The Automotive Service Association (ASA) was briefed recently by the Occupational Safety and Health Administration's (OSHA's) director of regulatory analysis and their Senior Standards attorney on a newly proposed regulation. Generally, this proposed regulation would require every business to implement a program to ensure compliance with all existing OSHA workplace regulations.

Small business reformers have been strong advocates for radical change within OSHA's structure. This has been encouraged through authorizing legislation as well through the federal appropriations process.

The proposal places a strong emphasis on employee participation in a worker safety program. Specifically, requiring small business owners to carry much of the burden of this participation. An example used was that at least one person in every workplace must be identified as a "contact person" where employees could initiate action about workplace safety. Employers must also provide employees with "meaningful participation" in the health and safety program. If no employee is interested in these roles, the employer must continually communicate to all employees that their participation is welcome.

OSHA stated that the need for the regulation is the unacceptably high number of workplace injuries, illnesses and fatalities. In 1997, more than 3,900 employees lost their lives as a direct result of their work. In 1996, a total of 5.7 million covered workers experienced non-fatal injuries and illnesses serious enough to be reported by their employers. OSHA also argued that as many as 50,000 covered workers die every year of job-related chronic illnesses such as cancer, heart disease and neurological disorders.

According to OSHA, the proposed rule will demonstrate that safety and health programs of the kind required by the rule will reduce this significant risk substantially and are necessary and appropriate to provide safe and healthful employment.

OSHA's staff went on to highlight their popular Consultation and Voluntary Protection Program. This has been quite attractive for independent repairers in the past.

Unfortunately, only one-third of the establishments surveyed by OSHA reported having a safety and health program and some of those establishments claiming to have safety and health programs provided no safety and health training of any kind to their employees.

Will smaller businesses be exempt? OSHA has chosen not to allow exemptions from the proposal. OSHA will also not exempt low-hazard industries. Those small businesses falling into a "below-average injury rate" will be included in the proposal.

Clearly, this very broad rule heightens the involvement of the employer. OSHA argues that for every dollar spent on safety and health programs, employers save between four dollars and six dollars in workers' compensation expenses, reductions in employee turnover, etc.

The rule requires employers to: take an active role; communicate with workers; find and fix hazards; and train workers exposed to hazards.

With regard to enforcement, OSHA's response will vary as to: employers who provide adequate protection; employers who provide moderate protection; and employers who provide little or no protection.

Employers are required to set up a program that systematically manages safety and health. The program must have: 1) Management leadership and employee participation; 2) Hazard assessment; 3) Hazard prevention and control; 4) Training; and 5) Evaluation of program effectiveness.

ASA is a longtime member of the Small Business Legislative Council. The council is comprised of approximately 100 small business trade associations around the country. In comments to OSHA, the council raised concerns about the necessity for such a sweeping rule. The council also voiced the possibility that safety will now be trivialized. For example, as new employees are brought into a business, a "by the book" approach will be taken in the early briefing of the new employee, thus trivializing the importance of worker safety and health. This would be a product of the rule's incentive for employers to protect themselves from possible risks.

In a letter to the chairman of the U.S. House of Representatives Workforce Protections Subcommittee, ASA requested that the subcommittee review the proposed OSHA rule. Chairman Cass Ballenger has been a strong proponent of OSHA reform and has offered several pieces of reform legislation during his tenure.

Although the debate over the proposed rule has just begun, it is important that independent repairers evaluate the economic and time demands that will be required by the new rule, as well as what OSHA has determined to be employer savings by implementing substantive health and safety initiatives. ASA will continue to work with Congress, other small business organizations and OSHA to ensure that independent repairers are treated equitably.

Bob Redding is the Automotive Service Association's Washington, D.C., representative. He is a member of several federal and state advisory committees involved in the automotive industry. For more information about the legislative activities of ASA, visit www.TakingTheHill.com.

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