The Department of Labor (DOL) administers the Occupational Safety and Health Act of 1970 (OSH Act) and the Federal Mine Safety and Health Act of 1977 (Mine Act), as amended by the Mine Improvement and New Emergency Response Act of 2006 (MINER Act). DOL’s effective enforcement of these laws is critical to protecting workers from death, injury, and illness. The two DOL agencies primarily responsible for enforcing these laws are the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA). OSHA and its state partners are responsible for the safety and health of 130 million workers employed at more than 8 million establishments. MSHA is responsible for the safety and health of more than 350,000 miners who work at more than 13,000 mines.
CHALLENGE FOR THE DEPARTMENT
The Department faces challenges in determining how to best use its limited resources to help ensure the safety and health of workers, particularly in high risk industries such as construction, forestry, fishing, agriculture, and mining. OIG audits have found OSHA lacks outcome-based data needed to determine the effectiveness of its programs. OSHA is also challenged to protect workers from retaliation and discrimination when they “blow the
whistle” on unsafe or unhealthy workplace practices.
MSHA continues to struggle to meet its statutory mine inspection requirements and other enforcement responsibilities, such as protecting the rights of miners who report workplace safety and health concerns. At MSHA, this challenge is made even more difficult by the demands of maintaining a cadre of experienced, diverse, and properly trained enforcement staff and top management. Almost 40% of MSHA’s health and safety personnel are eligible to retire by 2017. This is a particularly pressing issue given the nearly 2 years it takes to train new mine inspectors. Moreover, 78% of MSHA’s top leadership is eligible to retire by 2017. MSHA is also challenged by the underreporting of occupational injuries and illnesses by mine operators. This underreporting hinders MSHA’s ability to focus its resources on mines that have elevated accident and injury rates. MSHA recently implemented the first phase of its new standards for a phased reduction in the amount of allowable respirable dust in coal mines by August 2016. While MSHA has reported positive results in the first phase, the agency remains challenged to ensure compliance with the more rigorous standard taking effect in 2016, particularly in the face of an ongoing court challenge by the industry to the new regulations.
DEPARTMENT’S PROGRESS
OSHA stated it is considering changes to the way it does business to better use its limited resources. In this regard, the Department initiated a multi-year study of OSHA’s Site Specific Targeting program to assess the impact of program interventions on future employer compliance. The study is scheduled to be completed by the end of calendar year 2015. OSHA has introduced 10 new performance measures for monitoring State Plans, one of which is intended to help OSHA determine the effectiveness of State Plan inspection targeting. For its whistleblower protection program, OSHA has created and updated its dedicated website – www.whistleblowers.gov. The site provides workers, employers, and the public with easily accessible information about the 22 federal whistleblower protection statutes OSHA currently administers. OSHA has also established whistleblower dedicated Assistant Regional Administrator positions in its regions.
MSHA stated it has new and ongoing initiatives and other strategies in FY 2015 to protect the nation’s miners, with the goal of continuing the long-term trend toward reduced fatality rates. MSHA stated it stepped up its targeted enforcement at metal/nonmetal mines and continued to engage in compliance initiatives including implementation of the first phase of the Respirable Dust Rule to end black lung disease among coal miners, promotion of the Rules to Live By initiative to prevent common types of mining deaths, and issuance of guidance on ladder safety and workplace examinations to improve compliance with the most frequently cited violations of metal/nonmetal standards. MSHA issued a final rule on proximity detection systems for continuous mining machines in underground coal mines and a proposed rule for proximity detection systems on mobile machines, also in underground coal mines. In addition, MSHA stated it implemented technological advancements to make mine rescue safer and more efficient and extended its mine rescue reach by establishing regional mine emergency stations. MSHA also stated it has developed a succession plan for FYs 2013-2017 and is implementing key strategies for leadership development such as training, mentoring and detailing employees to developmental assignments.
WHAT REMAINS TO BE DONE
OSHA’s performance measures have been focused on activities rather than outcomes. While OSHA cites several studies that have shown a positive impact from OSHA inspections, the agency needs to continue its efforts to develop metrics that reflect the impact of its enforcement efforts on improving workplace safety and health. When its study of the Site Specific Targeting Program is completed, OSHA needs to analyze the study results and use them to improve its targeting efforts. Similarly, OSHA needs to evaluate its ten new performance measures to identify the measures that have been having a positive impact on improving worker safety and health. While OSHA has implemented timeliness measures for its Whistleblower Program, it needs to develop performance measures that will indicate if the program is working as intended and if complaints are being thoroughly investigated.
MSHA needs to continue taking action to further enhance its knowledge of the underreporting of accidents, injuries and illnesses by mine operators and use this knowledge to finalize its strategy to address mine operator programs and practices that discourage reporting. MSHA also needs to continue working on the next steps in mine safety, including training the mine rescue community on state-of-the-art communications, monitoring and tracking systems; developing new mine rescue and command and control guidance; investing in video tools for advancing rescue teams; and upgrading seismic and robotics technology. MSHA also needs to continue conducting stakeholder outreach so that mine operators have ample time to adjust to the new respirable coal dust requirements. MSHA further needs to continue its efforts to ensure key health, safety, and top management positions do not experience significant vacancies.
Source: Top Management and Performance Challenges Facing the U.S. Department of Labor – November 2015