E&W Blog

Today, the Workforce Protections Subcommittee held a hearing that exposed OSHA’s backwards rulemaking that harms job creators while failing to protect workers from real threats. 


Chairman Kevin Kiley (R-CA) kicked off the hearing with an opening statement. He said, “The purpose of today’s hearing is to encourage a more thoughtful and balanced approach to rulemaking, one marked by factfinding, evidence, and humility rather than overreach and ideology.”

Expert witnesses for the day included Chief Tim Bradley, Director of the North Carolina, National Volunteer Fire Council; Ms. Felicia Watson, Senior Counsel at Littler Mendelson; and Mr. Peter Gerstenberger, Senior Vice President of the Tree Care Industry Association.

When the hearing moved to questioning, Members raised concerns with burdensome, one-size-fits-all OSHA rules including the walk-around rule, the heat proposed rule, and the emergency response proposed rule.

Rep. Eric Burlison (R-MO) questioned the logic behind a national heat rule, which is ostensibly meant to protect workers from heat-related injuries. “Climates are different across the country and what may be considered extreme in one area is not in another. Does this standard, does this rule, allow for those kinds of variances from region to region?” he asked.

“There are no specific regional differences that are carved out in the proposed standard,” Ms. Watson replied. She added, “There isn’t that true recognition that what’s good in Santa Fe, New Mexico, is not going to necessarily be good in Northern Virginia.”

Then, Chairwoman Virginia Foxx (R-NC) raised concerns with how the emergency response rule will impact volunteer firefighters. By adding extra burdens, the rule threatens to disrupt volunteer firefighter retention and recruitment in rural communities.

Drawing on his experience, Chief Bradley replied, “I was volunteer fire chief from your state in Mebane for seven years, and I cannot imagine accepting the job of volunteer fire chief with the administrative responsibilities that are going to come with this proposed rule.”

Rep. Burgess Owens (R-UT) summed up the issue underlying much of OSHA’s rulemaking. “That’s the problem with OSHA. A lot of good theories but it runs people out of business. We’re concerned about rural communities holding on to fire services, but it doesn’t seem like the DC people really understand or care about that because you’re not listening.”

Not only does OSHA not listen when it is making rules, but also when it refuses to do so. Chairman Kiley asked about the potential of a future tree care rule that has been requested by the industry for 25 years. Discussing the danger inherent in tree services, he asked, “Do you believe that lives would have been saved if we had an adequate standard?” 


“Using a very rough estimate, Chairman, since we petitioned for this standard, we’ve lost probably in excess of 1,000 people in this industry,” replied Mr. Gerstenberger, continuing, “One loss is too many, obviously. Could an OSHA rule prevent all of these? Absolutely not, that’s just not realistic. But it could have prevented some.”
 
Rep. Burlison asked a question related to the burning topic on everyone’s mind for the past two weeks: did OSHA regulations really prevent the U.S. Secret Service from being on the sloped roof in Butler County, as former Director Kim Cheatle indicated?

“I’m not aware of any condition other than the roof being weakened by fire that would prevent firefighters from getting on a roof,” Chief Bradley declared. If North Carolina firefighters can handle a sloped roof, Secret Service agents should be able to as well.
 
Bottom Line: The Committee wants realistic solutions to workplace safety issues and is demanding that OSHA be held accountable for its disastrous rulemaking. 

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