CHAPEL HILL - Current attempts in Congress to substantially alter and diminish the 1970 Occupational and Safety Act and the agency responsible for enforcing it are somewhat misguided, public health experts say. Instead, workplace safety regulations should be enhanced and the Occupational Safety and Health Administration made more effective by boosting its impact through emphasis on what works.
That's the conclusion three University of North Carolina at Chapel Hill School of Public Health occupational safety specialists draw in a review and opinion article in the American Journal of Public Health's July issue.
Thomas H. McQuiston and Ronda C. Zakocs, doctoral students in health behavior and health education, and Dr. Dana Loomis, associate professor of epidemiology, wrote the report.
"If we are to realize the promise of the 1970 Occupational Safety and Health Act, which is that all workers are entitled to a safe and healthy work environment, we must build upon, rather than dismantle, those strategies that have proven effective," the authors write.
Historically, they say, OSHA supporters have argued for strengthening the agency and said inspections were too few, fines have been inconsequential, and workers still have inadequate protections. Opponents, who have gained greater attention, said enforcement efforts were excessive, should be reduced and ought to be more voluntary.
OSHA has been unable to deter workplace safety violations as well as it could because enforcement lacks certainty, severity and swiftness, the UNC-CH authors say.
"Although some targeted sectors are inspected more frequently, on average, the federal agency can currently inspect each workplace once every 144 years, while state-enforced OSHA plans can reach each workplace once every 55 years," they write. "The average federal penalty for a 'serious violation' in fiscal 1995 was $763 (11 percent of the maximum), while that for 'other than serious' violations was $52 (7 percent of the maximum)."
The most recent data show that the average time from the start of an inspection to a citation was 31 days for safety and 42 days for health. Among the almost 10 percent of citations contested, final decisions took months and sometimes years.
Studies measuring OSHA's enforcement effectiveness frequently have been marred by inadequate design, data or analysis. Work documenting falling national fatality rates have been cited by some as evidence of OSHA's successes, while opponents argued the rates have fallen independently of OSHA efforts.
Overall, the UNC-CH authors say the available evidence suggests that:
- OHSA's enforcement strategy is rational and reflects current beliefs about deterring health and safety violations.
- Enforcement is too slow and uncertain.
- Inspections and penalties have made most workplaces safer.
- Other means of focusing companies' attention, coupled with enforcement, may improve safety further.
"A number of innovations have been suggested for strengthening the impact of OSHA that focus on greater involvement of workers, including devolving to them some of the agency enforcement powers," they say. "The strategy of granting workers the authority to inspect workplaces, to monitor health and safety programs and to directly respond to unsafe working conditions has the potential to simultaneously focus corporate attention on unsafe conditions and enhance agency enforcement "
Examples of such potential include studies showing worker education programs that highlight OSHA standards have boosted safety practices and compliance with regulations.
Note: Loomis can be reached at (919) 966-7433, McQuiston at 932-6079.
Journal
American Journal of Public Health