Congressional Testimonies - (Archived) Table of Contents|
| Information Date:||06/29/1994|
| Presented To:||Committee on Governmental Affairs, United States Senate|
| Speaker:||Zettler, H. Berrien|
Mr. Chairman and Members of the Committee:
I am H. Berrien Zettler, Deputy Director of Compliance Programs for the Occupational Safety and Health Administration (OSHA). I am pleased to appear before you today to discuss the occupational safety and health requirements that would apply to the Legislative branch if it were covered by OSHA.
I will begin by describing OSHA's overall responsibility for workplace safety and health. OSHA was established pursuant to the OSH Act of 1970. This statute grants the Agency broad authority to promote the safety and health of employees on the job. The OSH Act authorizes OSHA to promulgate occupational safety and health standards and to conduct inspections to enforce those standards -- by issuing citations, proposing monetary penalties, and requiring employers to abate hazards. In addition to the requirement for complying with standards, employers must comply with section 5(a)(1) of the OSH Act, which requires that all employers provide a workplace free from recognized hazards.
The Act also gives OSHA the authority to work with employers and employees in reducing workplace dangers. The agency provides a variety of consultative, educational and voluntary programs designed to assist employers and employees in recognizing and abating hazards.
The OSH Act encourages the States to conduct their own federally-approved job safety and health programs. Twenty-five states or jurisdictions currently operate OSHA programs which are monitored by OSHA to ensure that they are at least as effective as the federal program.
Employees of the Executive branch of the Government are protected by section 19 of the OSH Act and Executive Order 12196 which, among other requirements, mandates that all Federal agencies operate a safety and health program and comply with all OSHA standards.
As you are aware, the Legislative branch is excluded from coverage under the OSH Act. But we have indications that there are workplace hazards in Congressional offices and other workplaces of the Legislative branch. In October 1992 the General Accounting Office issued a report entitled, "Uneven Protections Provided to Congressional Employees." GAO's safety and health consultant found serious hazards in virtually all the Congressional offices which were visited, as well as at the Government Printing Office (GPO). Examples of these hazards include improper placement of automatic sprinklers, lack of protection from excessive noise, exposed blades on power saws and machines, poor ventilation, and improper labels on chemicals. GAO also found that no single Congressional office or official had full responsibility for protecting the safety and health of congressional employees.
The Legislative branch includes a variety of workplace environments, from white collar office settings to industrial and construction operations. The GAO report which I mentioned indicates that hazards found in Congressional workplaces are the same as those found by OSHA when it conducts inspections in the private sector or when it oversees workplaces of the Executive branch of our Government. OSHA has found that in office environments employees may be exposed to electrical dangers, indoor air problems, poor housekeeping, excessive noise, inaccessible fire extinguishers, and entrances and exits which may be blocked. Although the agency does not have regulations requiring a specified amount of space for each employee, we do enforce rules requiring that entrances and exits be accessible and that the capacity of each exit be sufficient to accommodate the number of occupants who would use the exit.
A safe office environment depends upon a number of factors. Among other things, employers should ensure that employees are trained to respond safely during a fire or evacuation; exits and walkways should be clear of materials that would prevent access; storage boxes and all office supplies should be stored properly so that they do not fall on workers; electrical wiring should be sufficient to handle the demand load; and safe work practices