Workforce Protections Subcommittee Chair Introduces Bill to Rein-In Use of Non-Consensus

Workplace Health and Safety Standards

WASHINGTON, D.C. – House Workforce Protections Subcommittee Charlie Norwood (R-GA) today introduced the Workplace Safety and Health Transparency Act (H.R. 5554) in response to concerns about the U.S. Department of Labor’s use of non-consensus standards in crafting workplace health and safety regulations carried out by the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA).  Concerns have been raised that regulations written without wide participation from the public may not be as effective as ones which seek broader input.

“The ongoing practice by the Department of Labor, whereby it incorporates standards set by outside standard-setting organizations is an issue of great interest and, frankly, of continued concern to me,” said Norwood.  “It is time to rein-in this practice, and our legislation would do just that.”

Government development of safety standards typically involves rigorous examination to take into account the Data Quality Act, the Regulatory Flexibility Act, a small business impact analysis, stakeholder input, and judicial review before being finalized.  The utilization of non-consensus standards – which may amount to little more than a literature review – without similar, stringent examination may inadvertently legitimize ineffective standards. 

Norwood chaired a Workforce Protections Subcommittee hearing on this issue in April.  The subcommittee will hold another hearing on the practice – and his legislation – next Wednesday. 

Specifically, the Workplace Safety and Health Transparency Act would: 

• Prohibit OSHA or MSHA from incorporating by reference any finding, guideline, standard, limit, rule, or regulation based on a determination from a non-consensus organization that does not conform to the Occupational Safety and Health Act definition of a consensus standard; and

• Prohibit OSHA from approving a “State plan” (safety and health plan produced by state government-based regimes) unless those standards adopted by reference in the plan are reached by consensus.

“Our goal is to ensure transparency in the rulemaking process,” concluded Norwood.  “The employees, their representatives, and regulated industries have a right to provide input in the regulatory process.” 

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