[Congressional Record Volume 143, Number 156 (Saturday, November 8, 1997)]
[Extensions of Remarks]
[Page E2224]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


  INTRODUCTION OF LEGISLATION TO PROTECT VOLUNTARY SAFETY AND HEALTH 
                                 AUDITS

                                 ______
                                 

                          HON. CASS BALLENGER

                           of north carolina

                    in the house of representatives

                        Friday, November 7, 1997

  Mr. BALLENGER. Mr. Speaker, one of the fundamental purposes of the 
Occupational Safety and Health Act was to encourage ``employers and 
employees in their efforts to reduce the number of occupational safety 
and health hazards at their places of employment.'' In its focus on 
enforcement, OSHA has too often overlooked that purpose. One of the 
promises of OSHA reinvention, however, was that OSHA would encourage 
employers to voluntarily implement effective safety and health programs 
in their workplaces.
  Contrary to that promise, OSHA has not addressed, in fact has refused 
to address, a significant obstacle to effective voluntary safety and 
health programs which it has created through its enforcement policies. 
OSHA has insisted on full access to voluntary self audits and 
assessments conducted by employers, in order to use these records 
during inspections to (1) help OSHA identify potential violations, and 
(2) to establish a basis for charging that any violations found in the 
workplace are ``willful.'' In some cases, OSHA has gone so far as to 
subpoena these records for use in inspections and enforcement.
  OSHA's policy discourages companies from conducting complete and 
honest self evaluations, even though OSHA acknowledges that such 
evaluation is a critical element to an effective safety and health 
program. The Environmental Protection Agency, facing this same issue in 
the environmental context has recognized that ``routine Agency requests 
for voluntary audit reports could inhibit auditing in the long run, 
decreasing both the quality and quantity of audits conducted'' [1986 
Environmental Auditing Policy Statement, 51 Fed. Reg. 25,007]. For that 
reason, EPA has limited its access to these records. OSHA should be 
encouraging companies to conduct such safety and health evaluations. 
Instead, it is discouraging companies from such efforts by threatening 
to seize them and use them as a weapon against the employer.
  The result of OSHA's policy is less health and safety, not more. As 
one commentator put it: ``the `costs' of the Department's position, in 
terms of the decreased use and effectiveness of a critical component of 
voluntary safety and health programs, dramatically outweight the 
`benefits' of the position in terms of access to a possible source of 
evidence of a violation or of an employer's willful violation.''
  The legislation applies only to self audits and assessments that are 
not required by any law or regulation. Further, it applies only to 
inspections and enforcement proceedings under the OSHAct. It does not 
address broader issues that would more logically be addressed as part 
of a change in the rules of evidence. I invite my colleagues to join me 
in passing this important legislation.

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