The Democratic majority in the U.S. House of Representatives slipped in language in the House OSHA budget report for fiscal 2008 that could portend the kind of heat the agency will face if the Democrats capture the White House next year. Consider the report a shot across OSHA’s bow.

Here are several examples:

• The Committee is concerned about OSHA’s lack of progress in developing and issuing important safety and health standards and the failure to meet the agency timetable for action in the semi-annual regulatory agenda. Therefore, the Committee directs OSHA to provide Congress with detailed timetables on beryllium, silica, cranes and derricks, confined space entry in construction, and hazard communication global harmonization.
• The Committee is dissatisfied with ergonomics activity. OSHA is directed to develop guidelines for 13 industries and to submit a timetable.
• The Committee is dissatisfied with progress on the PPE standard. A provision is included to ensure that these protections will finally be put in place.
• The Committee is dissatisfied with lack of action for protection of health care workers in the event of an influenza pandemic. OSHA is directed to develop a permanent standard on an expedited basis and submit a report within 90 days of enactment.
• The Committee is dissatisfied with the OSHA response to the serious health hazard posed by exposure to diacetyl. OSHA is to develop a permanent standard on an expedited basis and again submit a report to Congress within 90 days of enactment.
• And finally, the Committee made sure that the prohibition on OSHA from enforcing annual fit testing for respirators for occupational exposure to TB was not included.

Says Aaron Trippler, government affairs manager of the American Industrial Hygiene Association: “This is all included in report language, which isn’t really law. It will be very interesting to see how much of this remains when the House and Senate get together to work out their differences. The House uses language that specifically directs OSHA to take an action such as putting a standard in place. Much of the Senate language directs OSHA to come back with a timetable on future action.