OSHA’S Standard- Setting Time Frames Vary Widely and Are Influenced by the Many Procedural Requirements and Other Factors

		OSHA’s Time Frames for Developing and Issuing Standards Vary

We analyzed the 58 significant health and safety standards that OSHA  issued between 1981 and 2010 and found that the time frames for  developing and issuing them ranged from 15 months to about 19 years  (see table 1). For example,  officials told us that Assistant Secretaries typically serve for about 3  years, and that new appointees tend to change the agency’s priorities. Several experts and agency officials noted  that, in order to develop the rule so quickly, the vast majority of OSHA’s  standard-setting resources were focused on this rulemaking effort, taking  attention away from several standards that previously had been a priority. OSHA has Authority to Address Urgent Hazards through Emergency Temporary Standards, Enforcement, and Education

		Although It Has the Authority, OSHA Has Found it Difficult to Issue Emergency Temporary Standards

OSHA has not issued any emergency temporary standards in nearly 30  years, citing, among other reasons, legal and logistical challenges. In  2006, the agency was urged to issue an emergency temporary standard  for diacetyl after investigations showed its association with severe,  irreversible lung disease among workers in microwave popcorn factories. OSHA may cite employers for failing to adequately protect workers from a  specific workplace hazard even if it has not set a standard on that hazard. OSHA relied on the general  duty clause when it cited Walmart for inadequate crowd management in  the 2008 trampling death of a worker. In addition to setting standards, OSHA offers on-site  consultations and publishes health and safety information to inform  employers and workers about urgent hazards. contrast, the OSH Act does not specify when OSHA is to revise its  standards. Both OSHA and MSHA supplement their employees’ knowledge by  calling upon the expertise at NIOSH, with MSHA benefiting from a  specialized research group within NIOSH focused on the mining industry. Experts Suggested Many Ideas to Improve OSHA’s Standard-Setting Process, Including More Interagency Coordination and Statutory Deadlines

		Improve Coordination with Other Federal Agencies to Leverage Expertise

To fully leverage expertise at other federal agencies, experts and agency  officials suggest improving interagency coordination. As mentioned previously, NIOSH conducts research and  makes recommendations on occupational safety and health, and it was  created at the same time as OSHA by the OSH Act. However, some experts and officials at  both agencies noted that collaborating in a more systematic way could  facilitate OSHA’s standard-setting process. Impose Statutory Deadlines and Provide Relief from Procedural Requirements for Setting Standards

To minimize the time it takes OSHA to develop and issue safety or health  standards, experts and agency officials suggested that statutory  deadlines for issuing occupational safety and health standards be  imposed by Congress and enforced by the courts. Change the Standard of Judicial Review for OSHA Standards

Experts and agency officials suggested OSHA’s substantial evidence  standard of judicial review be replaced with the arbitrary and capricious  standard, which would be more consistent with other federal regulatory  agencies. One expert suggested that OSHA develop a priority-setting process that  more directly involves stakeholders with expertise in occupational safety  and health in recommending new standards. Recommendation for Executive Action

To enhance collaboration and streamline the development of OSHA’s  occupational safety and health standards, we recommend that the  Secretary of Labor and the Secretary of the Department of Health and  Human Services instruct the Assistant Secretary of Labor for  Occupational Safety and Health and the Director of the National Institute  for Occupational Safety and Health to develop a more formal means of  collaboration between the two agencies. Key contributors to this report are listed in  appendix V.

Appendix I: Objectives, Scope, and Methodology

To determine how long it takes the Occupational Safety and Health  Administration (OSHA) to develop and issue safety and health standards,  we reviewed occupational safety and health standards and substantive  updates to those standards. To identify alternatives to the typical standard-setting process available  for OSHA to address urgent hazards, we reviewed relevant federal laws  and interviewed current OSHA staff and attorneys from the Department of  Labor’s Office of the Solicitor. To determine whether rulemaking at other regulatory agencies offers  insight into OSHA’s challenges with setting standards, we explored the  regulatory process at three other federal regulatory agencies and offices.
Why GAO Did This Study

Occupational safety and health standards are designed to help protect about 130 million public and private sector workers from hazards at more than 8 million U.S. worksites. Questions exist concerning how long it takes OSHA to issue its standards. GAO was asked to examine: (1) the time OSHA takes to develop and issue safety and health standards and the key factors that affect these time frames, (2) alternatives to the typical standard-setting process available for OSHA to address urgent hazards (3) whether other regulatory agencies rulemaking offers insight into OSHAs challenges with setting standards, and (4) ideas from occupational safety and health experts and agency officials for improving OSHAs process. GAO analyzed standards issued by OSHA between 1981 and 2010, interviewed subject matter experts and agency officials at OSHA and two similar federal regulatory agencies and offices, and reviewed the standard-setting process at OSHA and the comparison agencies and offices.

What GAO Found

Between 1981 and 2010, the time it took the Department of Labors Occupational Safety and Health Administration (OSHA) to develop and issue safety and health standards ranged widely, from 15 months to 19 years, and averaged more than 7 years. Experts and agency officials cited increased procedural requirements, shifting priorities, and a rigorous standard of judicial review as contributing to lengthy time frames for developing and issuing standards. For example, they said that a shift in OSHAs priorities toward one standard took attention away from several other standards that previously had been a priority.
In addition to using the typical standard-setting process, OSHA can address urgent hazards by issuing emergency temporary standards, directing additional attention to enforcing relevant existing standards, and educating employers and workers about hazards. However, OSHA has not issued an emergency temporary standard since 1983 because it has found it difficult to compile the evidence necessary to meet the statutory requirements. Instead, OSHA focuses on enforcement and education when workers face urgent hazards. For example, OSHA can enforce the general requirement of the Occupational Safety and Health Act of 1970 (OSH Act) that employers provide a workplace free from recognized hazards, as it did in 2009 when it cited a major retail employer after one of its workers was crushed to death by uncontrolled holiday crowds. To educate employers and workers, OSHA coordinates and funds on-site consultations and publishes information on matters as diverse as safe lifting techniques for nursing home workers and exposure to diacetyl, a flavoring ingredient used in microwave popcorn linked to lung disease among factory workers.
Experiences of other federal agencies that regulate public or worker health hazards offer limited insight into the challenges OSHA faces in setting standards. For example, officials with the Environmental Protection Agency noted that certain Clean Air Act requirements to set and regularly review standards for specified air pollutants have facilitated that agencys standard-setting efforts. In contrast, the OSH Act does not require OSHA to periodically review and update its standards. Officials with the Mine Safety and Health Administration noted that their standard-setting process benefits from both the in-house knowledge of its inspectors, who inspect every mine at least twice yearly, and a dedicated mine safety research group within the National Institute for Occupational Safety and Health (NIOSH), a federal research agency that makes recommendations on occupational safety and health. OSHA must rely on time-consuming site visits for hazards information and has not consistently coordinated with NIOSH to engage that agencys expertise on occupational hazards.
Experts and agency officials identified several ideas that could improve OSHAs standard-setting process. While some of the changes, such as improving coordination with other agencies to leverage expertise, are within OSHAs authority, others call for significant procedural changes that would require amending existing laws. For example, some experts recommended a statutory change that would allow OSHA to revise a group of outdated health standards at the same time, using industry consensus standards as support rather than having to analyze each hazard individually.

What GAO Recommends

To streamline OSHA standards development, GAO recommends that OSHA and NIOSH more consistently collaborate on researching occupational hazards, so that OSHA can more effectively leverage NIOSH expertise in determining the needs for new standards and developing them. Both agencies agreed with the recommendation.