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ASSE Member Testifies On OSHA Legislation


In testimony before the House Education and Workforce Committee Subcommittee on Workforce Protections on Promoting Worker Safety and Fairness for Small Business, American Society of Safety Engineers (ASSE) member Jon Turnipseed, CSP, safety program manager for the San Bernardino, CA Municipal Water Dept, thanked the committee for working to advance the nation''s commitment to occupational safety and health. The testimony took place in May 2005.

"From my experience, I can tell you that the ideas the Subcommittee is examining today -- a third party audit program, and providing more useful information in OSHA closing conferences -- are ideas that can complement and strengthen OSHA''s enforcement role, which our members strongly support," Turnipseed said. "Enforcement is never enough, however. The challenge ASSE members face in today''s workplace is to help employers move beyond compliance toward establishing proactive workplace safety and health measures. The ideas under consideration today will encourage more employers to do the same.

"ASSE has long supported legislation that would encourage employers to engage in voluntary safety and health audits," he continued. "The approach in Senator Enzi''s SAFE Act calls for a third-party independent audit and evaluation program separate from OSHA. These voluntary audits will not supplant OSHA enforcement and cooperative efforts, only add one more tool to help increase the number of safe and healthy workplaces. OSHA simply is not given enough resources to provide the inspections or consultation services that can reach as many employers as we would like."

Turnipseed went on to testify that, under such a program, qualified auditors with necessary experience, education, and skills established by a Dept of Labor advisory committee would perform workplace inspections and provide consultation services to participating employers. He noted that auditors should have professional safety and health credentials -- like the Certified Safety Professional (CSP) or the Certified Industrial Hygienist (CIH) -- that meet stringent requirements of quality accreditation bodies -- the National Commission for Certifying Agencies (NCCA), the Council of Engineering and Scientific Specialty Board (CESB), or ANSI/ISO.

Turnipseed also commented on a bill proposed by Representative Tiahrt (HR 979) to provide employers with better information at OSHA closing conferences, stating that the proposed measure would give employers timely notice of any perceived hazards or regulatory violations so the employer can take prompt, voluntary corrective action to protect workers.

"However, at a closing conference it is unlikely that an OSHA inspector can know precisely what citations OSHA officials will ultimately approve," Turnipseed said. "Additional review following accident investigations or health monitoring analysis, for example, may be necessary. While inspectors should identify specific conditions that pose a threat to worker safety and health, initial citation recommendations at the closing conference cannot be made binding on the agency."

With that change, ASSE supports this proposal. The subcommittee bills being considered fall under the umbrella of Improving workplace safety and reforming OSHA with a focus on small businesses.

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