In the din of the
recent press attention
and
Senate
and
House
hearings on about the Occupational and Safety
Administration’s (OSHA) failings, it’s easy to forget that
OSHA has saved many lives, too. OSHA has implemented
dozens of innovative and helpful programs, and without the
threat posed by OSHA, some employers would do precious
little to protect the lives of their workers.
Before the newly formed OSHA issued its
first asbestos standard in 1971, uncontrolled asbestos
exposure occurred in numerous workplaces across the country.
OSHA subsequently strengthened the asbestos standards,
forcing employers to implement controls that have saved
countless lives.
Evidence of the impact of OSHA’s
regulation of asbestos work comes from the national study of
asbestos disease in sheet metal workers, in which 18,000
members of the Sheet Metal Workers International Union were
screened for asbestos disease between 1986 and 2004: after
controlling for age and smoking, the strongest predictor for
chest X-ray sign of asbestos-related disease was the
calendar year in which the worker began sheet metal work.
Researchers concluded that the results suggest “that the
efforts to reduce asbestos exposure in the 1980s through
strengthened Occupational Safety and Health Administration
regulation have had a positive public health impact.”
Asbestos is not OSHA’s only success,
of course. The agency’s cotton dust standard
eliminated byssinosis,
a once common disease among U.S. textile workers, and the
OSHA lead standard has no doubt
prevented many cases of
benzene, formaldehyde, and
lead poisoning.
OSHA standards such as those concerning confined spaces,
blood-borne pathogens, respiratory protection, fall
protection, and other safety standards are truly
state-of-the-art. The standards are flexible and
performance-based, and provide employers with an infinite
variety of compliance options that can be tailored to
site-specific conditions.
These standards precipitate change and force technology.
In other words, they get people to do things that they
probably would not do otherwise and create opportunities for
manufacturers to develop solutions to safety problems that
have been with us for decades.
Take a quick look at the ads in any of the major safety
and health magazines and you will see a dazzling array of
new hardware: full-body harnesses, movable anchor points,
engineered horizontal lifeline systems, blood-borne pathogen
spill cleanup kits, signs, posters, labels and placards that
can be used to convey hazard information, instrumentation
for real-time analysis of airborne chemicals, and a host of
other products that most likely would not have been created
if not for OSHA regulations. Most of these products have
clearly improved workplace safety.
OSHA annually makes $5 million available to nonprofit
organizations and higher education institutions. The purpose
of these grants, which average between $150,000 and
$200,000, is to provide educational opportunities to
traditionally underserved and at-risk populations such as
immigrants, small-business employees, and workers in
high-risk jobs.
OSHA's Voluntary Protection Program (VPP) recognizes that
good safety management programs that go beyond OSHA
standards can protect workers more effectively than simple
compliance. Participation in OSHA's VPP requires companies
to be committed to excellence and to establish comprehensive
safety management systems that go beyond OSHA regulations.
OSHA exempts VPP companies from routine inspections.
Unfortunately, although OSHA took on
asbestos, lead, and cotton dust in the 1970s, it has issued
few new standards for chemical hazards in the last decade.
There are plenty of examples of
OSHA’s failure to protect workers either
through lack of resources or administrative resistance.
Among the regulations proposed by OSHA's staff but
scuttled by political appointees was one meant to protect
health workers from tuberculosis. Although OSHA concluded in
1997 that the regulation could avert as many as 32,700
infections and 190 deaths annually and save $115 million, it
was blocked by opposition from large hospitals.
The agency also decided against moving further toward the
regulation of crystalline silica, the tiny fibrous material
in cement and stone dust that causes lung disease or cancer.
OSHA promised a scientific peer review of the health risks
by early 2005 and then by early 2007, but it never acted.
Regulating silica exposures would have prevented an
estimated 41 silicosis deaths and 20 to 40 lung cancers
annually, according to OSHA.
Or take beryllium, a remarkable metal that
is lighter than aluminum yet stiffer than steel. Its alloys
and compounds exhibit a host of unusual technical
characteristics. At some point in almost every production
process involving beryllium, fine dust or fumes of the metal
or its compound are released into the air. Breathing the
tiniest amounts can cause disability and death from chronic
beryllium disease. Even the beryllium
industry has come around to the position that the current
OSHA standard is not adequately protective – the industry’s
experts recognize that
workers get sick at exposure levels
below the current OSHA standard.
OSHA currently enforces permissible
exposure limits for only about 500 chemicals, a small
fraction of the thousands of substances present in the
American workplace, and it has been more than 35 years since
OSHA has issued new standards for only about 30 substances
and many of these exposure limits were already out of date
when OSHA adopted them. As a result, OSHA’s standards for
most hazardous chemicals are either inadequate or totally
absent.
Chemical by chemical standard setting
would be a painfully time- and resource-intensive process
for any agency, much less an organization constantly under
attack by those in favor of the free market. OSHA doesn’t
have the staff to work on more than one or two standards at
a time, and, with no judicial or congressional oversight to
speed the process, each standard takes years to complete.
Unless things change radically, only a handful of the
thousands of chemicals in daily use in American workplaces
will ever be the subject of an OSHA standard.
OSHA certainly deserves recognition and praise for the
good things it does, and it does many things very well. But
now is the time to begin to remedy the
lack of funding and administrative resistance to worker
safety, and to begin to discuss how we can begin to save
human lives through simple and enforceable regulations.
Cite: Weil, David, If OSHA
Is So
Bad, Why
is Compliance So Good?. RAND
JOURNAL OF ECONOMICS, Vol. 27, No. 3.