NYSA TI Single-Page 1
Dlrect 0n on Health Standa r is
Abstract
Auchter insists that his efforts to alter the akeney's di.rectio.n h'av6 been supported by several union leaderships, but
Fields
- Named Organization
- AFL-CIO (American Federation of Labor/Congress of Industrial Organiza)Labor Union
- American Telephone and Telegraph Company (AT&T)
- Chamber of Commerce
- Exxon
- General Motors Corporation
- Monsanto
- Occupational Safety and Health Administration (OSHA)
- Office of Management and Budget (OMB)
- White House
- Named Person
- Bingham, Eula
- Boggs, Richard
- Donovan, Ray
- Evans, Thomas
- Gaydos, Joseph
- Miller, James
- Date Loaded
- 16 Mar 2005
- Box
- 0622
Document Images
. . -
Dlrect 0n on Health Standa r is ....
ation of worker exposure limits for lead er photo, era brown lung ;~ictim; wd~ hot
appealing, he says. "The .fact th.at it put"
the industry on the defensive is absolute~
ly inappropriate." The entit;e budget for
educational materials was drastically
curtailed. 'Tin appall~d at the amount of
money that's been spent in the past. It
makes absolutely no sense whatsoever."
Auchter insists that his efforts to alter
the akeney's di.rectio.n h'av6 been sup-
ported by several union leaderships, but
and c3tton dust, and he has postponed a
tighter lim.it on workplace noise. He has
exempted the construction industry from
a require~ment that it .provide medical
records to its worke~rs, and has delayed a
requirement th~at the smelting industry
comply with stiffer limits on'permissible
levels of lead in~.blood. A host of new
health standards under preparatirn be-
fore the election have now been placed
the~ shift in direction they are presiding .
"bver~" have apparently lowered morale .. ""
aiiaong the agency's technical and scien- -
tific experts. Several, who ask not to be
id.entifietl, express conceFn that Auchter
has been more interested in gettihg ad-
vice from trade association, r~pres.enta-
tires thffn he has from them. "There has
been little consultation and a lot of hip-
shooting," says one. "Everyo.ne in
health standards is restudying old rules,
and everyone else is just sitting idly by." -
A~chter says~:.that., in_itialappr-ehe-nsi0n .....
hasS~een din~inished amo~ag~sta~ff mem-
bers- that he iii~ets with- frequently. .
He-~acknowledgeff reeeivihg_~, good
dekl--0f advice from Organiz~it!on Re-
sources Counselors,Inc.~an |ndustrial re .....
latio~ns firm fo.unded 60 years ago by
John D.'Rock~feller. "Any time we can
get donated expertise, we're d~dgum go-
ing to rise it," he says. The firm's small
Washingtori off~ce is supported "by 60 -.,
large corporations, inclflding Du Pont,
General Motors, IBM, AT&T, Exxon,
Tenneco, and many others. "'We try to
help OSHA do a more accurate job of
setting standards," says office manager
Richard Boggs, an industrial engineer.
The firm has conveyed its m.embers'
on the back burner, he declines to name them. "They have
'. ....... Workers-remain--pr0teeted bY less-theirown problem~;'!.he s.ays;
~i-~-~~ - stringent~regtil~iions put into effect un-= =~ Meari~hile,~i:, direct~of -
...... der. Presidents Nixon and" Ford. And -th~ occupatio5al health department:;at
~?-- Aueh~er, a former constr_uction official,-_ the -AFL-CIO, says, "The Reagan Ad-
may-yet conclude that the standards he--ministration promi~ed to laiid runriiii~
has. withdrawn t'or review.are so.u_nd.. In and. runni_n_g they are--to_ u_ndo
all the
light-rf-his remarks aboui ihem, howev- hard-won gains in worker safety and
er, Auchter shows every-sign of beeom- health. of the. past 19,years."
Taylor
ing a leader in the deregulation effort recently "told. member union
officials
promised to industry b.y the Administra- that, "any of yogl w.ho reme.mbe~ the
prr-
lion. Whereas his predecessor, toxicolo- OSHA days know state enforcement of-
•
i gist Eula Bingham., deliberately pushed ten means no enforcement.WA group of
the agency into new and frequently hos- environmentalists and uniori member's
tile territory, Auehter says, "Our ap- recently picketed the White House to
preach is one of intensive management. I protest Auchter's actions. Also,
Repre-
think that's the reason l'm here. In fact, sentative Joseph Gaydos .("D-Pa.),
ch~iir-
1 know that's the reason I'm here. I'm a man of the House subcommittee, on
believer and a creator and an implemen- health and safety, has held a series
of
tot of management systems. I don't feel recent hearings in which he
criticized the complaints about the lead standard, the
that.rules are a mea.sure of ~uccess-for decision to withdraw the toxic
chemical noise standard, " and the rule requiring
the agency." labeling requirement. In response,
worker access to medical records:-
Auehter and James Miller, head of the Auchter prq.mised to. rewrite it by I
S, ep- Potential revisi0.n of the cdtton dust
~ deregulato.ry effort of the Office of Man- tember. He urges union critics to
"hold standard, is exp¢ct.e.d to crea.te the most
agement and Budget (0MB), have said their: judgment a little bit'10nger
to see heated ephtroversy. The Carter Admin-
poinl.edly that revie.w and revision of what the.result of our actions
arc.'.'.:L't- . istration imposed the standard .a~er an
current OSHA staridards is likely to g~i In the n~eantime, h.e'draws
confidence, intern~ struggle in 1.97.8, citing'epidemi~-
more attention, than new initiatives.. Con- ~rbm dose relations with regulatory
re- logical studies linking exposu.re to byssi-
sistent with Administration efforts in lief o'ffieials ~t OMB, who "are" ~n"
turn trusts, a lung disease, in numerous ffork-
other environmental and health .areas~ -well-tuned to a host of ~omplai~ing
in- ers. OSHA .ran.de little att~m, pt then at
they intend to return as much federal dustri~s. "It's really funny to sit
back " comparing costs and benefits of .compli-
Control over occupational health a.s pos- and see a lot of que~tio.ns ,I get,
like ance, requiring lost.earl, that the affected
sible to the states. And safety ~quire- who's running the agency, and is
Miller segments ofindustry control the dust to
ments, as distinct from health rules, will really the boss ofall this," Auchti:r
says. the lowest level feasible: Lower courts
be given added emphasis, Auchter said "'Jim and I chat about it, we laugh
about upheld the requirement in industry chat-
in a recent interview, A major objective, it when we get together. They don't
tell lenges, and the Supre .me Court was set
is to reduce work time lost to employers me what to work on. If I have
questions, to rule on the cos.t-benefit issue when
due to employee injury, Wtlic.h Auchter I call them and tell what direction
we're Auchter, responding to appeals from the
Tt05280t46

tam OoltwrlAmmican Labor Etluca~n C~nl~r _
Auchte~ had-all photos and quotations of
workera e..xclsed fro.m, this booklet.
Chamber of Commerce a~d others, re-
versed OSHA's position, siding with the
textile manufacturers and offering to do
the analysis voluntarily. ~ ~
'" The textile unions are now concerned
that the reanaly~is will lead the agency to :
"" '- drop. engiheering and work practice re-
" :.;~.-;:~f~l'ttirem'ddi~'th.at.~ere delayed until 1~}84,
• :...;...-k. leaving in plaee.,.0.nly t,he.exist.ing
.... ~that workers use respirators, Industry
• favo/'s'fesi~iratbrs because they are the
.... cliea~s't way to reduce exposurd, while
"the iini6ns~,~'~they offer insufficient
• ". protection and are bulky and a~vkward
• .--: ~:~'.for 6,6[k~r~'t'~"~,~ir. Auchter .has. stated
• .'- ~" ,. 'that the-discomfort to wbrkei:s mtist be. .
"..:.~..=:~-.~.:='.~ei~.~'d'ag~inst things'employers arc
. :~. c-~.a,, ked..to .do. by the'government "that are
~_ _ ,_ ~ not always .comfortable t6 ~herh:" "
---.._,~.~ also be aenmomous. Bmgham ~mposed
". -' _ . the standard m 1978 after collecting volu-
.... -- " mino~s"~videne~" that" linked exposure
with neurological problems, kidney im-
pairment, and genetic effects. The rule
would lower maximum-worker exposure
to 50 m|crograms per cubic meter, aver-
aged over 8 hours, a level that is one-
quarter of the existing limit. Auchter
wants to reexamine the standard's feasi-
bility, and the possibility of easing re-
quirements in the smelting, telecommu-
nications, and ship-loading industries.
Part of the standard requires that work-
ers with blood levels of more than 60
• mlerogram~ of lead per milliliter be" re,- ~"
moved from exposure until these levels
drop by one-third. The requirement is
based on studies linking lead levels
. a_nmu~n t
ou~.b~ha.vioral effects. The load industry
complains that the requirement Will force
it to lay off supervisory pe.rsonnel at
excessive cost. - , " •
Auchter has also postpoti6d the effec-
tive date of a standard to limit workplace
noise in all industries by 5 decibels below
the current limit, because of studies indi-
cating that one-fifth of those workers
expos6d at that level suffered some per-
manent hearing loss. Auchter says "the
amount of detail in the requirement is
mind-boggling, and the projected costs
from my personal experience do not re-
flect the-realities of setting up that sort of--
" progta~n ifyou h~,e to sta~from'sera_tch
- as a small or medium-size employer:"
Complaints ha:~e been rgceiYed from the •
Iron and Steel Institute and-other trade
. groups,_and a final decision is to be made.
bylAugust• " ....... -, . ' ?
Finally, there is-the withdrawal of the
requirement for labeling of toxic chemi-
cals, one of Bingham's key, initiatives.
The rule w~uld have required manufac-
turers to review data banks such as that
maintained by the Natio/tal Libr~ry of
Medfeine and deteri}a., in9 if their ehehaieaI
Thorne G. Auchter .......
"We're certainly hot going re be rushed'"
mackerel, this wilt put us out. of busi-
ness." He says, "it's true I didn't con-
sult with the unions before withdrawing
it. The record spoke for itself."
Review and redrafting of these rules
leaves the health standards staff at
OSHA time for little else. New standards
on asbestos, formaldehyde, ethylene ox-
- ide, 'and eadmium,am0ng others-in par---
ti~il Stages of pi'eparati0h, h~ve Seen put
aside; Auchter says that he i-~ just now_
beginning work on a list of priority stan
dards to be-considered under the-generic
OSHA ca.reinogen policy, which is. itself
likel~ to be i-6~ised. H~ acknowledges
that a planned reduction of 5 people in
the 50-person health standards office will
slow the regulfitory process.'~. -'
Auchter also says that• in each deliber-
i~tibfi oha hazardous workplace chemi-
cal, t.he "agency will no lohger act when
the' evidence is merely sugkestive, as the
fits one of 17 hazardous chiiracteristic~." 'court6 have sometimes permitted it to
if so, precise labeling of the ehemi6al's ' do. While averting that he has ~,et to gain
identit.y would b6"reqtiired'. Withdrawa~ a feel for the complexities of toxicity
of the requiremeni was prompted largely
• by the'Chemical Manufacturers Assoeia-
ti.'on,' which cordp165fie~t t~ l[he White
House and later to Labor'Secretary Ray
Donovan that the list of hazardous char-
acteristics was too long. Thomas Evans,
director of regulatory ma'n~gement for
the Monsanto Comp~iny, says "it is just
testing, Auchter says "everything I've
done in the past has b6~n based on
"objective cv.idence, not-pot'enti~l ~vi-
denee. If you have one study that says
there is potential evidence and you have
three studies that say there is no poten-
tial evidence, then the potential evidence
stud.y, is.in deep trouble.'" Epideminlo-
unnecessarily burdensome. Workers will gists at the Environmeh't~il Protdetion
"ignore° to~icity labels if they af.e'pl~7.. Agency, the Centers for DiseaSe Con-
tered every~;hel:d." Au3iiiet:algo'g~,ys'lie." trol, and the National Cancer Institute
received complaint's_frdm'ih~'fra~at{d~" have" pr6viously argued that negative
industry" that the'la~el~"'~Jl~ f~'v~'~ "' studies should simply be discounted in
:}i'~d6"'S~:~ret~S"Askdd~" if the "rule" safe,- " the face of well-performed positive ones.
"-gii~d~akaiffsf thi~';'~A~iel~i~r.'said; "'tiae-:.~.i;"rll tell you this," Auchter says.
"problem is that it is open tb inte~P~e~a-.:-_.'"~V'e'rc certainly notgogiaff to" b.e rushed
tion, and that people concerned abou.t in what we do in the regulatory area--it'.s
protecting their trade secrets read it a very ~erious bu~inesL
completely the other way and say, holy ~R. JEFFI~E.y SMI't'H
14~3
T105280147
