Labor Pushing Proactive Agenda during a Dark Time for Workers

It doesn’t seem like a very safe time to be an American worker. Yesterday was Workers Memorial Day, and the news is filled with stories about why such a day is necessary. Seth Harris, Deputy Secretary of the Labor Department, called it a “somber time” in an event today at the Center for American Progress.

Whether in spite of these tragedies or because of them, Labor Department officials appear to have a renewed enthusiasm for protecting America’s workers. Officials used the Center for American Progress event to tout Labor's spring rulemaking agenda (part of the semiannual Unified Agenda of Regulatory and Deregulatory Action we’ve also blogged about this week). Several rules on the agenda reflect Labor’s new regulatory philosophy of “plan, prevent, protect,” Harris said.

The rulemaking agenda for the Occupational Safety and Health Administration (OSHA) is filled with many of the same regulations the agency has been working on for years. Rulemakings to set exposure standards for silica dust and beryllium, and new safety standards for shipyard employees and construction workers continue to progress in fits and starts.

But at the Center for American Progress event, OSHA chose to highlight a new entry on the agenda, the Injury and Illness Prevention Program, which if finalized will require employers to maintain and follow safety plans that incorporate best practices and aim to protect workers from any hazard they may face on the job. The program is still a long way from becoming a reality, but it may mark the beginning of a broader and more holistic approach to health and safety for OSHA.

The Mine Safety and Health Administration (MSHA) is planning a rule to address a major procedural flaw that has drawn attention in the wake of the Upper Big Branch mine explosion that killed 29 workers earlier this month. The agency will attempt to close a loophole whereby mine operators keep themselves off MSHA’s pattern-of-violations list by challenging safety violations. MSHA projects it will propose a new pattern-of-violations rule by January 2011.

The Wage and Hour Division, the Labor agency responsible for minimum wage, child labor, and other fair labor standards, is attempting to limit the misclassification of workers. Businesses can currently deem workers consultants or independent contractors, even if those designation are inappropriate, in order to deny them the same rights a typical worker would receive.

On the enforcement front, the message from the Labor Department officials was clear: Labor agencies will clearly communicate expectations for regulated businesses and do what they can to help those businesses understand what they need to do to comply. But for those scofflaws who flaunt laws and regulations (I’m looking at you, Massey Energy) Labor will use the tools at its disposal to force compliance and take punitive action if necessary.

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