[Congressional Record Volume 144, Number 81 (Friday, June 19, 1998)]
[Extensions of Remarks]
[Page E1181]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                OSHA WORKPLACE VIOLENCE RECOMMENDATIONS

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                          HON. CASS BALLENGER

                           of north carolina

                    in the house of representatives

                         Friday, June 19, 1998

  Mr. BALLENGER. Mr. Speaker, the Occupational Safety and Health 
Administration recently issued a document called ``Recommendations for 
Workplace Violence Prevention in Late-Night Retail Establishments.''
  Although workplace violence is an issue that we are all concerned 
about, I and many of my colleagues have serious reservations about 
OSHA's involvement in this issue. In September 1996, more than 100 
members of the House of Representatives wrote to then Assistant 
Secretary for OSHA, Joseph Dear, regarding an earlier set of 
``guidelines'' for workplace violence prevention programs for night 
retail establishments, expressing a number of concerns, including the 
enforceability of the guidelines and the lack of scientific basis and 
procedural safeguards in their promulgation.
  I continue to be concerned that OSHA's involvement in workplace 
violence has not been supported by objective analysis nor been subject 
to procedural safeguards. There is little evidence that OSHA is in a 
better position than state and local authorities to investigate 
incidents of workplace violence perpetrated by either 3rd parties or 
co-workers, or that OSHA's involvement in those investigations would 
help to bring the perpetrators to justice.
  Nonetheless, I do want to underline a clarification that OSHA made in 
its recent recommendations for late night retail establishments. It is 
my understanding from both the actual text of OSHA's final 
recommendations, as well as from comments made by OSHA officials, that 
its recommendations are not a new standard or regulation, and do not 
create any new OSHA duties, and that an employer's decision not to 
adopt any of the recommendations will not be deemed evidence of a 
violation of the General Duty Clause in section 5(a)(1) of the 
Occupational Safety and Health Act. To quote OSHA's recommendations 
directly, ``These recommendations do not impose, and are not intended 
to result in, the imposition of any new legal obligations or 
constraints on employers or the states.''
  Mr. Speaker, a great many employers in the late night retail industry 
have worked hard to develop violence prevention programs that may not 
conform to all of OSHA's recommendations. It is my understanding that 
OSHA's recent ``recommendations'' are intended as suggestions to late 
night retailers of a variety of steps that may be taken as part of such 
violence prevention programs. The particular recommendations in the 
April 28 OSHA document are not intended to create any legal obligation, 
duty or consequence.
  Mr. Speaker, workplace violence, like violence throughout our 
society, is a serious problem. Employers in all sectors of the economy 
are taking steps to prevent violence against their employees, whether 
it be violence perpetrated by 3rd parties or by disgruntled and 
disturbed employees. I commend OSHA for clarifying that its 
recommendations do not impose new legal duties on employers but are 
intended to provide employers with suggestions and recommendations of 
steps that employers may consider as part of their own efforts to 
reduce the likelihood of violence occurring against employees in their 
workplaces.

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