Document ppNNJrMyg6Ov3axEZjDDzLwmB

Page -3- has encouraged all OSHA field offices to assist employers away from the worksite. It has also developed dose contact with small business groups such as the National Federation of Independent Business, in order to receive their advice on programmatic matters affecting small business employers. OSHA has undertaken costly and time-consuming economic and inflationary impact analyses in conjunction with major standards proposals; the Agency is also instructing its com pliance officers to concentrate on those hazards presenting danger to employees rather than accumulate minor violations during the workplace visit. 1Agriculture A. Criticisms Agriculture employee groups, particularly migrant labor unions, have charged that OSHA is indifferent to protecting farmworkers. Farm employers have contended that OSHA is unfamiliar with the needs and working conditions on the Nation's farms; th.iy have objected to the specific standards OSHA has issued for the farmingseetor (six of them), claim ing that OSHA has failed to consult with knowledgeable agricultural observeis before issuing regulations. B. OSHA response Last summer OSHA issued a proposed standard for field sanitation requirements, which became a controversial issue on the farms. OSHA has increased its contact with farm employer organizations, Congressional agriculture committees and other sources of farm expertise. The Agen cy has also hired a special advisor for agricultural affairs, who has had broad experience in farm matters. Safety and Health Professionals A. Criticisms In general this sector supports the regulatory concept em bodied in the OSH Act but has criticized OSHA for excessive concentration on enforcement at the expense of a "total" ap proach to safety and health. Such an approach would involve training, education, labor-management committees, and systems studies of workplace processes. The American Society of Safety Engineers has also criticized OSHA for employing what it considers an insufficient number of qualified safety personnel throughout its organization. B. OSHA Response OSHA has increased the amount and quality of the training given to both new and experienced compliance officers. It has also focused its hiring actions upon those with the capability and aptitude to master the professional requirements in the field of occupational safety and health. The range of con sultative and educational programs described above are another response to these concerns. Congress A. Criticism One sector of Congressional critics has mirrored Labor's complaints about slow standards-development, political in trusions into OSHA, excessive concentration on economic impact, and inadequate enforcement. At the other end of the legislative spectrum, conservative law makers have main tained that the OSH Act is unconstitutional and that the law should be repealed. Between those viewpoints is the opinion of many legislators that the OSH Act should be amended to assist small business employers through on-site consultation without sanctions or exemptions by size of employers. The General Accounting Office has criticized many facets of OSHA's administration of the OSH Act; these include lack of health standards, inadequate criteria for State plan opera tion. excessive time in issuing citations, and other aspects of administration and enforcement. B. OSHA Response OSHA has made numerous programmatic changes describ ed above and has carried out an aggressive informational effort with Congress designed to dispel misconception about OSHA. Every GAO investigation has been answered and administrative failures noted by GAO have been addressed by OSHA management. Many of these have been corrected (such as excessive delay in issuing citations) while others require longer term improvements which are being made (issuance of health standards at a faster rate). , ] 1 I I The Media A. Criticisms The mass media have focused upon the more sensational OSHA criticisms made by others such as charges of political interference or ridicule of specific OSHA standards for per sonal reasons by political candidates. The media is generally supportive of the OSH Act and has publicized those criticisms directed at enhancing OSHA's efforts. The I specialized media (ultra-conservative press, trade . ! publications, union newsletters) reflect the views of their sponsors and have criticized OSHA along the lines described above. B. OSHA Response The Agency has worked with the media, correcting mis statements and offering maximum assistance in understan ding the program. AMENDING THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 ' I. Statement of Issue What should the Administration position be with respect to amending the OSH Act? During each o! OSHA's 5 years, numerous attempts were made to amend or repeal the OSH Act. Invariably such discussion will arise during the 95th Congress. Additionally, it may be opportune, after 5 years of experience to examine possible self-initiated amendments to improve the effectiveness of the Act. j II. Background More than 400 amendments to the OSH Act have been in troduced in the last 5 years; virtually every one would alter the enforcement or standards-setting authority in the law; others would repeal the legislation. The most prevalent type of bills have been those which would allow OSHA to provide on-site consultation authority without citation or penalty. With the exception of an on-site consultation bill which pass ed the House in November 1975, none of the amending proposals has been reported out of the Senate or House Labor Subcommittees to which they are referred. In the closing days of the recently adjourned 94 th Congress, Senator Robert Taft (R. Ohio) attempted to attach a counterpart of the House-passed on-site consultation measure to an unrelated piece of legislation; this effort failed. | j ! ; ! j j ' j HI. Status of V/orfc on the Issue With the failure of the Senate to pass an on-site consulta tion amendment, there are still no amendments to the OSH Act. Some members feel that the Senate Labor Subcom mittee has intentionally blocked any consideration of on-site consultation legislation. As a result, two amendments to the FY 77 DOL-HEW Appropriations bill, which have the effect SPNY 003432