2010-06-04 / Columns

Changing The Rules and Regulations

The intense and protracted debates about health care and financial reform have held center stage while the Obama administration has moved forward with federal agencies increasing and enforcing health and safety standards. In the past year, dozens of new regulations have been instituted , inspection staffs have been increased , and higher fines have been authorized in the following areas of our lives:

Energy and Environment
Food Safety
Worker Safety
Transportation
Mental Health Parity

In contrast with the eight George Bush years that called for voluntary compliance by industry, the new regulations are mandates that must be followed. Peter R. Orszag, director of the Office of Management and Budget stated the overall goal clearly and succinctly, “We start from the perspective that we all want a cleaner environment, longer lives, improved safety. Smart regulation can make people’s lives better off.” The National Association of Manufacturers is very unhappy, as spokeswoman Erin Streeter complained, “Dollars spent on compliance with cumbersome regulations are dollars not spent on hiring new employees.” Her criticism was answered by Inez Tenenbaum, chairwoman of the Consumer Product Safety Commission, “But if anything will help the marketplace, it is to make sure that people have confidence in the products that they buy.”

Here are some of the new regulations:

• Energy and the Environment:

Fuel Economy Standards. Final rule April 2010 – Automakers must reduce greenhouse gas emissions in all their vehicles and improve fuel economy by about five percent every year, reaching 35.5 miles a gallon by 2016, four years earlier than required by the current law.

Greenhouse Gases. Final rule October 2009 – The first federal requirement to report and monitor greenhouse gas emissions from about 10,000 industrial facilities making up 85 percent of such emissions in the United States.

• Food Safety:

Salmo nella and Eggs. F Mandates to prevent salmonella on eggshells during production, storage and transportation, including farmers’ refrigeration of eggs and rodent control to prevent about 79,000 illnesses a year.

• Worker Safety:

Crane Safety. Final rule expected this summer – Department of Labor will issue rule to combat fatal crane accidents, including a requirment that all operators of cranes be certified.

Combustible Dust. Proposed rule. October 2009 – Mandate factory limits on airborne particles of wood, coal, plastics or other substances that can ignite, causing fatal explosions.

Offshore Oil Rigs. Proposed rule. June 2009 – Musculoskeletal Injuries. Proposed rule, January 2010. Occupational Safety and Health Administration (OSHA) proposed that employers be required to keep records on injuries related to musculoskeletal disorders.

David Michaels, head of OSHA reported that the agency is adding dozens of inspectors. He has asked Congress to allow OSHA to impose larger fines and criminal penalties, if employers knowingly leave workers at risk. He said, “Fourteen workers die every day in preventable events all across the country. We have to turn up the volume to make it very clear that OSHA is on the job.”

• Transportation:

Roof Crush Standard. Final rule, May 2009– Doubles the current roof strength requirement for passenger cars and light trucks starting in 2012.

Stopping Distance for Trucks.</ ITAL 2009 – New tractor-trailers must be able to break from 60 m.p.h. to a complete stop within 250 feet, a 30 percent reduction and change that is estimated to prevent 227 deaths and 300 serious injuries annually.

Airline Passengers. Final rule, December 2009 – Airlines will be fined if they violate a three-hour limit on how long a domestic flight can sit on the tarmac.

• Mental Health Parity:

New rules issued by the Obama administration to enforce a 2008 law that requires equal insurance coverage for the treatment of mental and physical illnesses. The new rules are supported by the American Medical Association, the American Psychiatric Association and the House of Representatives Democrats. The goal of the law is to do away with discriminatory insurance practices often applied to coverage of treatment of mental health disorders and substance abuse. The Blue Cross and Blue Shield Association, and other insurers are lobbying the federal government to drop certain parts of the new rules. Some companies like Magellan Health Services, Aetna and ValueOptions do specialize in managing mental health benefits. However, they too have said the new rules would “hamstring” their ability to provide effective mental health benefits.

There will always be some controversy and resistance when the government imposes new rules and regulations. Toymakers challenged the law passed in 2008 that banned lead in all children’s products. Even after the Coal Mine catastrophe in West Virginia last month, mine owners argued against an increase in safety regulations. However, Peter Orszag defended the Obama administration’s new rules when he said that each new regulation was based on careful research and constructed to maximize the benefits and minimize the costs. With a touch of irony, he added, “If the assertion is that we are more willing to adopt policies that have benefits far in excess than cost, rather than being motivated by dogmatic opposition... then sure, guilty as charged.”

Joyce S. Anderson is the author of “Courage in High Heels,” “Flaw in the Tapestry,” “If Winter Comes” and “The Mermaids Singing.” She can be reached at JSAWrite@aol.com.

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