Wednesday, July 23, 2008

Is the Department of Labor sacrificing health of workers for corporate profits?

According to the Washington Post today the Bush administration seems to be moving in secret to issue rules which should have a strong scientific basis.

Extracts:
Political appointees at the Department of Labor are moving with unusual speed to push through in the final months of the Bush administration a rule making it tougher to regulate workers' on-the-job exposure to chemicals and toxins.

The agency did not disclose the proposal, as required, in public notices of regulatory plans that it filed in December and May. Instead, Labor Secretary Elaine L. Chao's intention to push for the rule first surfaced on July 7, when the White House Office of Management and Budget (OMB) posted on its Web site that it was reviewing the proposal, identified only by its nine-word title.

The text of the proposed rule has not been made public, but according to sources briefed on the change and to an early draft obtained by The Washington Post, it would call for reexamining the methods used to measure risks posed by workplace exposure to toxins. The change would address long-standing complaints from businesses that the government overestimates the risk posed by job exposure to chemicals.......

(T)he fast-track approach has brought criticism from workplace-safety advocates, unions and Democrats in Congress. Some accuse the Bush administration of working secretly to give industry a parting gift that will help it delay or block safety regulations after President Bush leaves office.......

The OMB has been trying to address the issue of risk assessment since 2006, when it attempted to set new standards governing how a host of federal agencies reach their conclusions. That plan was withdrawn after the National Academy of Sciences called it "fatally flawed" because it lacked scientific grounding......

Typically, before drafting a rule, agency officials consult with staff members, lawyers and outside experts, and sometimes industry and other interested parties. But Misir initially did not consult scientific and workplace-risk-assessment experts in OSHA and the Mine Safety and Health Administration, according to sources briefed on her work.

Charles Gordon, a recently retired Labor Department lawyer who worked on regulations in OSHA's solicitor's office for 32 years, said the policy office does not usually take the lead on rules involving risk assessments. "Normally, issues of health science like risk assessment are performed by OSHA and MSHA, that have statutory authority and expertise in the area," Gordon said......

The July submission of its proposal broke a deadline set by White House Chief of Staff Joshua B. Bolten, who had ordered that all agencies submit proposed regulations before June 1 and "resist the historical tendency of administrations to increase regulatory activity in their final months."

Nevertheless, the OMB agreed to work with Labor on the proposal. The July 7 posting on its Web site shocked many inside and outside the agency who had been following the events.
Comment: The article sets forth a pretty convincing case that political appointees sought to bypass scientific review process in order to make politically motivated modifications in regulations that would have potential health impacts. JAD

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