Workers' Compensation: How OSHA Standards Revolutionize Workplace Safety

Jordan Barab’s recent testimony before the House Education and Workforce Committee Subcommittee on Workforce Protections focused extensively on the importance of OSHA (Occupational Safety and Health Administration) standards in ensuring workplace safety.

Barab served as Acting Assistant Secretary for OSHA in 2009 and Deputy Assistant Secretary from 2009 to the final day of the Obama Administration. He ran the health and safety program for the American Federation of State, County, and Municipal Employees for 16 years, served for 4 years at the US Chemical Safety and Hazard Investigation Board, and 4 years as a Senior Labor Policy Advisor on this committee from 2007 to 2009 and 2019 to 2021.

Here are the key points highlighted in his testimony related to workplace safety:

1. OSHA’s Life-Saving Impact:

Barab emphasized that OSHA safety and health standards save lives. He cited examples of OSHA regulations significantly reducing deaths and injuries caused by asbestos, lead, formaldehyde, confined spaces, deep trenches, grain facility explosions, and bloodborne pathogens.

2. Economic Feasibility:

Contrary to businesses' frequent complaints, Barab asserted that OSHA standards do not harm businesses. He quoted Dr. David Michaels, stating, “OSHA standards don’t kill jobs. They stop jobs from killing workers.” He argued that responsible business owners can ensure worker safety, comply with OSHA standards, and still make a profit.

3. Legal Authority:

Barab confirmed that OSHA has the legal authority to issue occupational safety and health standards. He referenced the Occupational Safety and Health Act of 1970, which mandates OSHA to assure safe and healthful working conditions by enforcing safety standards.

4. Challenges and Recommendations:

Barab discussed the slow process of issuing new standards and advocated for a strengthened regulatory process to speed up the issuance of health and safety protections. He suggested looking at state OSHA programs in California and Washington as models of efficiency.

He also called for a significant increase in OSHA’s regulatory budget to meet its mandate adequately.

Barab proposed legislative actions to update exposure limits for toxic substances and to allow OSHA to issue interim final standards in response to urgent hazards.

5. Workplace Violence:

Barab highlighted the persistent issue of workplace violence, particularly in the healthcare and social service sectors. He urged the committee to reconsider legislation that would expedite the issuance of a workplace violence standard, citing high injury rates and underreporting issues in these sectors.

6. Third-Party Walkaround Representatives:

Addressing misconceptions about OSHA’s revised walkaround regulation, Barab clarified that allowing third-party representatives during OSHA inspections ensures worker safety, not union organizing. He stressed the importance of workers being able to choose their walkaround representatives to assist in ensuring safe working conditions.

Conclusion

Jordan Barab’s testimony underscores the critical role of OSHA standards in protecting workers’ lives and health. He advocates for stronger regulatory processes, increased funding for OSHA, and legislative support to expedite the establishment of safety standards. His testimony highlights the ongoing challenges and the need for robust measures to enhance workplace safety and health protections.

LOPER BRIGHT ENTERPRISES v. Raimondo, Supreme Court 2024

Recommended Citation: Gelman, Jon L., The Judicial FOIA Expansion Act Could Revolutionize Transparency in America's Legal System, www.gelmans.com (07/25/2024)

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*Jon L. Gelman of Wayne, NJ, is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise Modern Workers’ Compensation Law (West-Thomson-Reuters). For over five decades, the Law Offices of Jon Gelman 1.973.696.7900
jon@gelmans.com has represented injured workers and their families who have suffered occupational illnesses and diseases.