Federal agencies Legislation Voluntary Protection Programs

Senators push latest bipartisan attempt to make OSHA’s VPP permanent

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Washington – Senators on both sides of the aisle are again seeking to make OSHA’s Voluntary Protection Programs a permanent fixture.

The Voluntary Protection Program Act (S. 1878), co-sponsored by Sens. Mike Enzi (R-WY) and Michael Bennett (D-CO), was introduced Sept. 27 and referred to the Senate Health, Education, Labor and Pensions Committee.

“The Voluntary Protection Program is a win for employers, employees and the federal government,” Enzi said in a Sept. 27 press release. “We have a proven program that can protect the health and safety of employees while saving the government and private sector hundreds of millions of dollars by avoiding injuries and illness.

“It’s time we cement this program into law to ensure that it can grow and provide help for more of America’s small businesses.”

Enzi and Bennett introduced legislation with the identical purpose in April 2016, but it never moved out of committee.

Members of the House also have tried to accomplish the same goal, with the latest attempt made in March. That bill, H.R. 1444, remains in the House Education and the Workforce Committee. Reps. Todd Rokita (R-IN), Gene Green (D-TX) and Martha Roby (R-AL), among others, also co-sponsored a bill in May 2015 that did not move out of the House Workforce Protections Subcommittee.

OSHA is seeking to finalize improvements to VPP within the next year, Doug Kalinowski, director of OSHA’s Directorate of Cooperative and State Programs, said Sept. 26 at the 2017 National Safety Council Congress & Expo in Indianapolis.

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Robert Triplett
October 6, 2017
I am not in favor of the possibility of the VPP programs becoming permanent. As a Compliance Inspector for Federal OSHA and MIOSHA and as Assistant Director for Federal OSHA stationed in Savannah, GA I saw many abuses of the VPP program. I inspected companies, for their final round before getting their VPP Certification, that had multiple Serious Violations that had gone unnoticed and/or ignored during the process and they still qualified for their VPP Flag. One company in particular was a very small operation and in one day of inspection I found 37 Serious and 2 Other Than Serious violations. The company was given the VPP Certification without the violations being abated. I heard complaints from the VPP Coordinators stating that they had to show the program as a success. Many companies use the VPP program as a way of limiting inspections by the OSHA Enforcement Staff, which is one parameter of the program. There was also a high degree of desire for companies to qualify, whether they were actually safer or not, by OSHA Managers, because they wanted the program to look like it was actually accomplishing the goals. It has been a ploy of the Republican Party to get this program established permanently stating that employers want to comply with OSHA regulations, when the facts and the citation history of many companies reveal that this is not the case. If anything, OSHA should be allowed to enlarge their CAS, Compliance Assistant Specialists, Officers. This is truly a program that does help and assist employers to learn about and correct hazards (with the provision that the employers actually abate the hazards found) in order to save lives and injuries from affecting our workforce. I've always felt that the CAS group should be roughly 1/3 of all the Officers in OSHA. This is a program that can achieve true and legit bipartisan support and success.