OSHA Reform Veto Threatened

As the Senate Labor and Human Resources Committee Wednesday passed its Occupational Safety and Health Administration reform bill by a 10-8 party line vote, Labor Secretary Alexis Herman said she would recommend President Clinton veto the legislation if it reaches the White House.

In a letter to Chairman Jeffords, Herman said the GOP bill "could present unacceptable dangers to the health and safety of American workers. Provisions have been included in the name of reform and reinvention of OSHA which would in fact undermine OSHA's self improvements, while also eliminating significant protections and safeguards."

Despite the veto threat, committee Republicans pressed forward with markup of the bill, molded from separate plans authored by Sens. Judd Gregg, R-N.H., and Michael Enzi, R- Wyo. The core OSHA reform bill would prohibit the citation of companies that violate workplace safety rules "unless the employer knew, or with the exercise of reasonable diligence, would have known, of the presence of an alleged violation," according to a bill summary.

In her letter, Herman said the administration objects to workplace inspections performed by outside private consultants. Such inspections, paid for by the employer, would provide a two- year exemption from OSHA civil money penalties "even in the case of violations that have caused death or serious injuries," Herman wrote.

Jeffords said third party inspections would "result in an enormous increase in workplace safety and health professionals leading to a corresponding increase in the safety and health of workers."

Herman also wrote that the bill would repeal a "core premise" of OSHA that allows workers who file safety complaints to have a right to an inspection if their working conditions pose a threat of physical harm. In addition, the administration also objects to language allowing "employer-dominated health and safety committees for which an employer would be permitted to unilaterally determine who would serve on the committee as the representative of employees." That provision was drawn from the separate GOP-sponsored TEAM Act, which Clinton also has threatened to veto.

Herman said the administration also opposes language that would allow OSHA to impose fines on individual employees--instead of employers - for violations of workplace safety laws.

"These provisions, individually and collectively, would greatly diminish the ability of OSHA to administer and enforce the OSHA Act," Herman wrote, adding that the measure "fails to recognize the significant strides OSHA has made in reinventing itself in recent years."