Chairman Miller and Rep. Roybal-Allard Fight to Protect Workers from Life-Threatening Job Hazards

Legislation Introduced Calling for the U.S. Department of Labor to Release Standard Requiring Employers to Pay for Needed Protective Equipment

Tuesday, March 6, 2007

WASHINGTON, DC -- Congresswoman Lucille Roybal-Allard (CA-34) and Education and Labor Chairman George Miller (CA-7) introduced legislation today that will direct the Department of Labor to release a standard requiring employers to pay for personal protective equipment such as respirators, chemical resistant clothing, metal mesh gloves, lifelines and lanyards, safety glasses, and face shields needed by their workers to stay safe on the job.

The measure, called the "Protective Equipment for America's Workers Act," (HR 1327) directs the U.S. Department of Labor to implement the final Occupational Safety Health Administration (OSHA) standard that has been languishing for more than seven years.

"This employer requirement is particularly important for low wage workers, many of whom are doing dangerous jobs, who rely on this equipment as their main form of protection from a wide variety of on-the-job hazards," said Congresswoman Lucille Roybal-Allard, who sits on the Labor, Health and Human Services and Education Subcommittee of the Appropriations Committee, which has federal funding jurisdiction over the U.S. Department of Labor. 

Chairman Miller added: "When it comes to requiring employers to take simple steps to protect workers from everyday jobsite hazards, OSHA has been dragging its feet for too long. Employers have a responsibility to provide a safe workplace, including paying for basic equipment that can prevent injuries and deaths."      

Congresswoman Lucille Roybal-Allard noted that data provided by the Bureau of Labor Statistics substantiates the critical need for the immediate implementation of this requirement.

"In 2005 alone, the Bureau of Labor Statistics reported that there were more than 4 million worker injuries in the private job sector and more than 5,700 fatalities," Congresswoman Lucille Roybal-Allard said.  "By OSHA's own estimates, the implementation of the across-the-board, no-exceptions, federal rule requiring employers to provide and pay for personal protective equipment would prevent nearly 48,000 injuries and as many as seven fatalities each year."

In 1999, OSHA proposed a rule to require employers to pay for all personal protective equipment used by their employees.  More than seven years later, the U.S. Department of Labor still contends that the issue is under "active consideration."  As a result, a final rule enforcing the requirement has yet to be issued. The Department of Labor has indicated in its latest "semi-annual regulatory agenda" that the personal protective equipment rules will be released in May 2007. 

"The Department of Labor has a long track record of setting deadlines and then missing those deadlines.  We must not, in good conscience, stand by while the Labor Department drags its feet in implementing this life-saving federal requirement. My legislation will take the guess work out of the process by requiring OSHA to release its ruling within 30 days," said Congresswoman Roybal-Allard.

Congresswoman Roybal-Allard initiated two Congressional Hispanic Caucus letters, the latest in January of this year, to Labor Secretary Elaine Chao demanding an end to the excessive delays, and has questioned the Secretary about the delays during Appropriations hearings.

In the January 2007 Caucus letter, the Hispanic Caucus writes, "... As the Department of Labor is well aware, Hispanic workers suffer disproportionately high job-related fatality and injury rates, and the situation is worsening.  Between 1992 and 2005, the number of job fatalities among Hispanic workers has increased by an astonishing 66 percent ... The members of the Congressional Hispanic Caucus believe there is no justification for any further delay."  

In addition to Congresswoman Roybal-Allard's and Chairman Miller's efforts, the United Food and Commercial Workers and the AFL-CIO filed a lawsuit in January against the U.S. Department of Labor over its failure to issue the final standard.

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FOR IMMEDIATE RELEASE
Contact: Tom Kiley / Rachel Racusen
2181 Rayburn House Office Building
Washington, DC 20515
202-226-0853