Nov 29 2008
Will This President Ever Be Gone?
For an administration so concerned about safety in the workplace that the only OSHA health rule set under their watch was issued because of a court order, the rush is on to add another step to the process of protecting health of American workers, a process that already can take up to eight years or more.
This rule, added to The Code of Federal Regulations, could add two years to the process the Labor Department uses to regulate hazardous materials and toxic substances in the workplace. The department is currently considering regulating silica, beryllium and diacetyl.
Previous chemicals regulated by the department include asbestos, benzene, cotton dust, formaldehyde, lead, and vinyl chloride. Also regulated in the workplace are blood-borne pathogens including the virus that causes AIDS.
The Code of Federal Regulations have the force of law. While President Bush and President Clinton both reversed executive orders of their predecessors, it’s harder to cancel or change final orders like the Code of Federal Regulations once they have been finalized. The Supreme Court has said that the process should be treated as if it was a new rule and supply a reasoned analysis after soliciting public comment.
President-Elect Obama is opposed to this rule that would be applied to the Occupational Safety and Health Administration and the Mine Safety and Health Administration. Along with four other senators, he introduced a bill in September that would prevent this rule from being issued by the Labor Department. A letter stating the proposal would “create serious obstacles to protecting workers from health hazards on the job” was also signed by Obama.
