OSHA ASSISTANT SECRETARY NOMINEE APPROVED BY SENATE HELP COMMITTEE  (11/19/2009)
The U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) Nov. 18 approved the nomination of David Michaels for assistant secretary of labor for the Occupational Safety and Health Administration (OSHA) without a hearing.  

President Barack Obama nominated Michaels, a professor at the George Washington University School of Public Health, before Congress adjourned for the August recess.  Michaels’ nomination was scheduled to be voted on by the HELP committee last month, but was dropped from the Oct. 20 agenda.  

ABC and 21 other organizations, Oct. 7 sent a letter to members of the HELP committee requesting a hearing before Michaels’ confirmation, as has traditionally been the case for OSHA assistant secretary nominees.   

In the letter, the groups expressed concern over Michaels’ advocacy for more government regulation, even when the available information to support the increased oversight is inadequate or unsettled.   

“A hearing is warranted to examine Michaels’ views on what level of debate is appropriate surrounding the science and data used by OSHA for its regulations,” the letter stated.  

The letter also pointed out that Michaels opposes government requirements for rulemaking, such as economic analyses and reviews of how proposed regulations might affect small businesses.   He also supports expanded use of the “general duty clause,” an enforcement tool that essentially gives OSHA the unfettered ability to cite employers and impose abatement requirements without regard to their reasonable cost.  

Now that Michaels has been approved by the HELP committee, his nomination will be sent to the Senate floor for a confirmation vote, although the date has yet to be determined.  

For more information, contact Ashley Fingarson at ABC, fingarson@abc.org.