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Impact of Bush Administration on Development of New OSHA Legislation During the presidential administration of Republican George W. Bush (2001-2009), there was a dramatic
Impact of Bush Administration on Development of New OSHA Legislation During the presidential administration of Republican George W. Bush (2001-2009), there was a dramatic slowdown in the passage of new legislation by OSHA. This trend started almost immediately after President Bush took office with the repeal of the OSHA ergonomics standard in March of 2001, which had been developed and passed during the final months of the preceding administration of Democrat Bill Clinton. The OSHA ergonomics standard represented OSHA's first organized attempt to address ergonomic disorders, which encompass a broad range of ailments resulting from the overexertion of the human body. These disorders typically affect workers who complete repetitive tasks or whose jobs require heavy lifting or awkward postures. Common examples of ergonomic disorders include carpal tunnel syndrome, tendonitis, muscular strains, and back injuries. Ergonomic hazards are present in a broad range of industries and have become the most common cause of workplace illnesses within the United States. The OSHA ergonomics standard would have required employers to establish formal ergonomics programs, evaluate ergonomic hazards within their workplace, and provide employees with awareness training. The repeal of this standard not only eliminated the mandate for employers to implement such measures, but also prevented OSHA from passing any substantially similar legislation in the future. The repeal of the ergonomics standard set the rulemaking tone for OSHA during the two terms of the Bush presidency. The following graph shows the number of major OSHA standards passed during each presidential administration: Major OSHA Standards Issued By Presidential 12 10 Administration (Yellow Health Standard) (Red = Safety Standard) 2 0 Nixon Ford Carter Reagan Bush Clinton Bush Obama (69-74) (74-77) (77-81) (81-89) (89-93) (93-01) (01-09) (10-17) The yellow bars on this graph indicate the total number of occupational health standards passed during each administration, while the red bars indicate the total number of occupational safety standards. As you can see, only two new standards were issued during the Bush presidency. This is by far the lowest level of activity indicated on the graph, despite the fact that Bush served two terms. The other administrations serving two terms were Reagan (19 new standards) and Clinton (17 new standards). The two standards that were issued under the Bush administration did not have broad implications for American workers. One of these was an update to the OSHA recordkeeping standard, which simply changed how workplace injuries and illnesses were tracked. The other standard enacted during this period involved a reduction in an exposure limit for a single airborne contaminant. In response to political resistance against passing new legislation, OSHA increasingly began to rely upon the issuance of "guidelines" instead of standards during the Bush administration. Guidelines issued during this time period covered issues such as ergonomics and workplace violence within specific industries. However, these guidelines are viewed as being advisory in nature and do not carry the same compliance burden as a formal OSHA standard. The election of Democrat Barack Obama resulted in increased rulemaking by OSHA. The agency was granted increases in their rulemaking budget shortly after Obama took office, an indication that new rules were forthcoming. A total of nine new OSHA standards were enacted during the Obama administration and two prominent health standards (Hazard Communication and silica exposure) underwent significant revisions. Several other standards were proposed during this time period, but were blocked by a Republican-controlled Congress. The election of Republican Donald Trump has initiated a return to deemphasizing the development of new workplace safety and health standards. An early indicator of this trend was the release of the Department of Labor's regulatory agenda in July 2017. This agenda listed fourteen OSHA standards as being currently in development. This represents a cut of more than 50% from the fall 2016 agenda which included thirty OSHA standards in development.
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