Now that the controversial Dr. David Michaels was confirmed by the U.S. Senate on December 9th, we have two of the most aggressive figures holding the top two positions at Federal OSHA. I expect to see the most ambitious agenda in years for this agency. Honestly, it has already started.

Michaels, an epidemiologist and university professor is the author of Doubt is Their Product: How Industry’s Assault on Science Threatens Your Health (Oxford University Press, 2008) and articles in Science, the Journal of the American Medical Association, Scientific American, and other scientific publications. From 1998-2001, Dr. Michaels served as assistant secretary of Energy for Environment, Safety and Health in the Department of Energy under the Clinton administration.

Michaels and his right hand man Jordan Barab, a former union official and congressional staff member won’t have any moss growing under their feet as they move forward with their direction for OSHA. Barab has already been clearing the trail for the past nine months. The question still remains whether they can push their agenda through vs. the push back they are going to receive from industry groups and others.

Dr. Michaels’ agenda for OSHA will start with an increased emphasis on enforcement and penalties. We have already been seeing this over the last several months, and I predict this will even escalate. His agenda also includes expediting rulemaking procedures.

I expect OSHA to push harder on current rulemaking for beryllium, silica, diacetyl, confined space for construction, cranes and derricks, hazard communication, and combustible dust. Dr. Michaels will also be pushing OSHA to initiate a new rulemaking to mandate employers have standardized occupational safety and health program. A one size fits all mentality. With Michaels occupational health background there will be a renewed focus on industrial hygiene issues, hearing conservation and ergonomics.

From our politicians we will be hearing much more in the next few months about the “Protecting American Workers Act“. Expect some heated debate on the Hill over that one. If passed in its current form we will see even more increases in the dollar amount of OSHA penalties as well as an increase in criminal prosecutions of business owners and senior management.

Dwayne Towles
Vice President/Chief Operating Officer
Advanced Safety & Health, LLC

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This entry was posted on Thursday, December 17th, 2009 at 2:49 pm and is filed under Commentary, OSHA. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.