COMMITTEE ON EDUCATION AND LABOR CARL D. PERKINS, Kentucky, Chairman FRANK THOMPSON, JR., New Jersey EDWARD P. BEARD, Rhode Island BALTASAR CORRADA, Puerto Rico PETER A. PEYSER, New York EDWARD J. STACK, Florida PAT WILLIAMS, Montana WILLIAM R. RATCHFORD, Connecticut RAY KOGOVSEK, Colorado DON BAILEY, Pennsylvania JOHN M. ASHBROOK, Ohio JOHN N. ERLENBORN, Illinois THOMAS E. PETRI, Wisconsin Blaylock, Kenneth T., national president, American Federation of Government Employees, accompanied by John Albertson, director, Occupational Safety and Health Department, American Federation Bucy, Charles, Acting Deputy Assistant Secretary for Administration, accompanied by Julius Jimeno, Director, Office of Safety and Health Management, Department of Agriculture___ Chamberlin, Guy W., Jr., Deputy Assistant Secretary for Administra- tion, accompanied by Joseph A. Lola, Departmental Safety_and Health Coordinator and Dr. Paul M. Selfon, Chief, Medical Divi- sion, Department of Commerce.. McCart, John A., executive director, Public Employee Department, AFL-CIO, accompanied by John E. Cosgrove, director of legislation, Public Employee Department, AFL-CIO.. Medina, William A., Assistant Secretary for Administration, Depart- ment of Housing and Urban Development-- Meierotto, Larry E., Assistant Secretary, Policy, Budget and Adminis- tration, accompanied by John H. Hast, Chief, Division of Safety Management; James F. Kelly, Director, Office of Administrative and Management Policy, U.S. Department of the Interior. Prepared statements, letters, supplemental materials, et cetera― Bergland, Hon. Bob, Secretary of Agriculture, Department of Agri- Letter from Chairman Gaydos, dated March 11, 1980.. Blaylock, Kenneth T., national president, American Federation of Letter to Dr. Eula Bingham, Assistant Secretary, Occupational Statement of Dennis Garrison, national president, American Federation of Government Employees, attachment 2.. Testimony of Joseph Gleason, national executive vice president, American Federation of Government Employees, attachment 1- Bucy, Charles, Acting Assistant Secretary for Administration, U.S. (III) Prepared statements, letters, supplemental materials, et cetera—Continued U.S. Department of Agriculture, department personnel manual, Chamberlin, Guy W., Jr., Deputy Assistant Secretary for Admin- Supervisor's accident investigation report, CD-137... Gaydos, Hon. Joseph M., a Representative in Congress from the Page 29 33 397 411 1 McCart, John A., executive director, Public Employee Department, 424 Medina, William A., Assistant Secretary for Administration, Department of Housing and Urban Development: Employee Safety and Health, a HUD handbook January 1973.... Meierotto, Larry E., Assistant Secretary, Policy, Budget and Admin- 453 447 Examination of circumstances surrounding the accidental death Departmental manual, safety management, part 485 safety man- Departmental manual, aviation management, part 352 aviation 118 114 "Supplementary accident/incident report". 113 Meyers, Larry, Deputy Director, Congressional Affairs, Department of Agriculture, letter to Chairman Gaydos, with attachments, dated 610 OVERSIGHT HEARINGS ON OSHA-OCCUPATIONAL SAFETY AND HEALTH FOR FEDERAL EMPLOYEES Part 1: Federal Sector WEDNESDAY, MARCH 14, 1979 HOUSE OF REPRESENTATIVES, Washington, D.C. The subcommittee met, pursuant to notice, at 10 a.m., in room 2261, Rayburn House Office Building, Hon. Joseph M. Gaydos (chairman of the subcommittee) presiding. Members present: Representatives Gaydos, Myers, Bailey, and Ashbrook. Staff present: Paul F. Dwyer, majority counsel; Dorothy L. Strunk, minority legislative associate; Edith C. Baum, minority counsel for labor. Mr. GAYDOS. The committee will come to order. We have Mr. Bailey here now from Pennsylvania, and other members have promised to be here later this morning. We call this the "Keystone Committee" because we have four members from Pennsylvania. I want you to know that, in case our accents are a little different you will understand. The Subcommittee on Health and Safety will come to order formally and without objection. The Chair would like to introduce and place in the record at this time the prepared text of my opening remarks. I hear no objection, so it is so ordered. [The above referred to statement follows:] OPENING REMARKS OF HON. JOSEPH M. GAYDOS, CHAIRMAN In the 95th Congress, this subcommittee conducted an extensive oversight into the Federal Employees Compensation Act. In the twelve days of hearings the picture that developed was not a pretty one. There was evidence of an excessive and, at time, what many considered to be, an unconscionable delay in processing claims. Additionally, there was testimony indicating the presence of questionable claims being approved. But, underlying all the testimony was the fact that there has been a marked increase in the number of compensation claims for work-related injuries or diseases filed by civilian employees of the Federal Government. For example, in the period 1970-1977, the number of reported injuries increased from 121,000 to 208,000, an increase of 72 percent. Compensation benefits paid in this period increased from $131 million to $545 million, an increase of 315 percent. While Assistant Secretary of Labor Elisburg, in testifying before the subcommittee on April 26, 1978, gave assurances that he would give utmost priority to correcting deficiencies in the administration and management of the pro gram, the fact remains that there are far too many work-related injuries and diseases suffered by Federal employees. Therefore, this subcommittee begins this morning an intensive and comprehensive review of the safety and health programs conducted by the Federal Government to protect its employees. The subcommittee intends to receive testimony from representatives of Federal agencies, employees and their representatives and other individuals that the subcommittee believes will enable it to make a thorough review of the present situation involving the health and safety of Federal employees. Prior to 1970, many Federal agencies had established occupational safety and health programs. In 1965, the Federal Government instituted its "Mission Safety-70", the first Government wide safety program for its civilian workers. In 1970 the Occupational Safety and Health Act was enacted into law, and section 19 dealt specifically with Federal agencies. While it did not provide for the enforcement provisions that applied to the private sector, it did, however place the responsibility in the hands of the head of each Federal agency, "to establish and maintain an active and comprehensive occupational safety and health program which is consistent with the standards promulgated under section 6 (of OSHA). The head of each agency shall (after consultation with representatives of the employees thereof) 1. Provide safe and healthful places and conditions of employment. 2. Acquire, maintain, and require the use of safety equipment, and devices reasonably necessary to protect employees; 3. Keep adequate records of all occupational accidents and illnesses for proper evaluation and necessary corrective action; 4. Consult with the Secretary (of Labor); and 5. Make an annual report to the Secretary (of Labor) Following the 1970 enactment, the President, on July 26, 1971, issued Executive Order 11612, further specifying the procedures to be followed by various Federal agencies in complying with the law. This was further superseded on September 28, 1974, by Executive Order 11807. This order required the head of each Federal agency to consult with employee representatives and: 1. Appoint an agency official with sufficient authority to represent effectively the interest of the head of the agency, 2. Establish an occupational safety and health management information system, 3. Establish agency standards consistent with OSHA standards, 4. Assure periodic inspections of agency workplaces with properly qualified personnel, 5. Provide safety and health training for officials at all management levels as well as other employees. 6. Cooperate with the Secretary of Labor with respect to his responsibility and duties under section 19 of OSHA. On August 4, 1976, the General Accounting Office submitted a report to Congress on "Hazardous Working Conditions in Seven Federal Agencies". The Comptroller General recommended that Federal agencies should establish procedures and practices for: 1. Inspecting all workplaces with qualified safety engineers and industrial hygienists, 2. Preparing formal inspection reports describing the hazards, the potential result of the hazards, how long the violation existed and a reasonable period of abatement. 3. Making follow-up inspections, 4. Encouraging submission of and requiring adequate response to employee complaints, 5. Training management and all employees on safety and health matters, and 6. Monitoring and evaluating occupational safety and health programs at all levels. It appears that in some agencies there is much to be accomplished with respect to providing safe and healthful conditions for Federal employees. The President's annual report to Congress of the occupational safety and health activities in the Federal Government for calendar year 1976 states, "although some Federal agencies could honestly report significant achievements in their development and implementation of effective OSH activities during calendar year 1976, the majority of the agencies, when their programs were evaluated by DOL |