|
Washington, DC-- Today, at the cost of safe and healthy workplace environments for Americans, the U.S. House passed four bills that undermine the Occupational Safety and Health Act (OSHA). The bills, H.R. 739, 740, 741 and 742, passed without Congressman Wu's support.
"I believe that OSHA has been successful in ensuring employers and employees comply with occupational safety and health standards," stated Congressman Wu. "I could not support legislation that erodes OSHA's ability to protect working Americans."
The most egregious of the bills, H.R. 742, will severely limit the ability of OSHA to protect workers. H.R. 742 encourages businesses to litigate matters with OSHA, resulting in fewer settlements, lengthier litigation, and ultimately delaying compliance with OSHA.
H.R. 742 requires OSHA to cover most of a business' litigation costs in which OSHA does not prevail. Current law already entitles a business to the recovery of legal fees under the Equal Access to Justice Act when a business is able to show the government's position was not substantially justified. The difference is that H.R. 742 strips the "substantially-justified" criterion in cases that involve OSHA.
The additional costs to OSHA caused by this lower standard are not included in the legislation. Additional costs would tap resources that should be used for other purposes, such as enforcement of current worker protections. Conversely, if OSHA wins the case, the business is not required to pay OSHA's litigation costs, no matter how weak the business' case or how blatant or egregious the business' violation was.
"This attack on workers' rights hits every American in two ways: their pocketbooks and their safety and health in the workplace," continued Wu. "OSHA would be penalized for doing its job and would ultimately be less willing to bring legitimate cases on behalf of workers."
Other provisions in the package of legislation passed today also undermine worker protections. H.R. 739 would grant hearings to businesses that delay responding to OSHA citations without explanation. Current rules allow OSHA to use flexibility when a business is not able to contest a citation within the 15-day deadline, but shows workers are no longer at risk. However, H.R. 739 strikes that requirement as a condition for proceeding with a hearing. Without having to prove the situation has been rectified, more workers could be at risk.
Additionally, H.R. 741 would weaken the authority of the Secretary of Labor to interpret and enforce OSHA standards and regulations. While the Secretary's interpretations should continue to be reviewed for consistency, other entities within OSHA should not also be determining policy. H.R. 741 could lead to inconsistency, confusion and less accountability for the health and safety of American workers.
### |
