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News & Analysis | REG•WATCH Blog | Press Room
Thursday, June 12, 2008
For Crane Safety Rulemaking, No End in Sight
In today's New York Times, public policy mediator Susan Podziba writes an op-ed which uses two recent and tragic New York City crane accidents, which killed nine people, as an entree into the rulemaking process at the Occupational Safety and Health Administration (OSHA).
OSHA has had a rule to improve safety for crane and derrick workers in its regulatory pipeline for years. The pending rule, which would update an outdated policy from 1971, is welcomed by worker safety advocates and industry alike. Podziba tells the story of how the proposal was developed:
From July 2003 to July 2004, representatives of labor unions, crane manufacturers, crane operators, contractors, crane rental companies, builders, crane owners, billboard installers, insurance companies, electrical power line owners and safety experts met to discuss virtually all hazards associated with cranes — and how to prevent them. The deliberations were governed under the Federal Advisory Committee Act, which meant that the public could attend the sessions and address the representatives.
The group reached consensus on a set of revised crane standards. OSHA officials participated in the negotiations and contributed their expertise in writing enforceable regulations. According to OSHA's analysis, these standards would prevent 37 to 48 worker deaths per year. The draft regulations are about 120 pages long, and include important new requirements like the testing and certification of crane operators and the oversight of crane assembly and disassembly.
From the first day of deliberations — in accordance with the process, called negotiated rulemaking — the parties operated under this assumption: If this balanced group of stakeholders and the government could agree on a standard, then OSHA would publish it in the Federal Register as its proposed rule. After OSHA publishes a draft rule, the public has 60 days to comment before the final rule is published and becomes law.
Since then, the rulemaking has come to a grinding halt — even though the bulk of the work is already done. Why? Maybe it's because the Bush administration is ideologically opposed to new worker safety regulations. OSHA has issued only two significant new rules in seven-and-a-half years: one mandating employers pay for personal protective equipment (a no brainer) and one setting an exposure limit for chromium (required by a court deadline and not nearly as strong as the underlying science supported).
Or, maybe it's because of government-wide rulemaking process requirements. Celeste Monforton at the Pump Handle blog says, after the crane rule was written, "OSHA took nearly two years to prepare" a cost-benefit analysis. Monforton also says the rule was further slowed by the Small Business Regulatory Enforcement Fairness Act which requires OSHA give businesses a sneak preview of new rules and an opportunity for the Small Business Administration Office of Advocacy to pressure OSHA to make changes.
Whatever the reason, the two recent crane accidents are a tragic reminder of how OSHA inaction can have real world consequences.
Podziba and Monforton also remind readers of the new White House memo setting deadlines for regulations agencies want to finalize during the Bush administration. Since the proposal deadline has already passed, crane and derrick workers will have to wait until at least 2009 to see the standard finalized.
Posted by Matt Madia
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