Enforcement and Inspection

Is Michaels the Right Person for OSHA?

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.

As we start the new year and consider the impact of the confirmation of David Michaels as the new head of OSHA, this is a good time to review the controversy that surrounded Michaels throughout the confirmation process and take a closer look at the man himself.

Michaels’ Record

Michaels is an epidemiologist with extensive experience in research, regulatory and public policy, and program administration. Before becoming OSHA administrator, he was Research Professor and Interim Chair in the Department of Environmental and Occupational Health at the George Washington University School of Public Health and Health Services, where his work focused on the use of science in public policy.

During the Clinton administration, Michaels served as the Department of Energy’s assistant secretary for environment, safety, and health. In this position, he was responsible for the health and safety of workers, the neighboring communities, and the environment surrounding the nation’s nuclear weapons facilities.

While at the DOE, Michaels was instrumental in gaining enactment of the Energy Employees Occupational Illness Compensation Program, which has provided more than $4.5 billion in benefits to compensate workers in the nuclear weapons industry who developed cancer or lung disease as a result of exposure to radiation, beryllium, and other work hazards.


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Praise for Michaels

When the Senate Committee on Health, Education, Labor, and Pensions approved Michaels’ appointment in November, panel chair Tom Harkin (D-IA) praised Michaels, saying, “Our nation’s labor and health systems face critical challenges, and public servants of [his] caliber are assets to the American people.”

And, when Michaels was confirmed by the Senate on December 3, both George Miller (D-CA), chair of the House Education and Labor Committee, and Lynn Woolsey (D-CA), chair of the House Workforce Protections Subcommittee, applauded Michaels’ confirmation.

“The Senate’s confirmation of David Michaels should be a signal to our nation’s workers that they will have a strong ally to ensure their workplace health and safety,” said Miller. “His leadership and expertise will be a welcome addition to OSHA as the agency works to restore its mission.”

Woolsey said: “Dr. Michaels is an excellent choice to head OSHA, and I am so pleased that he has finally been confirmed by the Senate. As chair of the Subcommittee on Workforce Protections, I am looking forward to working with him to fulfill the promise of the OSH Act passed about 40 years ago: to provide a safe and healthful environment for America’s workers.”


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Strong Opposition to Appointment

But not everyone is so happy about the new OSHA chief. Some people feel that Michaels’ reign at OSHA could be a reign of terror for business.

Among those who strongly opposed the confirmation was the Washington Times. In a preconfirmation editorial, the paper raised the specter of an era of onerous regulation by OSHA and urged the Senate to reject Michaels’ appointment:

“Mr. Michaels testified to Congress in 2007 that the agency, already notoriously heavy-handed, should be even more aggressive in its efforts to issue and enforce additional regulations in the workplace. He even suggested that OSHA use its nearly limitless “general duty clause” to crack down on businesses that somehow fail to anticipate supposed workplace hazards even if they are in compliance with every specific OSHA regulation.”

In an October letter to members of Congress, R. Bruce Josten, executive vice president of the U.S. Chamber of Commerce, also seemed to question Michaels’ nomination:
 
“Professor Michaels’ book Doubt is Their Product criticizes industry groups and others who raise questions and doubts about various regulations, and the science underlying them. He is dismissive of the legitimate issues that remain surrounding the science and data used to support certain controversial regulations. His writings often revolve around the theme that
corporations are typically bad actors and that any studies or analyses they have produced are, by definition, flawed and not to be trusted. Michaels never seems to acknowledge that doubt can be legitimate or the possibility that industry scientists might actually believe in their work and that
corporations may have legitimate arguments.”

Whether you like Michaels or hate him, he’s now the man in charge. Tomorrow, we’ll look at what his appointment could mean to you, as well as how you can keep on top of all the latest news about OSHA, regulatory reform, and other vital safety management topics.

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2 thoughts on “Is Michaels the Right Person for OSHA?”

  1. David Michaels sounds like exactly what OSHA needs. But, unfortunately the “excitement” gets stuck somewhere between the top and the bottom of the OSHA organizational structure. Assistance from OSHA is the best way to gain commitment from businesses. But, this is such a tough economy for business, all I have heard is “we can’t afford to do that”. Or, “we don’t have the time and manpower.” It would be dynamic for OSHA to help businesses find a way to do the right thing, how their businesses can thrive because they are working safely!

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