“Injury and illness prevention programs are a better approach than safety incentive programs,” said OSHA Assistant Secretary David Michaels in his American Society of Safety Engineers webinar in May. “Already, workers have lots of incentives to work safely. We don’t need incentives. We need strong safety and health programs.”
Given this perspective, OSHA’s accelerated effort to adopt an Injury and Illness Prevention Program (I2P2) standard makes sense. Once adopted, the standard would require all U.S. employers to have company I2P2s, something that, incredibly, is not required under current regulations. Michaels said he wants the standard in place within three years, a lightning pace if judged by OSHA’s past standard adoption performance.
Through its effort to require injury and illness prevention programs at all work sites, OSHA hopes to bring much added focus to the question of what constitutes an effective safety and health program. The basic purpose of an I2P2 is identification and assessment of hazards and the institution of prevention measures. Good data collection is one aspect; so is worker involvement and top-management attention. Training is also critical.
“Safe work is more important than reporting,” said Michaels, who stressed that employers’ drive for low, reported injury and illness rates has corrupted the data and masked the extent of the nation’s workplace safety and health problems. “We want programs that reward workers for working safely, identifying hazards and abating them. A good I2P2 is a better approach than an incentive program.”
During June, OSHA convened three sessions to receive public comment on its proposed I2P2 standard. The LHSFNA participated and is working with the Building and Construction Trades Department of the AFL-CIO to develop an I2P2 rule specific to the construction industry. Eventually, the key components of a solid safety program will be codified in the new standard.
Michaels also urged companies to use government safety consultation services that are provided at the state level, and he praised Voluntary Protection Program (VPP) companies that strongly pursue safety programs and safe workplaces. He advised all companies to develop I2P2s and to engage their workers and supervisors in the process.
The LHSFNA’s Occupational Health and Safety Division provides support to LIUNA signatory employers who want help developing company- and site-specific safety programs. It can be reached at 202-628-5465
OSHA defines I2P2 programs as management systems that are designed to help employers reduce workplace injuries and illnesses “through a systematic process that proactively addresses workplace safety and health hazards.” In 1989, OSHA implemented an I2P2 program that encouraged employers to voluntarily implement a safety and health protocol and programs. During the Clinton administration, OSHA attempted to promulgate a regulatory requirement that employers implement I2P2 programs, but the effort stalled due to opposition from employers. OSHA dropped the effort from its agenda in 2002, but the Obama administration has indicated that an I2P2 rule is a high priority. Current OSHA Assistant Secretary David Michaels has spoken frequently of his determination to implement a final rule on I2P2 in the near future.
Stakeholders at the June 29 meeting discussed four general topic areas: possible regulatory approaches, the scope and application of the rule, organization of the rule, and the economic impacts of the rule. Organized labor was bullish on the notion of implementing an I2P2 requirement, while employers were mostly opposed to a new mandate. In general, employers expressed concern over requiring firms to implement an I2P2 system rather than relying upon a voluntary system. Small business representatives were particularly vocal about the burden of an I2P2 requirement and urged that any such rule permit flexibility or carve out exemptions based upon size or injury rate. Additionally, many employers requested that an I2P2 rule should consider employees’ behavior and overall wellness and the impact of those factors on risk and injury. During the meeting, a recommendation was made that the proposed rule contain a section on employee duties to complement the employer duties. Finally, employers in attendance urged OSHA to ensure that any I2P2 regulation would not be overly prescriptive and that it address only those areas of workplace safety that have been proven quantitatively to benefit from specific health and safety management protocols.
Several steps remain before an I2P2 rule could be finalized; indeed, a proposed rule has not even been drafted. The June 29 meeting marked the third of five I2P2 stakeholder meetings scheduled for 2010; previous meetings took place on June 3 in East Brunswick, N.J., and on June 10 in Dallas, Tex. The remaining meetings will be held on July 20 in Washington, D.C., and on August 3 in Sacramento, Calif.
Once the stakeholder meetings have been completed, OSHA must proceed through the regular rulemaking process, which involves drafting a proposed rule, publishing it in the Federal Register, permitting public comment, and responding to public comment before a Final Rule is issued. Since the regulation impacts small businesses, OSHA must include one additional step as part of the review process: In coordination with the Small Business Administration (SBA), OSHA must also establish a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel that includes small business representatives impacted by the proposed rule. The panel will review the regulatory language and preliminary government analysis of the regulation’s impact before producing a report that will be published along with the rule. SBREFA also requires that all rules reviewed by a panel are subject to Congressional review.
