The controversy surrounding the nomination of David Michaels as OSHA chief centers around Michaels’ stated intention to take a more aggressive regulatory and enforcement stance, and also focuses on a highly divisive issue—ergonomics.
The battle over the Obama administration’s nominee to head OSHA, David Michaels, heats up as industry groups express concern over projected changes in OSHA’s agenda and enforcement policies under Michaels’ leadership. In particular, the business community is concerned about the revival of ergonomics as a major regulatory issue.
According to thehill.com, business associations called for senators to “grill” Michaels in nomination hearings about how he would address such ergonomic issues as carpal tunnel syndrome and other repetitive-strain injuries. “The business community has long argued that ergonomics standards are not based on sound science and will require the costly redesign of millions of workplaces,” says thehill.com.
The website also quoted from a letter to members of various Senate committees from Jeri Kubicki, vice president of the National Association of Manufacturers (NAM), in which Kubicki wrote about the ergonomics debate: “Dr. Michaels has advocated an approach to developing workplace regulations that would allow unproven and insufficient scientific evidence to be used as the basis for regulatory actions and has criticized efforts to ensure that regulations are based on the best available science and data.”
In contrast to employers, labor leaders have been strongly supportive of Michaels and especially of the prospect of an enhanced regulatory initiative concerning ergonomics.
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New “Sheriff” in Town
There has also been considerable concern on the part of the business community about Michaels’ nomination in general. For example, cbsnews.com last month reported that Michaels called for a “more aggressive” OSHA and that acting OSHA head Jordan Barab was “unapologetic” about a more aggressive approach, saying, “The law says that employers are responsible for workplace safety and health. And there’s a new sheriff in town to enforce the law.”
The question is: Will the new “sheriff,” i.e., David Michaels, get to make the kinds of changes he’s talking about?
The White House is reportedly firmly behind Michaels’ nomination and his determination to strengthen OSHA’s regulatory and enforcement role. White House spokesman Tommy Vietor said, “We believe his commitment to protecting worker health and safety makes him an excellent choice to lead this critical public health agency.”
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High Noon for Ergonomics?
In 2008, then-candidate Barack Obama said that, if elected, he would issue a new ergonomics standard. The Clinton administration’s ergonomic standard survived only a few months and was repealed by the Bush administration and a Republican Congress shortly after Clinton left office.
Last June, in a speech to the American Society of Safety Engineers, acting OSHA Administrator Jordan Barab characterized the ergonomics issue as a “political football” with “powerful players who don’t want to see it on the field.” He added, “Well, we’re going to pick up that football.”
According to Kiplinger.com, “Much tougher enforcement from OSHA … is in the works. … The agency will launch a big new push on ergonomics, perhaps making another run at producing a specific rule on repetitive motion injuries.”
Keith Smith, NAM’s director of employment and labor policy, quoted by thehill.com, called a new ergonomics regulation “the most concerning threat to employers.”
Certainly, in the coming months we can expect to hear a great deal more about OSHA regulatory action and enforcement in general, and about ergonomics in particular. Here at the Advisor we’ll be following the action and we’ll keep you informed of changes in the regulatory and enforcement environment as always.
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Whether David Michaels is the right person to head OSHA was a hotly debated topic in recent months. With his confirmation, we take a look at his credentials and what people are saying—pro and con—about the new OSHA chief.