DOL publishes 'secret rule'

Sep 09, 2008

A much-criticized Department of Labor requirement, which opponents claim was secretly developed and will slow the formation of new regulations, has been officially published.

A notice of proposed rulemaking for "Requirements for DOL Agencies' Assessment of Occupational Health Risks" was published in the Aug. 29 Federal Register. The proposed rule would require DOL agencies to publish an advance notice of proposed rulemaking and open a comment period for any health standard regulating occupational exposure to toxic substances and hazardous chemicals. It also would require agencies to electronically publish "all relevant documents" after each step in the regulatory process for the proposed rule, including scientific studies related to the rulemaking.

DOL is accepting public comment on the rule until Sept. 29, but stressed in the notice that the step was not required because the proposed rulemaking relates to internal DOL regulation.

The proposed rule, the notice said, stems from a 1997 report from the Presidential/Congressional Commission on Risk Assessment and Risk Management that recommended OSHA publish guidelines for risk assessments instead of relying on a case-by-case approach.

Opponents claim the rule ultimately would weaken worker protections by delaying the rulemaking process to satisfy pro-business interests. In July, Rep. George Miller, D-CA, chairman of the House Education and Labor Committee, introduced legislation (H.R. 6660) to stop DOL from "issuing, administering or enforcing any rule, regulation, or requirement" stemming from the plan.

On Aug. 14, the Project on Scientific Knowledge and Public Policy, a George Washington University-funded group composed of dozens of scientists and doctors from various institutions, wrote a letter (.pdf file) to Secretary of Labor Elaine L. Chao asking that she withdraw the proposed rule. The group claims the rule would "significantly weaken current risk assessment approaches without offering any improvements." OSHA administrator Edwin G. Foulke Jr. has stated the proposed rule is not being pursued at the expense of other standards.