OSHA is generally responsible for setting and enforcing
occupational safety and health standards in the nation's
workplaces. OSHA carries out enforcement directly in 34 states and
territories, while the remaining 22 have chosen to administer their
own enforcement programs (state-run programs) under plans approved
by OSHA. GAO was asked to review issues related to state-run
programs. This report examines (1) what challenges states face in
administering their safety and health programs, and (2) how OSHA
responds to state-run programs with performance issues. GAO
reviewed relevant federal laws, regulations and OSHA policies;
conducted a survey of 22 state-run programs; and interviewed
officials in OSHA's national office, all 10 OSHA regions, and from
a nongeneralizable sample of 5 state-run programs; and interviewed
labor and business associations and safety and health experts.
State-run programs face several challenges that primarily relate to
staffing, and include having constrained budgets, according to OSHA
and state officials. States have difficulty filling vacant
inspector positions, obtaining training for inspectors, and
retaining qualified inspectors. Recruiting inspectors is difficult
due to the shortage of qualified candidates, relatively low state
salaries, and hiring freezes. Although OSHA has taken steps to make
its courses more accessible to states, obtaining inspector training
continues to be difficult. According to an agency official, OSHA's
Training Institute faces several challenges in delivering training,
including recruiting and retaining instructors, difficulty
accommodating the demand for training, and limitations in taking
some courses to the field due to the need for special equipment and
facilities. These challenges are further exacerbated by states'
lack of travel funds, which limit state inspectors' access to OSHA
training. Retaining qualified inspectors is another challenge among
states. Officials noted that, once state inspectors are trained,
they often leave for higher paying positions in the private sector
or federal government. GAO's survey of the 22 state-run programs
that cover private and public sector workplaces showed that
turnover was more prevalent among safety inspectors than health
inspectors. Nearly half of these states reported that at least 40
percent of their safety inspectors had fewer than 5 years of
service. In contrast, half of the states reported that at least 40
percent of their health inspectors had more than 10 years of
service. These staffing challenges have limited the capacity of
some state-run programs to meet their inspection goals. OSHA has
responded in a variety of ways to state-run programs with
performance issues. These include closely monitoring and assisting
such states, such as accompanying state staff during inspections
and providing additional training on how to document inspections.
OSHA has also drawn attention to poor state performance by
communicating its concerns to the governor and other high-level
state officials. In addition, OSHA has shared enforcement
responsibilities with struggling states or, as a last resort, has
resumed sole responsibility for federal enforcement when a state
has voluntarily withdrawn its program. Although OSHA evaluates
state-run programs during its annual reviews, GAO found that OSHA
does not hold states accountable for addressing issues in a timely
manner or establish time frames for when to resume federal
enforcement when necessary. In addition, the current statutory
framework may not permit OSHA to quickly resume concurrent
enforcement authority with the state when a state is struggling
with performance issues. As a result, a state's performance
problems can continue for years. OSHA officials acknowledged the
need for a mechanism that allows them to intervene more quickly in
such circumstances. GAO-13-320
General
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