regulation

OSHA took the long road to adopt a standard to address respirable crystalline silica. Although the final rule was issued in March 2016, it is being challenged by both industry and labor groups. The first says OSHA went too far, the other says OSHA didn’t go far enough. The long road, however may be coming close to end. The U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments last week from parties that are challenging the rule. Judges Merrick Garland, David Tatel and Karen LeCraft Henderson spent more than two hours listening to arguments from the National Stone,…

Guns are the third leading cause of injury-related death in the country. Every year, nearly 12,000 gun homicides happen in the U.S., and for every person killed, two more are injured. Whether Congress will do anything about this violence is a whole other (depressing) article. But there is evidence that change is possible. Last year, a study published in Epidemiologic Reviews “systematically” reviewed studies examining the links between gun laws and gun-related homicides, suicides and unintentional injuries and deaths. Researchers eventually gathered evidence from 130 studies in 10 countries,…

Starting in July 2015, the California Division of Occupational Safety and Health (Cal/OSHA) was authorized to hire several dozen more field compliance officers to protect the state’s 19 million workers. Because Cal/OSHA’s hiring has not filled all new positions or kept up with retirements, there has been an average of 34 vacancies of these fully-funded positions since then, resulting in $11 million in unused resources through August 2017. Not only is this a missed worker protection opportunity, no one knows what’s happened to these funds and where they are. Another mystery is the whereabouts…

At the Tampa Bay Times, Neil Bedi, Jonathan Capriel, Anastasia Dawson and Kathleen McGrory investigate a June 29 incident at Tampa Electric in which molten ash — commonly referred to as “slag” — escaped from a boiler and poured downed on workers below. Five workers died. A similar incident occurred at Tampa Electric two decades earlier. If the company had followed the guidelines it devised after that 1997 incident, the five men who died in June would still be alive, the newspaper reported. In particular, the five deaths could have been avoided if the boiler had been turned off before workers…

In late July, while many of us were preoccupied with Republican Senators’ attacks on healthcare, the Trump administration released its first regulatory agenda (technically, the Current Unified Agenda of Regulatory and Deregulatory Actions). These routine updates are published so the public can see what they can anticipate from federal agencies in the way of rulemaking. (Celeste Monforton has been tracking the Department of Labor regulatory agenda for years.) The Trump administration’s first entry into this genre is better described as a de-regulatory agenda. It’s a dizzying array of delays,…

Members of the public health community are aware of many of the ways the Trump administration and the 115th Congress are hindering and reversing evidence-based actions for public health – from an executive order requiring agencies to scrap two regulations each time they create a new one to advancing legislation that would make it harder for EPA to obtain and use the most up-to-date science in its work. With so many threats to public health arising each month, it can be hard to catch all of them, though. The Union of Concerned Scientists has performed a tremendous service by producing the…

I had one ear tuned this morning to the webcast of Labor Secretary Alex Acosta’s appearance before a subcommittee of the Appropriations Committee on his Department’s FY 2018 budget request. You never know what bumble bee might be in a lawmaker’s bonnet or how they might use their time to gush about Department-funded pet project in their home State. That's why I tuned in. Two moments during the hearing were most memorable to me. The first involved Tennessee Senator Lamar Alexander (R) who expressed dissatisfaction with the Administration’s slow pace of nominating individuals for top jobs at…

The Union of Concerned Scientists (UCS) filed an amicus brief in support of a lawsuit against one of President Trump’s deregulatory efforts. Executive Order 13771 (EO) requires an agency to rescind two regulations for each one it wants to adopt, and have the action's combined incremental costs total no more than $0, regardless of the benefits. When the President announced it in January 2017, I called it the "one step forward, two steps back" edict. A lawsuit filed in February by Public Citizen, the Natural Resources Defense Council and the Communications Workers of America argues that the EO…

[This post is dedicated to Doug Larkin. Doug was the co-founder of the Asbestos Disease Awareness Organization. He suffered in recent years with Amyotrophic Lateral Sclerosis (ALS) and passed away yesterday.]  Dallas-based OxyChem imports about 300,000 pounds of asbestos each year. Yes, asbestos. The deadly mineral that most Americans think is banned (it's not) and responsible for about 15,000 U.S. cancer deaths annually. OxyChem is likely the largest asbestos importer in the U.S. The company is required under the Toxic Substances Control Act (TSCA) to report its asbestos imports to the EPA.…

Add this to the list of absurdities from the Trump Administration: the Justice Department (DOJ) is arguing that the AFL-CIO and the United Steelworkers (USW) should rely on DOJ attorneys to defend an Obama-era OSHA regulation. Seriously? The rule that DOJ says it will defend on the unions' behalf was adopted by OSHA in May 2016 and concerns the reporting of injuries by employers. It is being threatened by a frivolous lawsuit brought the U.S. Chamber of Commerce, National Association of Home Builders, and the National Chicken Council.  The business associations filed their lawsuit in the U.S.…

Former Mayor Gayle McLaughlin remembers the phone calls from that evening. It was August 6, 2012. Constituents were calling McLaughlin at home to describe a huge cloud of black smoke infiltrated their neighborhoods. The cloud of pollution was coming from the Chevron refinery. A corroded pipe at the Chevron refinery failed, causing a massive cloud of hydrocarbon and steam that ignited. Next was the shelter-in-place warning. It covered the mayor's town of Richmond, CA town and neighboring San Pablo. The warning lasted lasted five hours. Four transit line stations were closed. Residents of…

Last week, I wrote about acupuncture, specifically how acupuncturists are unhappy that the UK National Institute for Health and Care Excellence (NICE), which provides guidelines for recommended treatments for diseases and conditions, does not recommend acupuncture for the treatment of knee osteoarthritis but does recommend arthroscopic washouts and debridement, for which the evidence is weak. My retort was simple: If this is true, the answer is not for NICE to start recommending quackery like acupuncture, but rather for it to stop recommending conventional medical and surgical treatments with…

At ProPublica, Michael Grabell investigates how U.S. companies take advantage of immigrant workers, focusing on Case Farms poultry plants, which former OSHA chief David Michaels once described as “an outrageously dangerous place to work.” He reports that Case Farms built its business by recruiting some of the world’s most vulnerable immigrants, who often end up working in the kind of dangerous and abusive conditions that few Americans would put up with. Grabell chronicles the history of Case Farms and how it first began recruiting refugees from Guatemala who were fleeing a brutal civil war in…

The Environmental Defense Fund’s (EDF) Richard Denison, PhD tipped me onto news that the chemical industry’s chief trade association now has one of its own in a key EPA office. Nancy Beck, PhD began work on Monday as second in command of EPA’s Office of Chemical Safety and Pollution Prevention. Immediately prior to her appointment, Dr. Beck was with the American Chemistry Council (ACC) in the position of Senior Director of Regulatory Science Policy. Prior to that she worked in the White House's regulatory czar's office during parts of the G.W. Bush's and Obama's administrations. President…

OSHA’s list of bad actors has two new members. I just happened upon an updated list on the agency’s website of the employers OSHA designates as "severe violators." It indicates the two companies were added in the four weeks following President Trump’s inauguration. The list is dated April 7, 2017. Mosier Industrial Services was involved in the gutting of a hundred year-old power plant in Columbus, Ohio. The project developers, Connect Realty and Schiff Capital Group, plan to convert the site into  offices and event space. OSHA inspectors issued citations on February 2 against Mosier…

A coincidence? A tip from the well-connected? Divine intervention? Whatever the reason, the timing couldn't have been more appropriate. Last weekend, a hundred physicians, patients, and trade unionists were attending the 13th Annual ADAO International Asbestos Awareness and Prevention Conference. At exactly the same time, comedian Bill Maher was skewering the Trump Administration and Republican lawmakers for their defense of asbestos. Maher's smackdown of the Republican's anti-science and anti-health policies came in a pointed 5-minute segment on the April 7 episode of HBO's Real Time. The…

At the Center for Public Integrity, Talia Buford and Maryam Jameel investigate federal contractors that receive billions in public funds despite committing wage violations against their workers. In analyzing Department of Labor data on more than 1,100 egregious violators, the reporters found that federal agencies modified or granted contracts totaling $18 billion to 68 contractors with proven wage violations. The Department of Defense contracted with the most wage violators. Under Obama, labor officials had attempted to address the problem with the Fair Pay and Safe Workplaces rule, which…

My favorite line from today’s Senate hearing on the nomination of Alex Acosta to be Labor Secretary came from Senator Elizabeth Warren: “The test for Secretary of Labor is not: are you better than Andrew Puzder.” Puzder was Trump’s first pick for the job. He had a long list of problems that made him unfit for the position. So instead of Puzder, the Senate Committee on Health, Education, Labor and Pensions is considering the nomination of Alex Acosta. The 48-year old is currently dean of the College of Law at Florida International University. He also served as U.S. Attorney for the Southern…

At the Sacramento Bee, Ryan Lillis and Jose Luis Villegas report on the effects that Trump’s immigration crackdown is having on California farms, writing that fear of deportation is spreading throughout the state’s farming communities. While many farmworkers believe immigration raids are inevitable, farm operators, many who voted for Trump, hope the president will bring more water to the region and keep immigration officials off their fields. Lillis and Villegas write: Fear is everywhere. The night before, the local school board became one of the first in California to declare its campuses a…

The American Public Health Association, the American Lung Association, and other health protection organizations have put Members of Congress and the Trump Administration on notice: dismantling regulations and slashing agency budgets will have dire consequences for Americans. The groups urged lawmakers to oppose several “regulatory reform” bills which were moving at lightning speed through the House of Representatives. Bills such as: The Searching for and Cutting Regulations that are Unnecessarily Burdensome Act of 2016 (SCRUB Act H.R. 998)) The Regulatory Integrity Act (H.R. 1004) The…