Masonry Magazine June 2007 Page. 11
A bill might contain provisions beyond those in Kennedy's bill.
Kennedy and Murray have been soliciting support for their legislation as well as seeking support from other Senators to sign on as original cosponsors of the bill. According to Kennedy and Murray's "Dear Colleague" letter, "There are many things we can and must do to provide greater protections for the nation's workers. More workers deserve to be covered. Stronger enforcement will help eliminate hazardous conditions before, not after, workers are injured or killed. Our federal agencies should develop better safety standards to address not only existing risks at work, but also the likelihood of future hazards caused by newly-developed chemicals and innovative technologies."
The bill summary states that the legislation would apply to more than 8.5 million workers currently not covered by OSHA's protections.
Furthermore, the legislation would increase penalties for employers who commit willful OSHA violations that result in a worker's death or serious injury, making felony charges available for such employers. Under current law, employers may only be charged with a misdemeanor when a willful OSHA violation leads to a worker's death. The legislation also would update OSHA civil penalties, as well, with a minimum fine of $50,000 if a willful OSHA violation leads to a worker's death.
In addition, the legislation would update whistleblower protections by adopting administrative procedures from laws such as the Surface Transportation Act that have been successful. According to a summary of the bill, OSHA's whistleblower protections have remained unchanged since 1970.
Kennedy's bill also would require the Department of Labor to investigate all deaths or serious injuries, give the right to workers and their families to meet with investigators, and require employers to inform employees about their rights.
Finally, the bill would clarify that employers must provide workers with safety equipment, including personal protective equipment. Miller's committee in the House is expected to take a closer look at some of the industry sectors hardest hit by ergonomics injuries, such as nursing and meatpacking.
According to a March 19th issue of Inside OSHA, the Senate Appropriations labor subcommittee also plans to probe OSHA's slow pace in issuing ergonomics guidelines, which the agency promised to draft when its ergonomics standard was repealed by Congress many years ago as part of an incremental focus on ergonomics.
Both Rep. Miller and Sen. Kennedy are passionate about the issue of OSHA reform; therefore, it is certain that Congress will deal with this issue at some point in the coming months.
Jessica Johnson Bennett is director of Government Affairs for MCAA. She brings to the Association an extensive background in public affairs and government relations. Her expertise in strategic planning, PAC management and operations help leverage the position of the MCAA on key policy issues that are important to the masonry industry.
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