In many of our previous posts we have mentioned the important role the Occupational Safety and Health Administration plays in workplace safety throughout the country including the state of Pennsylvania. Through the creation and enforcement of federal regulations, the agency strives to reduce the number of work related injuries that occur. According to a recent report issued by the Government Accountability Office, the agency's mission is being hindered by the amount of time it takes for most regulations to be passed.
The average amount of time it reportedly takes for a new regulation to be adopted is reportedly eight years. Government auditors who issued the report indicate that amount of time is around 50 percent longer than it takes for another agency, the Environmental Protection Agency, to adopt regulations. Since 1981, 25 percent of the regulations that have been approved have taken over 10 years to occur. Some have even taken 20 years to become rules.
The length of time is a concern for all workers since accidents that might otherwise not occur if a regulation is in place, can happen while the regulation is working its way through the system. The injuries resulting from these accidents can be serious and in some cases even fatal.
In response to the criticism, OSHA has indicated several factors that do not apply to other agencies that contribute to the length of time it takes to adopt regulations:
- More procedural requirements
- The need to shift to address a different problem before the regulations for a matter are complete
- A standard of judicial review that is higher
The report issued by GAO offers some suggestions on ways the length of time may be shortened. In addition to working with the National Institute for Occupational Safety and Health, the judicial standards could be made less stringent through congressional action.
Workers throughout the Pennsylvania would likely be happy about any actions that would make their workplaces safer.
Source: Insurance Journal, "OSHA Hit for Taking Too Long to Adopt Workplace Safety Rules," Sam Hananel, April 23, 2012