Kucinich: OSHA’s Lack Of Oversight On Asbestos Rule Puts 750,000 Workers At Great Risk
New Report By Kucinich’s Office Finds That OSHA Is Not Enforcing Asbestos Regulations Despite Asbestos Hazard
Washington,
Mar 25, 2004 -
A new report released today, conducted by the office of Congressman Dennis J. Kucinich (D-OH), has found that OSHA is failing to enforce its own regulations regarding exposure to asbestos in brake parts and is putting 750,000 brake mechanics nationwide at great risk.
The study found that despite long-standing scientific agreement on the serious and potentially fatal hazards of working with asbestos, OSHA’s enforcement of asbestos regulations has been rare, and rarer during the Bush Administration. The findings show that auto repair workers are unaware of the presence of asbestos in the materials they use, employers do not monitor for the presence of asbestos, and workers are exposed to high levels of asbestos. The findings also show most OSHA violations are the result of complaints, not from routine programs or surprise inspections by OSHA or any other testing agency.
Asbestos in friction products, commonly used in car repair, is still extensive. In 2002, the US consumed 288 tons of friction products, such as brake linings and clutch facings that included asbestos. Despite overwhelming evidence of the harmful effects of asbestos, Kucinich’s report shows that OSHA has failed to enforce even its own regulations and is failing to properly inspect auto repair shops.
The most recent survey shows that two-thirds of auto repair facilities have excessive asbestos levels. Despite this fact, the report released today finds that when OSHA inspects a worksite, the inspection is usually not part of a regular program of compliance or oversight. Sixty-two percent of violations were the result of an “unprogrammed complaint,” meaning that OSHA inspected because of a complaint that was not part of an ongoing program for that site. Twenty-nine percent were “program planned,” meaning that OSHA inspected the site as part of an ongoing program for that site, and 9 percent were prompted by a referral from an agency or other organization.
In addition, the report found that when OSHA did find violations little was done. In cases where OSHA has found violations, it has failed to impose significant fines that would constitute a strategy of deterrence. Of all violations over the course of three decades, only 76 violations, or 23 percent, resulted in any fines at all. Of these, about half were reduced. In one case, an $1800 fine was eliminated and the violator paid nothing. If violators are permitted to negotiate lower fines in the rare cases where fines are made, employers learn that the law can be violated without any consequences to them.
The study was completed after repeated requests of information from OSHA, regarding their enforcement and inspection process, were ignored.
“This report clearly demonstrates that OSHA is putting the lives of 750,000 brake mechanics nationwide at great risk,” Kucinich stated. “There is overwhelming evidence that asbestos exposure can lead to great health risks, and evidence that asbestos fibers exist in brake parts. Yet, despite this evidence, OSHA is still not adequately protecting brake mechanics. This sort of neglect from the very organization whose responsibility it is to protect workers is unacceptable.”
For a complete copy of the report please click here.
