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OSHA attached language to its final rule on cranes and derricks formalizing its stance that the regulations do not supersede state and local laws and ordinances as long as those codes meet or exceed federal standards. The issue of preemption arose in a recent court case, in which a steel industry group is seeking to have New York City building codes thrown out on the basis of OSH Act preemption -- a claim that prodded the Labor Department to wade into the dispute. The Labor Department has filed an amicus brief in that case (see Inside OSHA, April 26).

OSHA says a $50.6 million settlement with BP Products North America reached Thursday provides an unprecedented level of oversight of BP's safety program, including stringent new incident reporting requirements, as part of a deal that comes just as the agency faces pressure on Capitol Hill to demand greater concessions in any settlements with so-called “problem companies.”

OSHA chief David Michaels is strengthening enforcement, refocusing workplace safety culture, improving collaboration within the agency -- as well as with other branches of government -- and modernizing injury and illness tracking, according to a recent letter to stakeholders outlining Department of Labor strategies to reform worker safety.

He also asserts that “regulation by shaming” may be an effective way for OSHA to ensure significant hazards are eliminated. Thus, OSHA plans to issue more “hard-hitting” press releases.

Lawmakers intensified their push for OSHA to take immediate regulatory steps to address workplace safety in the fuel gas industry as a stopgap while the agency potentially tackles the longer process of a final standard, following the agency's decision to issue one of its largest-ever fines and send out letters to the industry warning of enforcement activity instead of pursuing a regulation.

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OSHA is not finding significant problems through its pilot enforcement program targeting employer under-recording and has suspended federal inspection activity until additional targeting criteria can be found, sources say. OSHA sources and other stakeholders told Inside OSHA that the agency has reportedly not found the number or degree of violations it had expected to uncover through the program.

President Obama issued a memo last week to extend and strengthen an initiative focused on federal worker safety and health by creating aggressive performance targets. Stakeholders say they are pleased with the new initiative, which they believe is a step forward from its predecessor, although there is no enforcement authority attached.

Industry and union stakeholders are sharply divided over an unprecedented move by the Department of Labor calling for the U.S. Postal Service (USPS) to fix electrical violations at 350 facilities, as it is the first time that DOL has executed such an enterprise-wide effort and could portend the way it responds to such findings in the future.

A NIOSH workplace evaluation program would be significantly expanded in scope under a provision added to the mine bill prior to its passage by the House labor committee last week, allowing physicians, former employees, and possibly OSHA inspectors to request such evaluations for the first time. The provision also formally expands the types of hazards that can be addressed to include non-toxic hazards, such as musculoskeletal disorders, NIOSH chief John Howard told Inside OSHA.

OSHA won't rule out using an upcoming illness and injury prevention program rule to compel employers to address ergonomics and other areas lacking specific standards, in what amounts to a signal to industry groups that one of their top concerns about the planned rule may come to fruition.

Organized labor officials and NIOSH's research council criticized the Centers for Disease Control and Prevention's plan to back off last year's call for use of N95 respirators to protect health care workers from the flu, saying the proposal is a retreat from the agency's stance following the outbreak of the H1N1 virus last year. Meanwhile the American Hospital Association (AHA) endorsed the respiratory protection changes.

The White House continues to push for national nanotechnology research, but in a resource-tight environment is asking federal agencies to coordinate their efforts and wipe out potential duplication. The Office of Management and Budget pegged nanotechnology as an area that warrants greater cross-agency collaboration in a recent memo urging agencies to cut 5 percent from their 2011 discretionary spending levels but to strategically protect certain programs. OSHA has been a non-funding participant in the interagency discussions, sources say.

Federal health agencies are planning to move forward with a first-time registry monitoring the health of people exposed to the BP oil spill, congressional sources say, a move that proponents say could help identify the harmful effects of spilled oil and facilitate needed research on long-term health risks.