Rep. George Miller Holds a Hearing On Osha's Penalties for Health and Safety Violations

Extract


Rep. George Miller Holds a Hearing On Osha's Penalties for Health and Safety Violations

HOUSE COMMITTEE ON EDUCATION AND LABOR HOLDS A HEARING ON OSHA'S PENALTIES FOR HEALTH AND SAFETY VIOLATIONS

APRIL 28, 2009

SPEAKERS: REP. GEORGE MILLER, D-CALIF., CHAIRMAN REP. DALE E. KILDEE, D-MICH. REP. DONALD M. PAYNE, D-N.J. REP. ROBERT E. ANDREWS, D-N.J. REP. ROBERT C. SCOTT, D-VA. REP. LYNN C. WOOLSEY, D-CALIF. REP. RUBEN HINOJOSA, D-TEXAS REP. CAROLYN MCCARTHY, D-N.Y. REP. JOHN F. TIERNEY, D-MASS. REP. DENNIS J. KUCINICH, D-OHIO REP. DAVID WU, D-ORE. REP. RUSH D. HOLT, D-N.J. REP. SUSAN A. DAVIS, D-CALIF. REP. RAUL M. GRIJALVA, D-ARIZ. REP. TIMOTHY H. BISHOP, D-N.Y. REP. LINDA T. SANCHEZ, D-CALIF. REP. JOE SESTAK, D-PA. REP. DAVE LOEBSACK, D-IOWA REP. MAZIE K. HIRONO, D-HAWAII REP. JASON ALTMIRE, D-PA. REP. PHIL HARE, D-ILL. REP. YVETTE D. CLARKE, D-N.Y. REP. JOE COURTNEY, D-CONN. REP. CAROL SHEA-PORTER, D-N.H. DEL. GREGORIO "KILILI" CAMACHO SABLAN, I-NORTHERN MARIANA IS. RES. COMMISSIONER PEDRO PIERLUISI, D-P.R. REP. DINA TITUS, D-NEV. REP. MARCIA FUDGE, D-OHIO REP. JARED POLIS, D-COLO. REP. PAUL TONKO, D-N.Y. RES. COMMISSIONER PEDRO PIERLUISI, D-P.R.

REP. HOWARD P. "BUCK" MCKEON, R-CALIF., RANKING MEMBER REP. TOM PETRI, R-WIS. REP. PETER HOEKSTRA, R-MICH. REP. MICHAEL N. CASTLE, R-DEL. REP. MARK SOUDER, R-IND. REP. VERNON J. EHLERS, R-MICH. REP. JUDY BIGGERT, R-ILL. REP. TODD R. PLATTS, R-PA. REP. JOE WILSON, R-S.C. REP. JOHN KLINE, R-MINN. REP. CATHY MCMORRIS RODGERS, R-WASH. REP. TOM PRICE, R-GA. REP. ROB BISHOP, R-UTAH REP. GLENN THOMPSON, R-PA. REP. BRETT GUTHRIE, R-KY. REP. BILL CASSIDY, R-LA. REP. TOM MCCLINTOCK, R-CA. REP. DUNCAN D. HUNTER, R-CALIF. REP. PHIL ROE, R-TENN.

WITNESSES: REBECCA FOSTER, STEPMOTHER OF JEREMY FOSTER

LAWRENCE HALPRIN, PARTNER, KELLER AND HECKMAN LLP

MARGARET SEMINARIO, SAFETY AND HEALTH DIRECTOR, AFL-CIO

DAVID UHLMANN, PROFESSOR AND DIRECTOR, ENVIRONMENTAL LAW AND POLICY PROGRAM, UNIVERSITY OF MICHIGAN LAW SCHOOL

[*] MILLER: The Committee on Education and Labor will come to order this morning for their purposes of conducting a hearing on the question of whether OSHA's penalties are adequate to deter -- to deter health and safety violations.

This is an effort to explore whether current penalties are adequate to protect the health and safety of American workers. This hearing -- it's -- it's fitting that we recognize Workers' Memorial Day today. This -- this day honors the thousands of workers who fall sick or are injured or killed each year due to hazardous conditions on the job.

The landmark Occupational Safety and Health Act became the law in 1970, opening the door to safer and healthier workplaces for millions of workers. In nearly 40 years in its existence, the Act protections has saved hundreds of thousands of lives and millions more of avoided exposure to preventable illnesses and injuries.

I applaud the hard work of those Occupational Safety and Health Administration employees who ensure that workers can return home to their families safe and healthy after their shift.

However, over the last decades evidence suggests that we've seen an erosion of workplace protections guaranteed by the Occupational Safety and Healthy -- Health Act. The erosion of OSHA's effectiveness was particularly acute during the last several years.

Beginning in the last Congress, the committee and Ms. Woolsey's subcommittee conducted a systematic examination of OSHA and the agency's ability to -- to adequately protect workers.

Since assuming the majority, we have held at least 15 hearings into workplace health and safety issues, most often issues regarding the failure of the last administration to properly protect American workers.

We found well-documented hazards, like the exposures to chemicals that cause popcorn lung disease, the combustible dust dangers, as well as basic regulatory work like updating construction standards, were not being addressed.

In fact, OSHA's regulatory function shut down. The Bush administration promulgated only one significant health and safety standard during its tenure, and that was under court order. Addit...

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