WASHINGTON — Two days after a memorial
service for the seven workers killed in an explosion at an Anacortes,
Wash., oil refinery, the head of the federal agency that oversees worker
safety said Washington state has a solid program for inspecting
dangerous workplaces.
But David Michaels, the assistant labor
secretary who head the Occupational Safety and Health Administration,
admitted during a congressional hearing Tuesday that there were gaps in
federal law that needed to be closed.
Under questioning from Sen.
Patty Murray, D-Wash., Michaels said no one is keeping track of the
safety records of companies that operate refineries in multiple states.
“We don’t know,” Michaels said. “It is a weakness in the law.”
Though
the Senate Health, Education, Labor and Pension Committee hearing
focused on the Upper Big Branch Mine disaster in West Virginia, which
killed 29 miners, Murray zeroed in on the deadly explosion at the Tesoro
Corp. refinery in Anacortes on April 2. It was the deadliest refinery
accident since 2005, when 15 people died and 170 were injured at a Texas
refinery.
“Nothing we can do can bring back your loved ones,”
Murray said, calling the Anacortes refinery blast a “terrible tragedy.”
But
Murray said the Tesoro refinery was cited for 17 serious safety
violations in 2009. Washington is one of 26 states with a state-run
occupational safety and health program approved by the U.S. Department
of Labor.
Michaels said OSHA has increased oversight of refineries
in the past several years.
“We think they are extremely
dangerous,” Michaels said. “We are extremely concerned about oil
refineries.”
While other states have not followed the federal
example, Washington state has increased its oversight of refineries.
“Washington
state has a good OSHA system and replicates what we do,” Michaels said.
Michaels
said there were other shortcomings in federal worker safety laws,
including weak civil fines and criminal penalties. The top fine OSHA can
levy is $7,000, and that hasn’t been raised in 20 years, he said.
“The
fines and penalties on environmental matters are tougher,” said Sen.
Tom Harkin, D-Iowa, the committee chairman.
Michaels also said
that OSHA couldn’t remove workers or shut down a dangerous work site
without a court order.
“The OSHA law is very weak,” he said,
adding that the Obama administration supports toughening the federal
regulations. “American workers still face unacceptable hazards.”
Asked
about OSHA’s reputation for “nitpicking,” Michaels said the agency has
2,000 inspectors to visit 8 million job sites, and that 80 percent of
the violations it finds were serious.
“We don’t have time to
nitpick,” he said.
– The News Tribune
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