Core Provisions: Rep. Miller (D-CA), along with eleven Democratic co-sponsors, introduced legislation on July 30, 2008 that would prohibit the Secretary of Labor from issuing, administering, or enforcing any rule, regulation, or requirement derived from a proposal submitted to the Office of Management and Budget (OMB) entitled “Requirements for DOL Agencies’ Assessment of Occupational Health Risks.”
The draft rule reportedly changes the process Department of Labor (DOL) agencies follow when preparing risk assessments related to health standards governing occupational exposure to toxic substances and hazardous chemicals by challenging OSHA’s current assumptions that there is no threshold carcinogen exposure below which the cancer risk is zero, and that permissible exposure levels should be based on exposure to a toxin over a career lasting 45 years.
The proposed bill comes after Rep. Miller and Sen. Kennedy (D-MA) sought documentation related to the rule’s development after the rule was referenced on the OMB website despite the fact that it was not included in the DOL’s semiannual regulatory agenda. The proposed rule has not yet been published in the Federal Register.
Status: Rep. Miller’s legislation, the “Prohibiting the Department of Labor’s Secret Rule Act of 2008″ (H.R. 6660) has been referred to the House Committee on Education and Labor.