History of OSHA - Part 3 - A New Agency Takes Shape

Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8

In the early years of the Occupational Safety and Health Administration (OSHA), the agency underwent significant changes in leadership and direction. By April 10, 1973, John H. Stender, a former Boilermakers Union official and Washington state legislator, was confirmed as the new Assistant Secretary, succeeding George Guenther. Having experienced workplace hazards first-hand, Stender was committed to strengthening OSHA’s enforcement and standards development.

Under Stender’s leadership, OSHA tackled various challenges, including issuing an emergency standard for a group of pesticides in April 1973. Although the standard was ultimately vacated by a court, the agency persevered and successfully issued a standard for vinyl chloride in 1974. This standard was prompted by a sudden increase in liver cancer cases among exposed employees.

During this period, inflationary pressures were growing, and some critics argued that environmental, occupational safety and health, and consumer protection rules had become excessively burdensome. Court decisions and other factors complicated the standard-setting process, but these challenges ultimately led to more robust and balanced final rules.

In the second half of the 1970s, OSHA issued proposed new standards for coke oven emissions and airborne lead. One of the most controversial standards ever issued by the agency was the 1978 cotton dust standard, which sparked ongoing debate between labor and industry. OSHA also proposed several health standards, including plans to regulate asbestos, beryllium, and various industrial chemicals.

In December 1975, Morton Corn, a professor of occupational health and chemical engineering at the University of Pittsburgh, was sworn in as the new head of OSHA. Corn brought with him extensive experience, professional credentials, and a record of active participation in national and international health organizations.

Corn’s focus was on regulatory reform and involving stakeholders in the standards-setting process from start to finish. By considering input from various stakeholders, the final standards and regulations were more likely to receive acceptance and compliance once promulgated.

In January 1976, national media attention turned to a pesticide manufacturing plant in Hopewell, VA, where employees fell ill from exposure to a chemical called kepone. Twenty-nine employees were hospitalized with nerve damage, and an employee’s health complaint was revealed to have been mishandled.

This case in Hopewell, VA, added to OSHA’s reform agenda, emphasizing the need to raise the agency’s professional capabilities. OSHA responded by hiring highly qualified inspectors, improving existing staff qualifications through special training programs, and creating the Technical Data Center to provide reliable technical information needed to enforce complex safety and health standards.

Additionally, OSHA underwent a significant reorganization, establishing special divisions for safety standards, health standards, technical support, and enhanced training efforts. In 1976, Compliance Safety and Health Officers (CSHOs) began using standardized enforcement inspection forms, and the agency deployed Olivetti word processors to improve the inspection process’s management.

Directing Common Sense Priorities: OSHA’s Approach Under Eula Bingham

On March 11, 1977, Eula Bingham, Ph.D., was nominated to succeed Morton Corn as the head of the Occupational Safety and Health Administration (OSHA). Bingham, an occupational health scientist from the University of Cincinnati, was an authority on occupational disease and cancer-causing substances. She had also served on numerous national advisory committees. President Carter, who had expressed his desire to appoint a woman to lead OSHA, personally interviewed Bingham in the White House. Her nomination was met with applause at a town hall meeting of Department of Labor employees.

Eula Bingham’s tenure as the leader of OSHA was characterized by a focus on three key priorities: dealing with serious health hazards, assisting small businesses, and simplifying safety rules. To achieve these goals, Bingham implemented several actions that transformed the agency’s approach.

To address serious health hazards, OSHA redirected its resources in 1977 to concentrate 95% of its inspections on industries with the most significant health and safety issues. The agency aimed to accelerate the adoption of new health standards and enhance the capabilities of its health inspection staff. This strategy was intended to boost the profile and effectiveness of OSHA’s health enforcement and compliance efforts.

Recognizing the importance of supporting small businesses, Bingham’s administration took several steps to assist them. A special assistant position was created to oversee OSHA’s small business program. In 1977, the agency increased funding levels to states from 50% to 90% of the cost to administer the free consultation program. This assistance helped small businesses in high hazard industries comply with OSHA requirements. That same year, OSHA proposed exempting employers with ten or fewer employees from the recordkeeping requirements of the OSH Act.

Finally, Bingham prioritized simplifying safety rules. OSHA began a thorough evaluation of over 1,000 consensus standards to revise unclear ones and eliminate those deemed unnecessary or irrelevant. This effort, known as the “Standards Deletion Project,” aimed to remove trivial safety requirements, such as the much-ridiculed “split toilet seat rule.” As a result, changes were made to more than 900 safety rules, and a reorganization separated construction and general industry standards. This restructuring made it easier for stakeholders to use and reference safety and health standards.

Eula Bingham’s tenure as the head of OSHA showcased her commitment to directing the agency’s focus on common-sense priorities. By addressing serious health hazards, supporting small businesses, and streamlining safety rules, Bingham helped shape the modern OSHA that we know today. Her leadership allowed the agency to become more efficient, effective, and better equipped to protect workers’ safety and health.

As OSHA continues to evolve and face new challenges, the legacy of Eula Bingham’s leadership serves as a reminder of the importance of focusing on common-sense priorities. By remaining dedicated to tackling serious health hazards, assisting small businesses, and simplifying safety rules, OSHA can continue to fulfill its mission of ensuring safe and healthy working conditions for all Americans.

Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8

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