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About Northwest labor press. (Portland , Ore.) 1987-current | View Entire Issue (Sept. 6, 2013)
White House releases OSHA rule on silica, after two-year delay After two and a half years of White — worse even than the “dismal” record House obstruction, the Occupational of the previous Bush administration. “Since 2011, virtually every worker Safety and Health Administration protection rule that (OSHA) announced on Aug. has been submitted 23 a proposal to protect for OIRA review workers from exposure to sil- has been delayed,” ica dust. More than 2 million Seminario said, workers are exposed to silica adding that the sil- dust — anyone who cuts, ica rule delay is a saws, drills or crushes con- case in point. “Fail- crete, brick, or stone prod- ure to regulate silica ucts, or uses sand. Bricklay- has allowed uncon- ers, cement masons, road trolled exposures crew and shipyard workers, and more unneces- sandblasters, and glass and sary disease and foundry workers are among death.” those at greatest risk. Inhaled Three weeks af- over time, microscopic silica ter the Senate hear- particles cause lung diseases ing, OSHA an- like silicosis, pulmonary tu- nounced its “draft berculosis, and lung cancer. proposed rule” is OSHA’s rule on silica hasn’t changed since 1972. It Frances Perkins was moving forward in sets an exposure limit, but secretary of Labor in the process, and is doesn’t require employers to 1938 when the federal now an official test for it. Technologies and government first pub- “proposed rule.” If OSHA’s esti- practices have developed to lished recommendations protect workers, but OSHA for how to avoid silicosis, mate is correct — doesn’t require employers to an irreversible and some- that the proposed use them. times fatal occupational rule would prevent In 2009, the Obama Ad- lung disease caused by 1,600 new cases of ministration declared that chronic inhalation of tiny silicosis and save protecting workers from sil- sand particles. But 43 nearly 700 lives a ica inhalation was one of its years after Congress year — then the ad- regulatory priorities. OSHA passed the Occupational ministration’s delay worked on a proposal to Safety and Health Act, will have meant lower the allowable limit and employers aren’t required painful and pre- require certain employers to to take protective meas- ventable deaths for several thousand test air samples and give ures. workers. workers health screenings, And it could still be years before the safety trainings, and tools — using wa- ter to suppress dust, ventilation to cap- rule takes effect. First the proposed rule ture it, or personal protective equipment must be published in the Federal Regis- to prevent inhalation. OSHA submitted ter (which had not yet happened as of this “draft proposed silica standard” for press time). Next OSHA accepts public review by the White House Office of In- comments for 90 days. Then it holds formation and Regulatory Analysis public hearings on it, scheduled to begin (OIRA) on Feb. 14, 2011. Under an ex- March 4, 2014. Once public hearings ecutive order, OIRA is supposed to de- conclude, members of the public can termine whether OSHA assessed the submit additional post-hearing com- costs and benefits of available alterna- tives. The review was supposed to take 90 days. Two and a half years went by, and the rule remained in limbo while OIRA held closed-door meetings with industry groups opposed to regulation. The delay outraged labor leaders and some members of Congress, who wrote letters and tried to shame the adminis- tration with public editorials. On Aug. 1, 2013, Connecticut Democrat Richard Blumenthal held a Senate hearing enti- tled “Justice Delayed: The Human Cost of Regulatory Paralysis.” AFL-CIO Safety and Health Director Peg Semi- nario told senators at the hearing that White House delay of occupational safety regulations in the Obama Ad- ministration has been the worst she’s seen in her more than three decades of work on safety and health regulations ments. Then the agency will make a de- termination whether to proceed with the final rule. “We urge the Obama administration to continue moving forward with the public rule-making process without de- lay,” said AFL-CIO president Richard Trumka in a press statement. “The final silica rule should be issued as fast as hu- manly possible, to protect the health and lives of American workers.” THANK YOU! The Oregon State Building and Construction Trades Council, on behalf of its affiliates and their members, wish to say “Thank You” to FERGUSON WELLMAN CAPITAL MANAGEMENT and QUEST INVESTMENT MANAGEMENT INC. for spon- soring our annual $1,000 college scholarship program. This year’s winners are Alexander Peterson and Laura Wagner. Peterson is the son of Dennis Peterson, a member of Cement Masons Local 555, and Wagner is the daughter of Daniel Wagner, a member of Plumbers and Fitters Local 290. OregOn State Building and COnStruCtiOn tradeS COunCil Follow us on Facebook: www.facebook.com/oregonbuildingtrades Mesothelioma has a long latency period. Asbestos exposures from 40 or 50 years ago can cause cancer. A detailed work history is necessary to reconstruct exposure history on the job. Broadway Floral for the BEST flowers call 503-288-5537 1638 NE Broadway, Portland PAGE 4 NORTHWEST LABOR PRESS SEPTEMBER 6, 2013
