In July of 1988, President Ronald Reagan was giving a speech to the Future Farmers of America when he jokingly referred to the nine most terrifying words in the English language, “I’m from the government, and I’m here to help.” As if the demands on the trucking industry have not been enough with Compliance, Safety, Accountability (CSA), another federal agency has proposed new regulations that invoke the spirit of Reagan.
The Occupational Safety and Health Administration (OSHA) is proposing a transition from the traditional reporting of workplace injuries using the annual paper Form 300A to electronic. At a recent informal public meeting, the agency was looking for input from industry stakeholders to help guide it forward with this new initiative. To the outside observer, this seems like a great idea since the elimination of paper in favor of electronic reporting should save time and money. But in true government fashion, the reality of the picture behind the pretty wrapping is drastically different than the perception.
Undoubtedly, the most troubling aspect of the proposed electronic reporting of workplace injuries and illnesses is the fact that the information would be available to the public via the OSHA website. The agency cites the Open Government Initiative established by the White House as part of the reasoning behind the decision, but also states “[it] believes that public access to timely, establishment-specific injury and illness data will improve workplace safety and health.”
Not surprisingly, union and labor representatives at the public meeting were overwhelmingly in favor of the proposal. They cited example after example of companies that discouraged employees from reporting injuries and punished those who blew the whistle on unsafe work environments.
The pitfalls of this tactic are too numerous to list given what we know about CSA, but the National School Transportation Assn. was the only representative of the trucking industry to speak at the meeting (other than the president of a local Teamsters union that had thousands of complaints from drivers regarding reportable injuries). Business representatives were opposed to the public release of this sensitive data, but the labor groups were equally united in their support. It is a classic management versus labor political football, and no one can predict which way OSHA will make it bounce.
Officials at government agencies are always asking for examples of how a particular regulation is hurting or would hurt a particular business. Based on the testimony at the public meeting, OSHA officials have no idea how CSA data is being used by people outside vehicle enforcement—and it’s not in the business of improving driving safety. I urge the trucking industry to take action; otherwise, the information on the annual Form 300A report and other injury and illness records will become public knowledge.
Fortunately, OSHA has extended the comment period to March 8, 2014, so it’s not too late. OSHA needs to hear from the industry on how CSA data is being misused. If it doesn’t, then fleets should be prepared for their injury and illness information to become public record so anyone can use it to paint any picture they want. Don’t take my word for it. Follow the links below and you will keep hearing those nine most terrifying words as you read.
http://www.gpo.gov/fdsys/pkg/FR-2013-11-08/pdf/2013-26711.pdf
http://www.gpo.gov/fdsys/pkg/FR-2014-01-07/pdf/2014-00010.pdf
Kevin Rohlwing can be reached at [email protected]
