To breathe or not....

The Occupational Safety and Health Administration (OSHA) estimates that of the more than 70 million employees working indoors, 21 million are exposed to poor indoor air quality. To solve this problem, OSHA has proposed a rule that moves toward regulating indoor air quality. The rule is designed to create healthier environments for the nation's 70 million workers by setting standards for indoor air quality. More than 4.5 million non-industrial work sites will be affected by this new rule. Non-industrial work sites include offices, schools and training centers, commercial establishments, health care facilities,cafeterias and factory break rooms. Product manufacturers, building owners and managers, as well as occupants of these work sites, will be affected by this proposed rule.

How Product Manufacturers Will Be Affected

According to the proposed rule, protective measures are required to control employee exposure to specific agents, including contaminant emissions from local indoor sources. OSHA describes building materials as point sources of emissions that include a variety of volatile organic compounds (VOCs). VOCs may be found in many indoor products which emit chemicals into the air. VOCs such as toluene, styrene, benzene, xylene and decane may be found in adhesives, caulks, glazing compounds, paints, appliances, office machines and supplies.

Products that emit high levels of VOCs and other contaminants can cause adverse health symptoms documented by physical signs and laboratory findings. Adverse health effects may include headaches, respiratory infection, wheezing, nausea, dizziness, respiratory allergies, Legionnaire's disease, influenza' colds and other ailments which result in lower productivity and higher absenteeism among building occupants. In an effort to create healthier work environments, OSHA suggests lowering contaminant emissions and stipulates that contaminant emissions must be controlled.

In addition to providing good building ventilation with a supply of clean, outside air, building owners and managers will be choosing the use of low emitting materials, or "LEMs," as the most effective way of controlling indoor contaminant levels. Product manufacturers will be asked to supply emissions data for products to be used in the construction, remodeling and furnishing of buildings. This emissions data will be obtained using environmental chamber test procedures; verification of 'low emitting" will be necessary.

How Building Owners and Managers Will Be Affected

The proposed rule will require the development and implementation of indoor air quality (IAQ) compliance programs. These written plans will describe information required for the daily operation and management of the building's systems and maintenance. In addition, employers are required, under the proposed rule, to: (1) identify a designated person to oversee the establishment and implementation of the IAQ compliance program; (2) keep written records of employee complaints of building-related illnesses and maintenance records; and (3) set up procedures to be utilized during renovation and modeling to minimize degradation of the indoor air quality for employees performing renovation activities and employees in other areas of the building. Emission data documentation is integral to this program.

OSHA believes that the written plans are an essential part of the overall compliance plans. These plans will encourage employers to focus on indoor air quality and implement the necessary control measures to achieve compliance with the standard. The plans provide information to OSHA, the employer and the employees, allowing for examination of the control methods chosen and for evaluation of their effectiveness.

On-the-Job Safety

Initially introduced in the 102nd Congress and re-introduced in 103rd Congress, the Comprehensive Occupational Safety and Health Reform Act (COSHRA) (S.575/H.R. 1280) is an organized labor-inspired measure intended to improve workplace health and safety by adding extensive - and expensive - new requirements. COSHRA would impose additional employer responsibilities, extend new rights to employees and provide enhanced enforcement authority.

The Employment Policy Foundation estimates that, if enacted, COSHRA would cost the private sector $57 billion. COSHRA would, among other things, reguire all employees - regardless of size - to establish and carry out detailed, written safety and health programs. For employers of more than 10 employees, joint safety and health committees would be required. COSHRA would enhance employees participation in OSHA enforcement actions, and expanded employees' refusal-to-work rights. The proposed bill woulld also introduce new and expanded criminal penalties, including personal liability for managers and supervisors. Employers would also face expanded recordkeeping and reporting requirements.

The House Education and Labor Committee approved H.R. 1280 on March 10, and Chairman Ford hoped to bring his bill to the House floor in June. Approval of the Senate companion bill (S.575) by the Senate Labor and Human Resources Commission could occur at any time. The battle will be fought on the House and Senate floors.

Rep. Harris Fawell (R-IL) and Bill Goodling (R-PA) have introduced H.R. 2937, an alternative to COSHRA, that provides incentives to promote voluntary compliance by employers. A companion bill (S. 1950) was introduced in the Senate by Sens. Nancy Kassebaum (R-KS) and Orrin Hatch (R-UT). Neither bill is likely to pass.