Washington — Efforts to expand OSHA’s compliance assistance programs clashed with the Trump administration’s push to cut federal safety agency staffing, budgets and regulations during a July 16 House Workforce Protections Subcommittee hearing.
Safe Workplaces, Stronger Partnerships: The Future of OSHA Compliance featured subcommittee members and witnesses discussing various avenues for improving worker health and safety – particularly OSHA’s Voluntary Protection Programs.
Rep. Ryan Mackenzie (R-PA), chair of the subcommittee, hailed VPP as “a proactive approach to safety” that doesn’t “rely solely on inspections and investigations after a violation happens.” VPP recognizes workplaces that demonstrate best practices in safety and health management.
Rep. Ilhan Omar (D-MN), ranking member of the committee, responded by claiming that the White House’s efforts to cut funding for and eliminate staff at OSHA, NIOSH, and the Mine Safety and Health Administration, as well as potentially shutter the Chemical Safety Board, are in direct contrast to prioritizing worker health and safety.
“The message is clear,” Omar said. “Workers’ rights and protections are under attack. Compliance assistance programs have their place, but they are no substitute for clear standards that are actively enforced.”
Chris Williams, executive director of the Voluntary Protection Programs Participants’ Association, and Kevin Sell, senior manager of corporate development at Kwest Group, applauded bipartisan legislation introduced in April that would allow up to 5% of OSHA’s annual budget go to VPP.
H.R. 2844, known as the Michael Enzi Voluntary Protection Program Act, was introduced by Rep. Diana Harshbarger (R-TN) and co-sponsored by Rep. Mike Thompson (D-CA).
“It’s a bill for everyone,” Williams said. “There’s a misconception that one side or the other is going to get a victory here. This is a victory for all American workers.”
Current funding for VPP, according to Williams, is less than 1% of OSHA’s annual budget and is subject to change. “That 5% number represents growth in a program that we know has been successful.”
The bill also would require participants to conduct annual self-evaluations and host onsite evaluations, as well as allow “periodic reevaluations” by representatives of the labor secretary.
Provisions in the bill, however, state that onsite visits shall not result in enforcement of citations and that “any serious hazard or violation identified” shall be corrected within 90 days or “as soon as practicable.”
Omar insisted that compliance assistance programs should enhance partnerships between OSHA, workers and employers, not offer “loopholes that allow dangerous conditions to persist.”
Sell, who was testifying on behalf of Associated Builders and Contractors, said successes in voluntary programs are a badge of honor for employers.
“Many of us call the VPP OSHA’s seal of approval,” he said. “The VPP makes the work environment better, safer, and even supports business growth and job security.”
Sell added that having a partnership with an OSHA regional office allows VPP participants to “gain nonenforcement support so you can work with OSHA to get better and reduce risk to your entire team.”
He encouraged OSHA to hire more compliance assistance specialists, noting that the Chicago regional office – previously known as Region 5 – has one specialist in Ohio, where Kwest is based; three in Illinois; and none in Wisconsin or Michigan.
Rebecca L. Reindel, safety and health director for the AFL-CIO, claimed that the Trump administration’s rollback of OSHA resources will create a situation akin to “the fox guarding the hen house.”
“You have fewer inspections, less presence in the workplace by OSHA,” Reindel said. “You also don’t have an avenue for workers to reach out (about safety issues). This has a severe dampening effect.”
