GAO Report Released: Workplace Safety and Health OSHA Can Better Respond to State-Run Programs Facing Challenges

Recently, the Government Accountability Office (GAO) released a report, titled Workplace Safety and Health OSHA Can Better Respond to State-Run Programs Facing Challenges GAO-13-320 (Apr. 16, 2013). The details of the 45-page report, available here, are discussed below:

Why GAO Did This Study

The Occupational Safety and Health Administration (OSHA) is generally responsible for setting and enforcing occupational safety and health standards in the nation's workplaces. OSHA carries out enforcement directly in 34 states and territories, while the remaining 22 have chosen to administer their own enforcement programs (referred to as state-run programs) under plans approved by OSHA. GAO was asked to review issues related to state-run programs. This report examines (1) what challenges states face in administering their safety and health programs, and (2) how OSHA responds to state-run programs with performance issues. GAO reviewed relevant federal laws, regulations and OSHA policies; conducted a survey of 22 state-run programs; and interviewed officials in OSHA's national office, all 10 OSHA regions, and from a nongeneralizable sample of 5 state-run programs; and interviewed labor and business associations and safety and health experts.

What GAO Recommends

Congress should consider giving OSHA a mechanism to expedite assistance to states experiencing challenges. In addition, OSHA should take a number of actions, including facilitating access to training; establishing time frames for resuming enforcement if states do not address challenges in a timely manner; and documenting lessons from its past experiences in resuming federal enforcement of state-run programs. In response, OSHA agreed with the recommendations and said it will explore ways to implement them.

GAO Report Released: Product Safety Laboratories OSHA's Accreditation Process Needs Reexamination

Recently, the Government Accountability Office (GAO) released a report, titled Product Safety Laboratories OSHA's Accreditation Process Needs Reexamination GAO-13-88 (Dec. 11, 2012). The details of the 45-page report, available here, are discussed below:

Why GAO did this study

American workers interact with many types of products that could pose risks to their safety. The NRTL program, administered by OSHA, works to support employers and workers by establishing a process for safety-testing certain equipment and other products for use in the U.S. workplace. Under this program, which is supported by user fees, OSHA accredits third-party labs as NRTLs, which then determine whether certain types of products meet safety standards. Because the availability of NRTLs is essential to ensuring that employers have timely access to products that meet safety standards, GAO was asked to examine (1) how long it takes to make accreditation decisions and the key factors that affect timeliness, and (2) the extent to which OSHA has adopted commonly used strategies for improving timeliness. GAO reviewed relevant documents and data from OSHA; interviewed OSHA officials, other NRTL stakeholders, and officials from four federal agencies that administer accreditation programs for other purposes; and reviewed information on strategies for improving timeliness from past GAO reports and other sources.

What GAO Recommends

GAO recommends that Labor review its current structure and procedures for accrediting NRTLs and implement alternatives that would maintain effectiveness while improving timeliness. Labor agreed with the recommendations and described its plans to address them.