CCP Struck Down
by Tom DiNome
The federal Occupational Health and Safety Administration's long-embattled Cooperative Compliance Program was dealt another setback when an appeals court struck down the program.
On April 9, the Washington, D.C., Circuit Court of Appeals ruled against CCP, which would give employers with high injury-and-illness rates a choice between traditional enforcement and partnership. Its objection was that OSHA had not provided prior notice and a proper timeframe for public comment to the program.
"OSHA was implementing what seemed to be a new set of regulations for companies without going through the normal process," says Quentin Riegel, deputy general counsel for the National Association of Manufacturers, one of the leading industry organizations behind the lawsuit challenging CCP. "Manufacturers and other companies were never given an opportunity to comment on the new requirements, so we were basically asking the court to make sure OSHA goes through the right legal process before imposing new requirements on companies."
Developed by OSHA in 1997, CCP was based on a similar program in Maine. It gave employers with the highest injury-and-illness rates a choice between traditional enforcement and inspection, or a partnership with OSHA to reduce hazards and improve workplace safety (TechNews, March/April 1998, p. 29). Viewed by OSHA as an enforcement strategy, 33 newspapers had been alerted about the program before the court put CCP on hold in February 1998.
"We were concerned about an apparent attempt by OSHA to use this [program] to get some requirements in through the back door," Riegel adds. CCP appeared to contain provisions requiring businesses to make changes in safety programs—without any clear proof that those changes would actually improve safety, he says. "Businesses would have had to comply with requirements that were not required under current OSHA rules," adds Susan Kysela, labor and employment counsel for the U.S. Chamber of Commerce.
Secretary of Labor Alexis M. Herman said in a statement that the Department of Labor was "disappointed in the court's ruling." The federal department still believes "CCP would benefit employers, employees and taxpayers," he said.
The ruling will not prevent OSHA from continuing its efforts to target high-hazard workplaces, Herman said. OSHA may also present the CCP again, provided it follows the notice and comment procedures.
Even though CCP was struck down newspapers still must comply with workplace-safety regulations, cautions Donald Hensel, NAA's environmental-and-safety services manager.
"If an OSHA inspector finds that a newspaper doesn't have, for example, a hazard communication program, it will still have to implement one."
NAA has not taken a position on the court's ruling, but the Association offers compliance-focused training programs to its members.
"Either way, we can help newspapers with their workplace-compliance programs," Hensel says.
Tom DiNome is a free-lance writer based in Mamaroneck, N.Y. Tomdinome@aol.com; phone, (914) 381-0766; fax, (914) 381-7549.
Y2K and Safety
As 2000 looms ever nearer, don't overlook systems that affect workplace safety and health. The U.S. Occupational Safety & Health Administration recommends Y2K testing for all safety-related systems.
Such systems may be difficult to find because computer chips are embedded in all kinds of equipment, and any computer-controlled machinery or production process could fail or malfunction. In the health-and-safety arena, this could cause numerous problems:
- Some businesses have computerized hazardous-materials information or databases they may not be able to access if systems aren't Y2K compliant.
- Embedded computer chips often display routine maintenance messages. If these chips fail or lose track of the correct date, other Y2K-compliant components may not be replaced on schedule, causing them to malfunction as well.
- Unchecked safety features could also be responsible for widespread system failures. For example, a power-generating station simulated changing the date for a boiler-feedwater control loop. The date change caused the feedwater regulating valves to slam shut and initiated the boiler trip logic. Had this not been a test, the plant would have come to a screeching halt.
Each system should be checked for time-sensitive logic controls, then evaluated to see whether the controls can handle the date change. Those that can't should be repaired or replaced, then retested to ensure they work properly.
OSHA Inspections Decline, Fines Rise
by Allen Cooley
Occupational Safety and Health Administration activity in the newspaper industry decreased slightly in 1998. Some 72 inspections were conducted at newspaper work sites, compared to 97 in 1997. But a total of $105,000 was paid by newspapers to federal and state OSHA programs for citations issued from those inspections, a noticeable increase over 1997.
Lockout/tagout proved the most expensive newspaper-industry citation category in 1998, followed closely by guarding, according to an analysis of federal OHSA citations.
Under the Occupational Safety and Health Act of 1970, OSHA is authorized to conduct workplace inspections to determine whether employers are complying with standards issued by the agency for safe and healthful workplaces. Inspections are performed by federal OSHA compliance officers, or state OSHA officers if the state has its own OSHA program. There are currently 25 state plans in effect.
With roughly 8 million workplaces covered by the OSHA Act, OSHA compliance officers visit the worst situations first, especially if there is an imminent danger in the workplace.
Allen Cooley is an NAA industrial hygenist. E-mail, coola@naa.org; phone, (703) 902-1834; fax, (703) 902-1857.