Under Bush, OSHA Mired in Inaction

http://www.washingtonpost.com/wp-dyn/content/article/2008/12/28/AR2008122802124.html?wprss=rss_business

By R. Jeffrey Smith
Washington Post Staff Writer
Monday, December 29, 2008; Page A01

In early 2001, an epidemiologist at the Occupational Safety and Health Administration sought to publish a special bulletin warning dental technicians that they could be exposed to dangerous beryllium alloys while grinding fillings. Health studies showed that even a single day's exposure at the agency's permitted level could lead to incurable lung disease.

After the bulletin was drafted, political appointees at the agency gave a copy to a lobbying firm hired by the country's principal beryllium manufacturer, according to internal OSHA documents. The epidemiologist, Peter Infante, incorporated what he considered reasonable changes requested by the company and won approval from key directorates, but he bristled when the private firm complained again.

"In my 24 years at the Agency, I have never experienced such indecision and delay," Infante wrote in an e-mail to the agency's director of standards in March 2002. Eventually, top OSHA officials decided, over what Infante described in an e-mail to his boss as opposition from "the entire OSHA staff working on beryllium issues," to publish the bulletin with a footnote challenging a key recommendation the firm opposed.

Current and former career officials at OSHA say that such sagas were a recurrent feature during the Bush administration, as political appointees ordered the withdrawal of dozens of workplace health regulations, slow-rolled others, and altered the reach of its warnings and rules in response to industry pressure.
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More than two dozen current and former senior career officials further said in interviews that the agency's strategic choices were frequently made without input from its experienced hands. Political appointees "shut us out," a longtime senior career official said.

Among the regulations proposed by OSHA's staff but scuttled by political appointees was one meant to protect health workers from tuberculosis. Although OSHA concluded in 1997 that the regulation could avert as many as 32,700 infections and 190 deaths annually and save $115 million, it was blocked by opposition from large hospitals.
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The agency's first director under Bush, John L. Henshaw, startled career officials by telling them in an early meeting that employers were OSHA's real customers, not the nation's workers. "Everybody was pretty amazed," one of those present recalled. "Our purpose is to ensure employee safety and health. . . . He just looked at things differently."