OSHA and Small Businesses

Jul 1, 2005

Face-Off: How Can the Relationship Be Improved?

Sen. Olympia J. Snowe (R-ME)

Chair, Small Business and Entrepreneurship Comm.
http://snowe.senate.gov/

I recently introduced the Small Business Compliance Assistance Enhancement Act of 2005 (S. 769), which would help small business owners by closing loopholes that agencies, such as OSHA, use to avoid the requirements of the Regulatory Flexibility Act (RFA).

The Government Accountability Office released a study in 2002 demonstrating how federal agencies failed to meet RFA mandates and recommended the changes in my bill.

Despite the fact that small business owners create nearly 75% of new jobs in America, they also have the hardest time complying with federal regulations. This includes regulations that protect our workers from safety hazards in the workplace. Small business owners often do not have the time or the personnel to decipher and comply with complex OSHA regulations. OSHA has started providing compliance assistance on its own, and I  commend Labor Secretary Chao for initiating this effort.

My legislation, however, goes further by clarifying when a small entity compliance guide would be required, how a guide should be designated, and how and when a guide should be published. My legislation would also clarify that agencies should make the guide available on the Internet and what the words "compliance requirements" mean. It would make clear when—and how—agencies like OSHA should produce and disseminate compliance assistance guides that are truly useful to small business owners. It would also ensure that small business owners receive the assistance that they have repeatedly asked for when confronted with confusing OSHA regulations.

My bill is a major reform that would yield greater and more efficient compliance from small business owners.

 

Sen. Mark Pryor (D-AR)

Member, Small Business and Entrepreneurship Comm.
http://pryor.senate.gov/

As an advocate for small businesses, which  represent 99.7% of all employers and more than half of all private sector employees, I have taken note of the challenges that small businesses face. One thing I know for sure is that a visit from OSHA can send an employer trembling.

In Arkansas, employers take safety as seriously as OSHA does, because in the end they both want the same thing—healthy workers. OSHA regulations have resulted in a 60% decrease in workplace fatalities as well as a 40% decrease in occupational injuries and illnesses, but they can also be onerous and expensive, especially for small businesses. I believe that OSHA must continue to bolster its outreach to small businesses to help them meet requirements intended to reduce workplace injuries and illnesses. Correspondingly, small businesses would be wise to take advantage of OSHA's expertise and resources.

I have seen small businesses enroll in OSHA's Voluntary Protection Program and evolve into models of excellence without hurting their productivity or profit. In fact, many of these companies have found that their compliance with safety regulations has led to increased productivity as well as to lower costs in  workers' compensation and insurance. I am particularly proud of the Brock Service Painting Company, located in Batesville, Arkansas, which received recognition in 2004 for overall lost workday and injury and illness rates that were 60% below its industry's averages.

Business success and workplace safety should not be mutually exclusive. The relationship between OSHA and the small business community will continue to have its bumps, but open dialogue between the parties will help foster an industrious environment for both.