House Expected to Vote on MSHA Legislation Next Week—Bill to set Harmful Precedent that Could Prevent Industries from Commenting on Rulemakings
Next week, the House is expected to bring to the floor the Supplemental Mine Improvement Act. This legislation would require the National Institute of Occupational Safety and Health (NIOSH) to forward all Recommended Exposure Limits (RELs) for air contaminants to the Secretary of Labor. The Secretary must then require the Mine Safety and Health Administration (MSHA) to adopt the same exposure limits as enforceable health standards.
The bill raises numerous concerns for AGC and others in the business community. Among those concerns is the unacceptable precedent this would set by circumventing the comment and rulemaking process and preventing the right of regulated industries to comment on proposed rulemakings which affect their businesses. It ignores both the Administrative Procedures Act and the Regulatory Flexibility Act, thus preventing the development of scientifically sound, economically feasible safety and health standards, as well as purposely avoiding any studies to determine the affects on small business. Finally, it would also thrust NIOSH into a regulatory and policy making role for which the organization was never intended.
Despite opposition from AGC and other business groups, it is likely that this bill will pass the House.
For more information, contact Kelly Knott at firstname.lastname@example.org or (202) 547-4685.
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