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Bush Administration Rushes to Change Workplace Toxin Regulations
Before End of Term

In the final months of the Bush administration, the Department of
Labor is pushing through a rule that will make it harder to regulate
workers’ on-the-job exposure to chemicals and toxins. Instead of
disclosing their proposal (as required) in the public notices of
regulatory plans, the Labor Secretary made her plans first known on
July 7 when the White House OMB wrote on its website that it was
reviewing this proposal. The proposal was identified only by its
title.

The contents of the proposal have not been disclosed to the public.
According to an early draft obtained by the Washington Post, however,
the proposal calls for re-examining methods for measuring risks posed
by workplace toxins.

The new proposal would also require that extra steps be taken before
new limits on chemicals in the workplace are set. This would occur
because of an extra level of challenges instituted to gauge risk
assessments.

The pace that these regulatory changes are being instituted is
contrasted with prior reluctance in altering workplace safety rules
over the entire course of the Bush administration. During this time
the department has adopted only one health rule pertaining to
chemicals in the workplace (and this was done under court order).

The OMB has had risk assessment on its agenda since 2006. At that
time, they attempted to set new standards for overseeing how federal
agencies reach their conclusions. That plan was withdrawn because the
National Academy of Sciences labeled it "fatally flawed” saying it
lacked scientific grounding.

Several months ago, Deborah Misir, a Political Deputy with the Labor’s
Office of the Assistant Secretary for Policy, worked with the OMB to
construct a new risk-assessment rule. The usual protocol before
drafting such a rule is for agency officials to consult with staff
members, lawyers and other outside experts, and sometimes industry and
other interested parties as well. Misir did not initially consult
experts according to sources, however.

In spring 2007 the department was listing 38 potential workplace-
safety regulations as works in progress. Included in these priorities
were a proposal to reduce deaths and injuries from cranes and
derricks, a proposal to reduce illnesses from silica, and a proposal
to change the regulation of beryllium (a light metal that can harm the
lungs of dental and metal workers).

Almost overnight, however, tackling the risk-assessment process became
the agency's top priority as far as workplace regulations. The July
submission of the proposal broke a deadline that was set by White
House Chief of Staff Joshua B. Bolten. Even so, the OMB agreed to work
on the proposal. The July 7 post on the website surprised people both
inside and outside the agency who had been aware of the events.

The concern, obviously, is that this secrecy is an attempt change job
safety and health laws as well as reduce required workplace
protections. Adding this rule would create another barrier for safety
standards and effectively guarantee that future worker safety
regulations are prevented.

Department policy prevents discussion of the details of a draft rule
until it is reviewed by the OMB. The public will have 30 days to
analyze the draft after it is published.

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