Authored by: Linda Otaigbe

The Obama administration has requested an increase in funding for both the Occupational Safety and Health Administration (“OSHA”) and the Federal Mine Safety and Health Administration (“MSHA”) for fiscal year (“FY”) 2017. In the February 9, 2016 budget request, the administration proposes that OSHA receive $595 million in FY 2017, which would be an 8% increase over the agency’s 2016 budget and that MSHA receive $397.3 million for FY 2017, which would be a $21 million increase from 2016.  This request is very likely to be opposed by Congress, which cut the Obama administration’s similar FY 2016 spending requests for both agencies.

In its detailed proposal to Congress, the Department of Labor writes that the budget increase would allow OSHA to increase enforcement, through more inspections, and to expand compliance assistance to employers. OSHA proposes it will conduct 35,352 inspections in 2017, a 1,700 increase from the expected number in 2016.  In order to reach this goal, OSHA would have to fund 60 new enforcement positions in 2017.  With regards to whistle-blower programs, OSHA proposes spending $21.6 million in 2017 and adding 22 new positions in response to the increase in whistle-blower cases being filed with the agency.

OSHA also seeks $3.5 million for Voluntary Protection Programs (“VPPs”) activities, which would be the first time that the Obama administration has sought funding to cover such activities. The VPPs are initiatives that encourage management, labor organizations, employees, and OSHA to prevent workplace injuries and illnesses at worksites through cooperative agreements that focus on hazard prevention and control.  OSHA projects that in FY 2017 it will focus on issuing two final rules, a final rule on beryllium and a “burden-reducing rule” on additional Respirator Fit Test methods.

Among other items, MSHA is seeking $2.1 million to support the implementation and enforcement of the coal dust rule, roughly $650,000 to conduct impact inspections during off-shift hours, $350,000 to support enforcement activities in U.S. Territories, and $600,000 to provide for increased rulemaking activities.

The FY 2017 budget is currently pending approval from Congress. Follow our blog for future updates.

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Photo of Tressi L. Cordaro Tressi L. Cordaro

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state…

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state OSHA enforcement agencies.

Ms. Cordaro has advised employers faced with willful and serious citations as the result of catastrophic events and fatalities, including citations involving multi-million dollar penalties. Ms. Cordaro’s approach to representing an employer cited by OSHA is to seek an efficient resolution of contested citations, reserving litigation as the option if the client’s business objectives cannot otherwise be achieved. As a result, she has secured OSHA withdrawals of citations without the need for litigation.

Ms. Cordaro’s unique experience with government agencies involved in OSHA enforcement enables her to provide employers with especially insightful guidance as to how regulators view OSHA compliance obligations, and evaluate contested cases.

Ms. Cordaro served as the Presidentially-appointed Legal Counsel and Special Advisor to the past Chairman and Commissioner Horace A. Thompson, III at the U.S. Occupational Safety & Health Review Commission (OSHRC) in Washington, DC, the agency that adjudicates contested federal OSHA citations. As the Commissioner’s chief counsel, Ms. Cordaro analyzed all cases presented to the OSHRC and advocated the Commissioner’s position during decisional meetings.

In addition, Ms. Cordaro worked at the U.S. Department of Labor’s Occupational Safety & Health Administration developing OSHA standards, regulations and enforcement and compliance policies, with emphasis on the construction industry. She has in-depth experience on technical issues including, in particular, issues related to cranes and derricks in construction.