General Oversight Hearing of the Occupational Safety and Health Administration: Hearing Before the Subcommittee on Health and Safety of the Committee on Education and Labor, House of Representatives, One Hundred First Congress, Second Session, Hearing Held in Washington, DC, August 1, 1990, Volume 4

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Page 166 - If the employer asserts that any eligible individual who has been referred is not able, willing, or qualified, the burden of proof is on the employer to establish that the individual referred is not able, willing, or qualified because of employment-related reasons.
Page 14 - To ensure the orderly consideration of the many new ideas pouring into us from these sources, I have set up a new, internal decision-making process. An agency policy review board comprised of OSHA's senior managers now meets at least once a month to evaluate new policy initiatives or proposals for change in existing policies and to recommend options for my consideration. It should not surprise you that there are similarities between OSHA's own, ongoing self -analysis of its programs and policies...
Page 23 - In recent years, under this policy, OSHA has used the civil penalty process to emphasize the seriousness of safety and health violations and to multiply the deterrent effect of a single inspection. Since 1986, OSHA has issued approximately 100 citations to approximately 90 employers for egregious violations. Almost twothirds of these cases have been settled prior to a hearing, thereby securing swift abatement of hazards. Many of the presently contested citations are close to settlement.
Page 6 - ... to whatever changes are necessary to improve safety and health conditions for America's workers. Indeed, we are already launched on an ambitious re-thinking of OSHA's programs and policies. To assist us in this effort, we are seeking ideas and suggestions from all the concerned parties. Shortly after I assumed office in October, a conference of the agency's senior managers was convened in Miami. In a departure from previous practice, representatives of our important constituencies were invited...
Page 100 - STIPULATION AND SETTLEMENT AGREEMENT I Complainant and Respondent have reached a full and complete settlement of the above-captioned matter presently pending before the Occupational Safety and Health Review Commission. The parties hereby agree as follows: II (a) The Occupational Safety and Health Review Commission (hereinafter the "Commission") has jurisdiction of this matter pursuant to Section 10(c) of the. Occupational Safety and Health Act of 1970 (S4 Stat.
Page 100 - Its employee* perform various tasks in the nature of manufacturing. During the course of its business. Respondent, at its Winslow, Maine plant, uses material and equipment which it receives from places located outside Maine. Respondent, as a result of the aforesaid activities, is an employer engaged in a business affecting commerce as defined by Section 3(3) and 3(5) of the Act, and has employees as defined by Section 3(6) of the Act, and is subject to the requirements of the Act. (c) As a result...
Page 24 - ... plants where the same violative conditions exist. For example, OSHA's first egregious cases in the poultry and red meat industries resulted in agreement by the parent corporations to implement ergonomics programs in all their plants. To date, we have entered into 13 corporate-wide settlement agreements in a number of industries including automobile and paper manufacturing. Monitoring the implementation of corporate-wide settlement agreements is becoming an increasingly important part of OSHA's...
Page 98 - Whenever the Secretary finds, after affording due notice and opportunity for a hearing, that in the administration of the State plan there is a failure to comply substantially with any provision of the State plan (or any assurance contained therein...
Page 16 - ... focus the agency's enforcement resources on high-hazard industries, enabling us to address the worst situations first. Safety inspections are targeted primarily in those manufacturing industries with lost workday rates higher than the national average. Health inspections are scheduled in industrial categories that have a history of serious violations of OSHA's health standards on past inspections. Since the meatpacking industry has such a high rate of injuries and illnesses, it receives priority...
Page 11 - Mr. Chairman and Members of the Subcommittee ; it is a pleasure to be here this morning to discuss...

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