsmouth, VA 23703 May 25, i9B3/ChwTHcal week 31