OSHA bill endorsed in House

Stephens Washington Bureau

WASHINGTON -- A bill that would give the government powers to step in and help enforce worker protections in states such as Nevada with troubled safety programs got an endorsement Wednesday in the House of Representatives.

The Education and Labor Committee agreed with the bill to expand the authority of the Occupational Safety and Health Administration and attached it as an amendment to an unrelated measure that updates mining safety laws.

The amendment also calls for a federal audit every five years in states that operate their own safety programs, including an examination of cost-sharing formulas that suggest Nevada and some other states are paying more than half for their plans.

The amendment was introduced by Rep. Dina Titus, D-Nev., as Nevada is attempting to correct problems uncovered in a federal audit after the deaths of construction workers during the building of CityCenter.

What was clear from the audit, Titus said, was that Nevada's safety agency "has not been enforcing workplace health and safety standards as well as should have been the case."

Nevada is one of 22 states that operates its own workplace safety programs through an agreement with OSHA. Under current law, Titus said the federal government has limited options to get states to correct deficiencies.

"They can ask nicely and hope the state complies," she said, which has been the case in Nevada. OSHA officials also can "make the drastic move of terminating the state plan," which removes state control altogether.

The amendment allows for a "middle ground," Titus said. OSHA could compel a state to fix its program short of termination, sharing authority to enforce worker safety laws while the problems are being fixed.

The audits that would be conducted every five years by the Government Accountability Office would review the state plans and how they are funded.

Current law calls for a 50-50 split between the federal government and the states, but many states are paying more than half, Titus said.

In Nevada, the federal government is paying $1.5 million for enforcement of worker laws while the state is paying $5 million, according to OSHA figures presented by Titus.

California, Oregon, Washington, Kentucky and Michigan are other states paying substantially more than half, she said.

Contact Stephens Washington Bureau Chief Steve Tetreault at stetreault@stephensmedia.com or
202-783-1760.