Senate Confirms Acosta As Secretary of Labor

www.nsc.org VOL. 46, NO. 6 | JUNE 2017

Senate confirms Acosta as Secretary of Labor

Alexander Acosta is the new April 27 press release. “That day has R.Secretary of Labor, after the finally come. I wish to congratulate Senate confirmed him April 27 in a Alexander Acosta on his confirma- bipartisan vote of 60-38. tion to serve as labor secretary. This Vice President Mike Pence admin- is an important responsibility that istered the oath of office for Acosta requires taking on powerful special on April 28. interests and restoring fairness and “I want to thank President Trump, balance to federal labor policies.” Vice President Pence and the mem- Acosta highlighted worker safety bers of the Senate for the privilege of as an important focus of his position serving as Secretary of Labor,” Acosta while speaking at his confirmation said after the swearing-in ceremony. April 28: R. Alexander Acosta (left), accompanied by his hearing March 22 before the Senate “As Vice President (sic) said, it is wife and daughters, is sworn in as secretary of labor by Health, Education, Labor and Pen- Vice President Mike Pence. about finding and helping and sup- sions Committee. porting jobs and job growth.” Cuban immigrants who also has served – article continues on p. 4 Trump nominated Acosta on Feb. as a federal prosecutor. 16, one day after initial nominee “Once Mr. Acosta officially assumes his Andrew Puzder withdrew his name new position, I hope his focus will be to from consideration. unleash the power of the American work- Acosta previously served in the Depart- force by promoting labor policies that are ment of Justice during the George W. free of unnecessarily burdensome federal Bush administration and was a member regulations,” Sen. Tim Scott (R-SC) said of the National Labor Relations Board. in an April 27 press release. Prior to his swearing-in as Department of Rep. Virginia Foxx (R-NC), chair of Labor chief, he was dean of the law school the House Education and Workforce at Florida International University, a posi- Committee, also championed the move. tion he had held since 2009. “America’s workers and employers Eight Democrats and one indepen- desperately need a new direction at the

Photo: Department of Labor dent voted in favor of Acosta, the son of Department of Labor,” Foxx said in an OSHA Up To Date | JUNE 2017

Safety agencies see no significant cuts in latest FY17 spending bill SHA’s funding will remain NIOSH is slated for $335.2 million, aimed at standards development ($2 Ounchanged for the remainder of fis- far more than former President Barack million), and safety and health statistics cal year 2017 under a spending bill passed Obama’s proposed budget expenditure ($1.35 million). by Congress on May 4, although future of $213.6 million. The agency received The cuts could go much deeper for funding remains unclear. Meanwhile, about $339.1 million in fiscal year fiscal year 2018, with President Donald NIOSH received a significant increase 2016. Trump proposing a $2.5 billion decrease from what originally was proposed, and Funding for MSHA is about $2.1 mil- to the Department of Labor’s budget the Mine Safety and Health Administra- lion lower than in fiscal year 2016, with and elimination of the Chemical Safety tion received a relatively small cut. a decrease of about $7.9 million for coal Board, one of 19 independent agencies The Consolidated Appropriations Act mine enforcement. The agency’s educa- potentially on the chopping block. averted another government shutdown tional policy and development funding More than a dozen safety-related orga- and kept the approximately $552.8 mil- received a $3 million increase, and its nizations, including the National Safety lion allocated to OSHA for fiscal 2017, metal/non-metal enforcement received a Council, sent letters to the House and which ends Sept. 30. In July 2016, the boost of about $2.8 million. Senate appropriations committee leaders House Appropriations Committee pro- OSHA received an increase of a little this year requesting that fiscal year 2018 posed cutting the agency’s funding by more than $4.3 million for compliance funding for OSHA and NIOSH remain 3.3 percent, or $18.4 million. assistance. The agency’s largest cuts were close to current levels.

Ask the Expert with Rick Kaletsky

Are wedding venues covered by OSHA? If so, what a few (albeit a sufficient number for the occupancy) were Q: should be my first concern if I inspect the facility? labeled as exits. Could the unlabeled doors be easily opened in an emergency evacuation? I If there is an employer-employee relationship, OSHA don’t know. A: should have jurisdiction. Consider wait staff, kitchen It is unacceptable for those in workers, managers and so on. They may be direct employees charge of the venue to reason that of the establishment. There also could be outside vendors, evacuees will only proceed to doors such as caterers and DJs, who work the events. marked “EXIT.” Occupants should If I were inspecting for hazards to occupants, my first not have to think about such things concern is exits. I’ve seen access to exits severely impeded by in an emergency. Remove all doubt by tables for dining, as well as by long tables for buffets. Musician marking each door “EXIT” or “NOT AN and DJ equipment frequently blocks or sharply diverts access EXIT.” to marked exits. Large sound equipment or cords/cables add In addition, think about the doors that lead to a trip hazards to the access-to-escape hazard. courtyard from which there is no way out other I visited a huge reception room that boasted a wall of than back through the building doors. Again, glass-paneled, side-hinged, exit-type doors. However, only “NOT AN EXIT” signs are necessary.

Former OSHA inspector turned consultant Rick Kaletsky is a 46-year veteran of the safety industry. He is the author of “OSHA Inspections: Preparation and Response,” published by the National Safety Council. Now in its 2nd edition, the book has been updated and expanded in 2016. Order a copy at www.nsc.org.

2 OSHA Up To Date | JUNE 2017

In Other News… OSHA STANDARD INTERPRETATIONS OSHA Training Institute OSHA requirements are set by statute, standards and regulations. Interpretation letters explain seeking nonprofit partners for these requirements and how they apply to particular circumstances, but they cannot create addi- Education Centers Program tional employer obligations. Enforcement guidance may be affected by changes to OSHA rules. SHA is requesting applications Recording and Reporting Occupational Ofrom nonprofit organizations Injuries and Illnesses interested in providing occupational safety and health classes as part of the Standard: 1904.5 Date of response: Aug. 23, 2016 agency’s Training Institute Education Centers Program. An employee was operating a powered industrial truck (a “walkie”). Her foot became The program offers private- and jammed between the walkie and a pallet and her steel toed shoe bent and cut the top public-sector training similar to of her toe. She received four stitches for the laceration. At the time of the incident, the OSHA’s Training Institute in Arling- employee was taking prescription medication for a non-work related condition, which ton Heights, IL. had the potential to cause loss of awareness of her surroundings. You believe this Applicants will be judged on their meets the work-related exception in Section 1904.5(b)(2)(ii) where the injury or illness involves signs or symptoms that surface at work but result solely from a non-work- ability to serve regional areas and related event or exposure that occurs outside the work environment. This case meets OSHA’s training requirements, as well OSHA’s definition of work-relationship. Because the case involved medical treatment as on other qualifications. beyond first aid, it must be recorded on your OSHA Form 300. The deadline to apply is June Section 1904.5(a) states, “[the employer] must consider an injury or illness to be work- 30. Applications should be mailed related if an event or exposure in the work environment either caused or contributed to to Jim Brock, U.S. Department of the resulting condition. Work-relatedness is presumed for injuries and illnesses result- Labor, OSHA Directorate of Train- ing from events or exposures occurring in the work environment, unless an exception ing and Education, 2020 S. Arlington in Section 1904.5(b)(2) specifically applies.” Under this language, a case is presumed Heights Road, Arlington Heights, IL work-related if an event or exposure in the work environment is a discernible cause of 60005-4102. the injury or illness or of a significant aggravation to a pre-existing condition. The work event or exposure needs only be one of the discernable causes; it need not be the sole or predominant cause. Safe+Sound Week Under Section 1904.5(b)(2)(ii), you are not required to record a case if the injury or is June 12-18 illness involves signs or symptoms that surface at work but result solely from a non- work-related event or exposure that occurs outside the work environment. For this SHA, the National Safety Coun- exemption to apply, the resultant injury must be solely a result of the employee’s non- cil, the American Industrial O work related condition. In other words, an event or exposure in the work environment Hygiene Association, the American can play no part in the injury. The facts of your scenario do not meet this exception Society of Safety Engineers and NIOSH because the injury described resulted from operation of workplace equipment. have designated the week of June 12-18 Likewise, the exemption to work relatedness under Section 1904.5(b)(2)(vi) would not as Safe+Sound Week. apply for the same reason. Under Section 1904.5(b)(2)(vi), you are not required to The nationwide effort aims to pro- record an injury or illness if the injury or illness is solely the result of self-medication mote awareness and understanding of for a non-work-related condition. The injury described in your scenario resulted from the value of workplace safety and health operation of workplace equipment. programs. The fact that the employee received training on the equipment and the equipment was Organizers of Safe+Sound Week are inspected and in proper working order are not considerations for determining work- encouraging employers to host events relationship for OSHA recordkeeping purposes. promoting the building blocks of safety and health programs: manage- Sincerely, ment leadership, worker participation, Amanda Edens, Director and finding and fixing workplace Directorate of Technical Support and Emergency Management hazards. For more information, go to www. Excerpted from: www.osha.gov/pls/oshaweb/owadisp.show_document? osha.gov/safeandsoundweek. p_table=INTERPRETATIONS&p_id=31061

3 In This Issue

• Senate confirms Acosta as Secretary of Labor • Safety agencies see no significant cuts in latest FY17 spending bill • Ask the Expert • OSHA Standard Interpretations

Vol. 46, no. 6 | JUNE 2017

Board of Directors John Surma, Chairman Mark Vergnano, Vice Chairman – continued from p. 1 go to college and from there has had an Delegates “Good jobs should also be safe jobs,” impressive career.” Andy Johnson, Chairman Acosta said. “Congress has enacted Not all were in favor of Acosta, how- President and CEO Deborah A.P. Hersman workplace safety laws. The Department ever. Sen. Patty Murray (D-WA), rank-

CFO of Labor enforces these, and if con- ing member of the HELP Committee, Patrick Phelan firmed, I will work to enforce the laws reiterated her apprehension prior to his COO under the department’s jurisdiction fully confirmation. Nicholas Smith and fairly. As a former prosecutor, I will “I have serious concerns, given Mr. Vice President, Communications and Advocacy always be on the side of the law and not Acosta’s professional history, about Kelly Nantel any particular constituency.” whether undue political pressure would Publisher Sen. Lamar Alexander (R-TN), chair- impact decision-making at the Depart- Suzanne Powills, [email protected] man of the HELP Committee, lauded ment,” Murray said in an April 26 Editor Melissa J. Ruminski, [email protected] Acosta’s background. press release. “My concerns were only

Managing Editor “We are fortunate to have a presiden- heightened at his nomination hearing, Jennifer Yario, [email protected] tial nominee for Labor Secretary who when Mr. Acosta said he would defer Copy Editor understands how a good-paying job is to President Trump on the priorities of Paul Wleklinski, [email protected] critical to helping workers realize the the Department of Labor. We need a Assistant Editor Tracy Haas Depa, [email protected] American dream for themselves and Secretary of Labor who will prioritize

Associate Editors for their families,” Alexander said in an workers and the mission of the Depart- Alan Ferguson, [email protected] Kevin Druley, [email protected] April 26 press release. “Alexander Acosta ment of Labor over special interests and became the first person in his family to political pressure.” Senior Graphic Designer Michael Sharkey

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