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Charles N. Jeffress
American Industrial Hygiene
Conference & Exposition
"Anticipating Challenges -- Action
Through Partnership"
Atlanta, Georgia
May 12, 1998
- As we look ahead, one thing is certain: the future is inherently unknowable and all too
often unpredictable. In the midst of uncertainty, we need some assurance that we are
headed in the right direction. We all need partners who share our vision, our goals and
our aspirations.
- You know, I'm an optimist. I think one has to be an optimist to serve as the head of
OSHA. The difference between a pessimist and an optimist is pretty simple. A pessimist
sees the difficulty in every opportunity; the optimist, the opportunity in every
difficulty.
- Your job as industrial hygienists is to overcome difficulties. You have the opportunity to
preserve and improve health for workers and to build profits for employers in the process.
You earn your living by solving problems, by turning difficulties into opportunities.
OSHA benefits daily by drawing on your experience, your creativity and your optimism.
- Woodrow Wilson once said, "I not only use all the brains I have, but all I can borrow." I
couldn't agree more. I hope you will continue to share the incredible brain power and
ingenuity represented here today with us as we move forward into the 21st Century.
- Actually, many of you are part of us. OSHA has at least two dozen presenters here this
week and many others who are members of AIHA and attending the conference. Ruth
McCully, your vice chair-elect of ACGIH, heads our IT effort and serves on my top
management team. And Mary Carol Lewis, former president of the Carolinas local
section and a long-time AIHA member, has recently joined us in Washington as my chief
of staff. Both are here today, as are the OSHA regional administrations from Atlanta -- Davis Layne,
Chicago -- Mike Connors and Kansas City -- Chuck Adkins.
- Those of us who work for OSHA must cultivate partnership. That's because we face an
impossible task. OSHA covers more than 100 million workers at 6 million sites. With a
little more than 1,000 inspectors, we can't be everywhere. So what we lack in personnel
we must make up for in resourcefulness. We must find innovative ways to serve as
catalysts for improving safety and health in the workplace. And we must tap the
imagination and persuasive powers of others-like yourselves-who share with us the
mission of preserving worker health.
- Through the vision of the Clinton Administration, OSHA has embraced the idea that we
must change ourselves. We know we need to operate differently to make a greater impact
on workplace safety and health. President Clinton shared his concept for a New OSHA
three years ago, and Joe Dear shared that concept with you. And we have been putting
those ideas into practice.
- We now have a specific plan to focus our efforts-a five year strategic plan to reduce
injuries and illnesses in the workplace. I am committed to following that blueprint as my
management plan for OSHA.
- I am enthusiastic about OSHA's plan because we have zeroed in on the bottom
line-preventing injuries, illnesses and deaths in the workplace-rather than on counting
activities. Yes, we'll still take note of how many inspections we do, how many
consultations employers receive and how many standards we issue. We will still
emphasize inspections and significant cases, but what really matters is results.
- And the results we're looking for are fewer injuries and illnesses in the workplace.
Everything we do is pointed toward that overarching and underlying objective. Our plan
sets three broad goals, all designed to prevent injuries, illnesses and deaths on the job.
- These goals are to:
- Improve workplace safety and health for all workers as evidenced by fewer
hazards, reduced exposures, and fewer injuries, illnesses, and fatalities.
- Change workplace culture to increase employer awareness of, commitment to, and
involvement in safety and health, and
- Secure public confidence through excellence in the development and delivery of
OSHA's programs and services.
- To reach these goals by 2002, we've planned a full-court press on workplace injuries and
illnesses. We will help employers in 100,000 workplaces where we initiate a major
intervention to reduce their injury and illness rates by 20 percent over the next five years.
We're also striving for a 15-percent reduction in injuries and illnesses among five high
hazard industries-food processing, nursing homes, shipyards, logging and construction.
And we're seeking a 15-percent reduction in three specific injuries and illnesses-silicosis,
amputations and lead poisoning.
- Perhaps even more important than the specific injury and illness targets is our goal of a
permanent culture change. We need to make safety and health programs part and parcel
of the work environment in America. And to reach that ideal, we need your help. When
together we change America's work culture, we know we can prevent injuries and
illnesses not just for a short period after an OSHA inspection, but on into the future.
Safety and health programs keep a good thing going.
- But we've recently been handed a setback. As most of you know, a critical component of
our efforts to reduce injuries and illnesses is our new Cooperative Compliance Program.
This is OSHA's own strategy to build partnership with employers who most need our
intervention -- an innovative approach to safety and health intended to leverage our
resources.
- Unfortunately, CCP is on hold right now as the result of a judicial stay. The challenge to
CCP brought by the U.S. Chamber of Commerce will probably not be resolved until early
next year. So, we've moved to Plan B.
- A month ago, we launched our alternative inspection targeting system. To date, we have
begun more than 300 comprehensive inspections at companies across the country under
this program. The initial inspection pool includes about 3,300 companies in 99 high
hazard industries with lost workday injury and illness rates higher than the average for
their specific industry.
- So, for the moment, OSHA is headed back to the future. We now have a ground-breaking,
old-fashioned inspection program in place. It's a step forward and a step back at the same time.
- We're moving forward because now that we have worksite-specific data, we can zero in
on those individual employers with the highest injury and illness rates for their industries.
But, because of the lawsuit, we've been forced to take a step back on the promise of
partnership and the opportunity to multiply our impact that CCP offered.
- I'll be frank. This approach is second-best. But it's a necessary step. We must protect
worker safety and health while we defend CCP -- our common-sense partnership strategy -- in court.
- Let me explain why I've been so excited about CCP, and why we're determined to put it
in place once we're vindicated in court.
- Through CCP, OSHA can direct help to the companies that need it the most-companies
with high rates of injuries and illnesses. We can reach three times as many worksites
through partnership as we could through traditional enforcement. That makes CCP a
triple win.
- In the past, we used Bureau of Labor Statistics data and identified high hazard industries.
That was a good start. But we've known for a long time that we needed to do better. We
essentially held a lottery, and a small percent of employers in high hazard industries won
an inspection. The problem, of course, was that we didn't know which specific
employers really needed our help.
- OSHA's data initiative changed all that. Last year, we surveyed 80,000 employers in
manufacturing and 14 additional high hazard industries. We identified 12,000 specific
worksites in 400 four-digit SIC codes that had experienced at least twice the average rate
of injuries and illnesses.
- Through CCP, we said to employers at those sites, "You're on our list. We plan to
inspect everyone on our list. However, for those employers who promise to implement or
improve their safety and health program, we'll put you on a secondary list with only a 30
percent chance of inspection."
- Employers recognized it as a good deal, and more than 10,000 signed up. Further, CCP
has enjoyed bipartisan support on the Hill. When I testified in late February before the
House Appropriations Subcommittee, a Republican congressman indicated his support
for the program and told me, "...perhaps I'm missing something...I find it rather strange
that when you are doing exactly what everybody says they want you to do, you're being
challenged in court by one of the people who I think would benefit from it."
- The CCP issue has been much more contentious than I ever imagined it could be. But we
haven't given up. And we expect CCP to be affirmed by the court.
- Despite the setback, I have been especially encouraged by the response of prospective
participants when we contacted them to tell them that we were unable to fulfill our
promise of partnership at this time. A number who recognized the advantages of
partnering with OSHA have expressed their disappointment. Quite a few have indicated
they would continue with their commitment to improve their safety and health
programs -- even though OSHA was forced to withdraw its offer of partnership.
- They won't be sorry. Hundreds of employers with similar high injury and illness rates set
up safety and health programs under our partnership pilot projects. They racked up some
incredible results.
- A pre-stressed concrete manufacturer with 10 sites in Wisconsin and Illinois reduced
injuries by more than 50 percent the first year and cut its workers' compensation costs by
75 percent over 21 months.
- A footwear manufacturer in the same program saved $516 per employee in workers
compensation costs when the company cut its lost work day injury rate by nearly 65
percent.
- A manufacturer participating in Dakota First cut workers' compensation premiums by
nearly $130,000 -- in only one year following adoption of its safety program.
- A manufactured housing employer with 17 sites nationwide reduced lost workdays by 60
percent, their compensation costs by 70 percent, while at the same time increasing
production by 40 percent!
- In developing CCP our intent was to multiply our impact through partnership. Once
we're allowed to move forward with these administrative changes, we believe they will
result in significant benefits-for workers, employers and taxpayers.
- CCP was and still is our best effort for changing OSHA. Others have focused on change
through legislative reform. Some of the ideas put forward have been good ones. We
recently supported two of Congressman Cass Ballenger's bills. One wrote OSHA's
consultation program into law. The other prohibits OSHA from using inspection or
citation quotas to measure its compliance officers. Those two bills make sense. Through
the consultation program, small companies get the help they need to set up safety and
health programs. And no one should get a citation or penalty to fill a compliance
officer's quota. These bills essentially codify current OSHA practice.
- I believe we could make additional changes in the Act that would bolster protection for
employees. We could cover public employees-federal, state and local-in all states, not
just the 23 that run their own OSHA programs. We could strengthen whistleblower
protection for employees who report safety and health problems. We could increase
criminal penalties-from a misdemeanor to a felony-for employers whose willful conduct
causes the death of an employee.
- At the same time, there are other ideas floating around that would be much more difficult
for me to support-at least in their present form. Hippocrates, who wrote the physician's
oath, once said, "As to diseases, make a habit of two things-to help, or at least, to do no
harm." I think we need to bear that in mind as we examine other OSHA reform and
regulatory reform proposals.
- A number of changes that have been proposed don't meet that test. I don't think we need
a separate peer review process for OSHA standards, for example. That would further
delay development of OSHA standards. Our current extensive public comment process
provides an open, above-board forum for a free exchange among all parties on the issues.
It's proven effective in giving everyone a chance to have their say and quiz others in the
process.
- A second proposal that gives me pause is the idea of denying OSHA access to company
self-audits. I am open to discussing some boundaries in this area. We encourage
companies to review safety and health at their site-and then correct any hazards. But as
an investigator, I need to have access to all the information available. Especially when an
accident occurs, I want to find out all I can about what happened and why it happened.
That's the only way to identify how such problems can be prevented in the future.
Legislation that would permit employers to withhold this information will serve primarily
to shield bad actors. Where companies have taken steps to implement sensible
recommendations for fixing problems, OSHA is able to give them credit for good faith,
significantly reducing penalties.
- I am also concerned about a proposal to promote third party consultations tied to OSHA's
enforcement process. While well-intentioned, this proposal would not extend OSHA's
resources. Rather it would separate the "haves" from the "have-nots." Large
corporations could avoid OSHA penalties by contacting consultants every two years.
OSHA would be barred from examining consultants' reports so inspectors couldn't
determine whether employers actually made any improvements. So the small employer,
who couldn't afford a consultant, would be subject to OSHA penalties, but the well-financed
corporation gets a foolproof escape clause. That's not fair. That's not good
public policy.
- I think there is a very important role for private safety and health consultants.
Consultants can play a vital part in encouraging companies to establish safety and health
programs. However, I see this service as a training and outreach effort rather than a
substitute for enforcement. Consultants who foster development and improvement of
safety and health programs have a unique opportunity to partner with OSHA. And we
welcome their efforts.
- That is because safety and health programs are the key to everything we're doing. And
our goal is to encourage at least half the employers we visit to implement or improve their
safety and health programs. In fact, OSHA will be trying to persuade every employer
that we contact to adopt a safety and health program. We would be delighted with your
help you to persuade additional companies to take this step.
- On that note, there's one area that particularly deserves our attention as we close down
the 20th Century. Let me mention an important safety and health program concern you
may not have addressed-Y2K. As businesses gear up to solve their Year 2000 computer
problems, you need to keep safety and health systems in mind as well. Computer chips
with timing and reporting capabilities that are embedded in technical systems can fail just
as those powering mainframes and PC's can. Business Week reported recently that
Phillips Petroleum experienced a shutdown in a hydrogen sulfide monitor system when
the company ran a Y2K test on one of its oil and gas production platforms. Whoever
would have thought that a chemical monitoring system might fail because of a Y2K
problem? Like Phillips, you need to check for potential Y2K problems in your safety and
health monitoring systems as well.
- On the regulatory front, we are developing a safety and health program standard. That is
one of my top standard-setting priorities. Before I leave office, I want an effective safety
and health program to become a fundamental responsibility of every employer in the
country.
- Our proposed safety and health program standard will incorporate five key elements:
management leadership; employee participation; hazard assessment; hazard prevention
and control; and information and training. And it will be flexible, with appropriate
expectations for companies of different sizes in different industries. We hope to have a
proposal out for comment later this year.
- I look forward to hearing your thoughts and recommendations on this proposal. Your
partnership in this process is critical. Give us the benefit of your knowledge and your
extensive experience to develop the best possible standard.
- Another top priority for me is our commitment to develop an ergonomics standard. I
think we need a standard, and I think we can put one together that will reduce pain and
disability, without costing employers an arm and a leg.
- More than one of every five illnesses and lost-time injuries in 1996 resulted from
repetitive motion or overexertion. Because these injuries often keep workers off the job
longer, they represent a very serious problem. The financial cost is staggering-billions of
dollars in direct and indirect costs.
- As you know, Congress has prohibited us from issuing a proposal before October 1,
1998. However, we can research one, and we are doing that. We're planning a program-oriented
standard, based on sound ergonomic principles and focused on serious problems
for which effective solutions can be devised.
- We're planning a focused standard under the umbrella of general industry. And, in this
first phase, we're going to draw the lines narrowly.
- Our economists are poring over the injury and illness data to pinpoint the specific
occupations and job processes where there are high rates of work-related musculoskeletal
disorders. But high rates aren't the whole story. In addition to high rates, we will narrow
our focus to processes where successful solutions have been demonstrated. Rather than a
broad standard covering everyone, we will begin by addressing only those situations with
demonstrated risks and demonstrated solutions.
- We held a series of stakeholder meetings in Washington in early February to share our
preliminary thinking with business, labor and those in the safety and health field. Notes
from those meetings have been posted on our ergonomics web page. And we plan to
share a draft proposal with stakeholders next month, with meetings outside of
Washington.
- Our aim in this effort is to give employers the tools to solve the ergonomic problems they
face. We don't need a prescriptive standard, but a descriptive one. We'll be offering
employers a flexible framework, not a fixed formula.
- We know American employers and their workers already have demonstrated ingenuity
because they've shared their solutions to ergonomic problems with us at our national and
regional effective practices conferences.
- For instance, Red Wing Shoes in Minnesota modified work stations and gave its
employees adjustable chairs. Even though the company added two new plants, workers'
comp costs dropped 75 percent over four years.
- Fieldcrest-Cannon in Columbus, Georgia, cut MSD's from 121 in 1993 to 21 in 1996.
They credit their success to worker involvement in designing systems to limit the need for
workers to bend and reach.
- In North Carolina, Perdue Farms started an ergonomics program in 1991. It was so
effective, the company expanded it to all its plants nationwide. Although the average
LWDII for poultry process is about 12, six Perdue plants had no lost time injuries in
1996.
- Woodpro Cabinetry in Cabool, Missouri, saved $42,000 in workers compensation costs
by bringing its injury rates down when it changed conveyor levels to reduce worker
reaching and added additional conveyors to limit lifting. This is a significant amount for
a company with about 100 workers.
- These are just a few examples, and many involved solutions that cost very little. In fact,
in one study, nearly half the recommended ergonomic controls cost less than $500 each;
and one-fourth cost less than $100. We are talking about small investments in the
workplace with large potential benefits to workers and employers.
- I can tell you at this point that we expect the ergonomics proposal to include a few basic
elements: management commitment and employee participation, training, job hazard
analysis, hazard prevention and control, medical management and program evaluation.
And I can also assure you that employers will have a lot of latitude in determining what is
appropriate for each element in line with the specific situation in their workplaces.
- In addition to developing a standard, we are continuing our outreach and education efforts
through the regional effective practices conferences. I encourage you to participate in the
upcoming sessions-another opportunity for you to share your practical knowledge with us
and with your fellow safety and health practitioners.
- We are also continuing inspections. We have cited employers under OSHA's general
duty clause for about 10 years for failure to protect workers against musculoskeletal
disorders in industries where ergonomic risks represent a clearly recognized hazard.
- In the past 18 months, we've opened 142 inspections involving ergonomics. More than
60 percent have resulted in letters outlining recommendations rather than citations
proposing penalties. About 25 percent of the cases are still open.
- Of course, we have others issues on our plate as well. Who pays for personal protective
equipment? Well, unless it's truly a personal item-like shoes-then we think it's clear the
employer should pay. And we're working on an amendment to our PPE standard to
specify that.
- We're continuing our work on revisiting PELs. As you know, we've identified about 20
substances to begin with. Work continues on our indoor air quality standard even as we
follow daily developments in our nation's effort to resolve issues surrounding smoking
and the tobacco industry.
- OSHA is committed to leading the world in occupational safety and health. Even though
our task appears to be impossible, we have no intention of giving up, no intention of
slacking off.
- We've set our sights on reducing workplace injuries, illnesses and fatalities. And OSHA
will not be deterred by roadblocks or setbacks. As Henry Ford once said, "Obstacles are
those frightful things you see when you take your eyes off the goal."
- We have no intention of taking our eyes off the goal. We intend to meet the challenges of
the 21st Century by viewing them as opportunities rather than obstacles. And we look
forward to working with you as partners in achieving our mission and yours-sending
every worker home whole and healthy at the end of every day.
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