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Letter to the Senate Labor and Human Resources Committee Opposing S. 1237, the "Safety Advancement for Employees Act of 1997"

October 21, 1997

The Honorable James Jeffords, Chairman
The Honorable Edward Kennedy, Ranking Member
Senate Labor and Human Resources Committee
Washington, DC 20510

RE: Opposition to S. 1237, the "Safety Advancement for Employees Act of 1997."

Dear Senators:

We are writing to express Public Citizen's strong opposition to S. 1237, the "Safety Advancement for Employees Act of 1997." Sponsored by Senators Michael Enzi (R-Wy) and Judd Gregg (R-N.H.), this bill would unacceptably undermine the health and safety of American workers.

Each year, more than 55,000 American workers die and seven million are injured because of job hazards. If enacted, S. 1237 would further weaken the Occupational Safety and Health Act of 1970, increasing the likelihood that the toll of death and injuries from workplace hazards would rise. The bill shifts OSHA's focus from strong enforcement to voluntary compliance and takes away the rights of workers to get an OSHA inspection to investigate workplace hazards. This one-sided bill would penalize workers while immunizing employers who violate the law.

Public Citizen objects to the provisions in S. 1237 that would undermine workers' rights in the workplace, weaken OSHA's enforcement authority, and create obstacles for the development of OSHA safety standards. We also are disappointed with S. 1237's failure to strengthen any job safety or worker protections laws.

How S. 1237 undermines workers' rights:

• S. 1237 takes away workers' rights to receive an on-site inspection to investigate complaints about workplace hazards.
• OSHA would be allowed to issue fines to individual employees, an unprecedented move that shifts the burden of ensuring workplace safety from the employers to the employees.
• Secret safety audits would exempt employers from "any civil penalty" for two years for health and safety violations if the employer has received a "declaration of compliance" from a third-party "qualified individual" who could be employed and paid directly by the employer.

How S. 1237 weakens OSHA's enforcement authority:

• Employers would receive warnings instead of citations for violations of OSHA law. This provision would further erode OSHA's already weak enforcement program.
• There would be a further reduction of OSHA's already inadequate enforcement resources. S. 1237 mandates that 15% of OSHA's budget be spent on education, consultation, and outreach, regardless of the agency's need for resources for enforcement, standard setting and other priorities.

How S. 1237 creates obstacles for the development of OSHA safety standards:

• S. 1237 would establish a cumbersome review process for every OSHA standard. All draft final rules developed by OSHA would have to be reviewed by the National Academy of Sciences. This requirement would add years to an already drawn-out, cumbersome process.

While recent job safety legislation has included proposals to strengthen worker anti-discrimination protections, expand coverage to state and federal government employees and address new workplace hazards, S. 1237 ignores these important issues.

Public Citizen opposes S. 1237 for its needless weakening of safety, health, and worker protections and strongly urges you to reconsider moving forward with a mark-up of the bill, given the harmful provisions listed above. Thank you for your attention and consideration.

Sincerely,

Joan Claybrook
President 

Frank Clemente
Director, Congress Watch

cc: Honorable Members of the Senate Labor and Human Resources Committee

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