History of OSHA - Part 5 - The 1980s Brings an Expanded Focus

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

The 1980s marked a period of growth and transformation for the Occupational Safety and Health Administration (OSHA), with four different Assistant Secretaries leading the charge: Thorne G. Auchter, Robert A. Rowland, John A. Pendergrass, and Gerard (Jerry) Scannell. Each of these individuals brought unique expertise and experience to the table, helping to shape OSHA’s evolving mission.

Thorne G. Auchter had previously served as the chief safety and health officer for his family’s Florida-based construction firm, giving him firsthand experience with the challenges faced by businesses subject to OSHA regulations. Robert A. Rowland, an attorney, joined OSHA after a three-year tenure as Chairman of the Occupational Safety and Health Review Commission, bringing a legal perspective to the role. John A. Pendergrass, the seventh Assistant Secretary of Labor, had a background in industrial hygiene in the private sector, while Gerard Scannell, the eighth assistant secretary, had held various positions within the Department of Labor, including director of the Office of Federal Agency Safety and Health Programs and director of the Office of Standards.

During the 1980s, OSHA sought to broaden its focus in order to better fulfill its mission while also reducing the regulatory burden on American businesses. This decade marked a shift towards a more balanced approach, combining enforcement, education and training, standard-setting, and consultation activities. As a result, OSHA became more efficient in its standards, embraced improved technology, and expanded its educational and cooperative efforts.

One significant change in the 1980s was OSHA’s transition from electric typewriters and a carbon copy paper system to a Unix-based computer system. This technological leap allowed the agency to more efficiently track its activities and ensure accountability. The new computer system, boasting 1MB of RAM, represented a major upgrade for OSHA in terms of storage capacity and data management.

The 1980s were a time of transformation for OSHA, as the agency learned to adapt to the changing needs of the American workforce and the shifting regulatory landscape. By embracing new technologies, refining its approach to regulation, and focusing on education and cooperation, OSHA laid the groundwork for a more effective and responsive organization.

As we reflect on the 1980s, it is clear that OSHA’s evolution during this time played a crucial role in shaping the agency’s future. The leadership of Auchter, Rowland, Pendergrass, and Scannell, as well as the dedicated efforts of countless OSHA employees, helped to create a more balanced, efficient, and technologically advanced organization. This period of expansion and adaptation serves as a reminder that, in order to effectively protect the safety and health of American workers, OSHA must continue to adapt, learn, and grow in the face of new challenges and opportunities.

Recordkeeping: A Front-Burner Issue

In October 1981, OSHA made a significant decision to connect its inspection procedures in high-hazard manufacturing establishments to “lost workday incident rates” (LWDI) recorded on employer-maintained logs. The policy aimed to focus the agency’s inspection resources on hazardous workplaces where injuries and illnesses were most likely to happen.

The records review policy directed field staff to calculate the LWDI rate as an essential component of targeted safety inspections of general industry workplaces. Employers with injury rates at or below the national or industry average would be exempt from programmed inspections, making the accuracy of injury and illness recordkeeping a particularly sensitive issue during the tenures of Assistant Secretaries Auchter and Pendergrass.

In 1986, OSHA first imposed instance-by-instance citations to significantly raise penalties for Union Carbide’s plant in Institute, West Virginia, where numerous instances of falsification of injury records were discovered. This case later became the basis for OSHA’s egregious citations policy.

Throughout the 1980s, OSHA issued record-setting penalties for employers who were accused of willfully under-recording injuries and illnesses. To ensure that employers were maintaining accurate employee injury and illness records, OSHA implemented new requirements. The strategy evolved as the agency learned more about how the recordkeeping policy functioned in the field, and eventually, OSHA found that fewer recordkeeping inspections were necessary.

OSHA’s method for standard-setting during the 1980s was heavily influenced by a strategy of collaboration, cooperation, and education for employers and employees, rather than solely relying on enforcement to ensure safety and health in the workplace. As a result, the trend toward performance-based standards became increasingly utilized during this time.

In a move that Assistant Secretary Auchter called “a prime example of what President Reagan means when he says we should ‘reduce the unnecessary regulatory burden,'” OSHA rescinded its ban on the use of latch-open devices on pump nozzles at self-service gas stations.

As we reflect on the significance of recordkeeping in the 1980s, it is essential to acknowledge the impact that accurate and transparent recordkeeping has on workplace safety. By focusing on these records and holding employers accountable for under-reporting injuries and illnesses, OSHA was able to better allocate its resources and target high-risk workplaces effectively.

Moreover, the shift in OSHA’s approach during the 1980s towards collaboration and education emphasized the importance of working together with employers and employees to create safer work environments. The introduction of performance-based standards and the evolution of recordkeeping policies showcased OSHA’s commitment to adapting its strategies to better protect the American workforce.

Catastrophic Accidents and Major Issues

The 1980s were marked by several catastrophic accidents and major issues that not only shaped the course of occupational safety and health but also spurred significant legislative actions and court decisions. This article examines some of the most notable incidents and their impact on OSHA and the broader safety landscape.

Bhopal, India: The devastating release of methyl isocyanate (MIC) in Bhopal, India, in 1984 led to thousands of deaths and prompted OSHA to review all U.S. chemical companies with similar processes. After inspecting all four MIC-processing facilities in the U.S., OSHA discovered significant issues at Union Carbide’s plant in Institute, West Virginia, and proposed nearly $1.4 million in penalties. Falsification of injury records was a primary concern in this case.

Exxon Valdez: The 1989 Exxon Valdez disaster resulted in the release of thousands of barrels of crude oil along the Alaskan coastline, causing widespread environmental damage. Federal OSHA sent members of the Health Response Team and other staff to assist Alaska’s OSHA program in monitoring the cleanup efforts involving over 11,000 emergency response workers from across the U.S.

L’Ambiance Plaza: In 1987, OSHA responded to the collapse of the L’Ambiance Plaza building under construction in Bridgeport, Connecticut. The probable cause was a loss of support at a lifting jack during the placement of upper-level floor slabs. OSHA issued a Standard Interpretation requiring construction firms to adhere to ANSI standards and have a qualified engineer conduct a progressive failure analysis to prevent future collapses.

Fireworks: Several explosions at fireworks manufacturing facilities led to OSHA partnering with the Bureau of Alcohol, Tobacco, and Firearms in 1985. This collaboration included training OSHA compliance staff in fireworks safety and inspecting all U.S. fireworks manufacturers, significantly reducing the recurrence of fires and explosions in the industry.

Meatpacking: In 1988, OSHA addressed hazards in the meatpacking industry through inspections at the IBP plant in Dakota City, Nebraska, and the John Morrell facility in Sioux Falls, South Dakota. The agency issued egregious citations for exposure to cumulative trauma disorders at both plants and established a task force to develop meatpacking guidelines.

State Plan Activities: Throughout the 1980s, states with preliminary approval for their State Occupational Safety and Health Plans gradually obtained final approval. These states became fully independent in protecting their workers from occupational hazards and took advantage of technology and tools developed by Federal OSHA.

Regulatory Strategy, Legislative Actions, and Court Decisions: The political environment of the 1980s had a significant impact on OSHA policy and strategy. The President’s Regulatory Relief Plan in 1981 emphasized compliance assistance and employer education, and reinforced the importance of economic analysis in the standard-setting process.

Several court decisions in the 1980s also affected OSHA standards, such as the Whirlpool Corp. v. Marshall ruling, which affirmed employees’ rights to refuse dangerous work. Other decisions challenged existing OSHA standards, such as the benzene standard, cotton dust standard, noise standard, and hazard communication standard. In some cases, the courts upheld the standards, while in others, they vacated or required amendments.

Legislative actions during the 1980s also influenced OSHA’s agenda. The Motor Carrier Safety Act of 1984 extended anti-discrimination protection to employees engaged in health and safety activities for interstate bus drivers. The Superfund Amendments and Reauthorization Act in 1986 required OSHA to issue regulations providing equivalent protection for employees engaged in hazardous waste operations.

The 1980s were a crucial decade for OSHA as it navigated through catastrophic accidents, major issues, and significant legislative actions and court decisions. These events forced the agency to reevaluate its policies, standards, and enforcement strategies, ultimately leading to the development of more comprehensive guidelines and stronger partnerships with other agencies and organizations.

The lessons learned from these incidents and the subsequent regulatory and legislative changes have played a significant role in shaping OSHA’s approach to occupational safety and health. By addressing industry-specific hazards, refining its enforcement strategies, and collaborating with other agencies and stakeholders, OSHA has made considerable strides in reducing workplace injuries and fatalities.

In the years since the 1980s, OSHA has continued to adapt and evolve, responding to emerging hazards and new technologies. The legacy of this critical decade serves as a reminder of the importance of vigilance and constant improvement in the ongoing mission to protect the health and safety of workers in the United States.

It is essential to remember the human cost of these catastrophic accidents and major issues. The lives lost and the long-lasting consequences for those affected serve as powerful motivators to continue striving for a safer and healthier work environment for all.

Special Initiatives: Cooperative Programs – A Balanced Approach to Enhancing Workplace Safety and Health

By adopting a balanced approach that combines enforcement, education, training, standard-setting, cooperation between employees and employers, and consultation activities, OSHA has demonstrated its commitment to ensuring a secure and healthful work environment for all.

Cooperative Programs Take the Lead

The OSH Act laid the groundwork for a variety of tools that OSHA could use to ensure employee safety and health. The agency began to fully harness the power of these tools, going beyond mere enforcement. One shining example of this is the Consultation Program.

Did you know that the origins of today’s SHARP program can be traced back to an experimental program from 1982? Employers who requested and received a consultative visit were exempt from general scheduled inspections by Federal OSHA inspectors. This led to an increased use of the free consultation program. Employers participating in a comprehensive consultation visit and abating any identified hazards received a one-year programmed inspection exemption.

In 1982, OSHA’s consultation program shifted its focus from correcting specific workplace hazards to evaluating the effectiveness of an employer’s overall management system for maintaining a safe and healthful workplace. This change paved the way for other essential initiatives like compliance assistance, training, and education as integral parts of a total safety and health management system.

Quick Fact: Did you also know that in 1982, the Navajo Indian Nation and OSHA signed an agreement to provide job safety and health consultation for employers operating on Navajo Nation’s Tribal Lands?

Cooperating with Stakeholders: The Voluntary Protection Programs (VPP)

In line with the agency’s new focus on collaboration, OSHA established the Voluntary Protection Programs (VPP) on July 2, 1982, to recognize workplaces with outstanding safety and health management systems. The program initially had three participation levels: Star, Try (later renamed Merit), and Praise.

The VPP has its roots in a 1979 California experiment at the San Onofre nuclear power construction site. The safety and health oversight at the facility was given to a joint labor-management committee. OSHA recognized the key to the success of this experiment: the company’s effective implementation of a system to detect and resolve workplace safety and health issues.

The VPP relies heavily on employee participation and a systematic process for hazard identification and problem resolution. By the end of 1983, 25 sites were participating in the VPP. In the following year, the responsibility for administering the VPP was transferred from the Directorate of Policy to the Directorate of Federal and State Operations. By the end of the decade, nearly 100 VPP-approved sites were part of the program.

On July 9, 1982, OSHA awarded the first VPP approvals to three “Praise” sites operated by Ortho-Clinical Diagnostics in New Jersey, Massachusetts, and New York. On October 26, 1982, OSHA awarded the first VPP Star approval to ABB Air Preheater in Wellsville, NY.

Drawing from its experience with the VPP, OSHA issued its Safety and Health Program Management Guidelines in January 1989. These guidelines aimed to improve workplace safety and health and protect employees by focusing on safety and health management.

Programs and Priorities Evolve

During this period, another significant innovation was the establishment of the Nationally Recognized Testing Laboratory (NRTL) program. Before 1988, OSHA relied on just two laboratories for testing and certifying that specific products were safe for use in the workplace. The agency officially established the NRTL program to allow recognized private organizations to test and certify equipment for safety before being used in the workplace. The program allows any private organization to apply for recognition as an NRTL; however, these recognized organizations must be independent of manufacturers and end users of the tested and certified products.

In 1989, the first edition of the OSHA Technical Manual (OTM) was published. The objectives of the OTM included improving OSHA’s training and increasing inspection efficiency and thoroughness by enhancing the pre-inspection preparation time for Compliance Safety and Health Officers (CSHOs).

That same year, the U.S. Department of Energy (DOE) requested assistance from OSHA in performing safety assessments at its nuclear facilities. OSHA’s primary role in these teams was to act as consultants, helping DOE identify occupational safety and health hazards (excluding radiological hazards) at government-owned, contractor-operated nuclear facilities. In addition, OSHA evaluated contractor responsibilities for occupational safety and health issues at these facilities. This joint effort led to the signing of a Memorandum of Understanding in 1992, in which OSHA agreed to continue providing a wide range of technical assistance to DOE as it sought to redefine its safety and health programs.

OSHA’s special initiatives and cooperative programs have been instrumental in enhancing the safety and health of employees across various industries. By adopting a balanced approach that combines enforcement, education, training, standard-setting, cooperation between employees and employers, and consultation activities, OSHA has demonstrated its unwavering commitment to ensuring a safe and healthful work environment for all. The establishment of programs like VPP, SHARP, and NRTL, along with collaborations such as those with the Navajo Indian Nation and the Department of Energy, showcase the agency’s dedication to improving workplace safety and health nationwide.

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

Reference: