Time and resources needed to comply with Lab Standard is justifiable

April 19, 1991
The Honorable John T. Myers
House of Representatives
[Recipient address omitted]
Dear Congressman Myers:
This is in further response to your letter of March 7, enclosing correspondence from your constituent, Mark Hermodson, regarding compliance with the Occupational Safety and Health Administration's (OSHA) "Occupational Exposures to Hazardous Chemicals in Laboratories" standard, commonly known as the Laboratory Standard.
Under the Occupational Safety and Health Act of 1970, OSHA's primary responsibility is to promulgate and enforce standards that ensure workers' safety and health. Each time a standard is to be promulgated, the public is invited to participate in the rulemaking process. Risk assessments as well as economic impacts of implementing the standards are considered by the Agency. Issues such as those raised by your constituent concerning the amount of time and resources needed for compliance with the standards are also addressed in the rulemaking process.
Specifically addressing your constituent's comments that "those rules are particularly obnoxious," we believe that potentially significant risks can exist in laboratories and the need for employee protection such as that afforded by the Laboratory Standard is clearly evident. Laboratories that do not implement work practices and procedures which are at least as effective as those prescribed by this standard may be risking employees' health and safety. After reviewing all relevant information and comments gathered during the rulemaking procedures, OSHA finds this standard necessary and feasible and not overly burdensome upon employers who have already implemented good work practices in their laboratories.
Mr. Hermodson's department has been fortunate in experiencing only three accidents in ten years. The low rate of injuries maybe due to good work practices already implemented in those laboratories. If that is the case, Mr. Hermodson should not have much difficulty in complying with the Laboratory Standard, which primarily focuses on safe work practices when using hazardous chemicals and allows a large measure of flexibility in compliance methods.
The Agency certainly does not intend to burden an employer with unnecessary paperwork or to cause a loss in productivity. There are benefits to be gained in complying with this standard. Given the flexibility to design and implement innovative measures to reduce employee exposure to hazardous substances, employers will reap rewards in terms of lower insurance premiums, lower property damage costs, lower turnover costs, less absenteeism, and in general increased productivity. Finally the potential decrease in acute and chronic health problems will result in overall benefits to society through the associated reduction in medical and productivity costs. The Agency believes knowledge of health and safety issues is essential and will enhance not impede the research and teaching of science.
In regard to the editorial you attached, federal agencies are required to operate their own safety and health programs for their employees. OSHA provides assistance upon request.
Please also note that the State of Indiana operates its own health and safety program and is not within Federal OSHA's jurisdiction. Its standards have to be at least as effective as the federal ones but may be stricter. We suggest that your constituent contact the State for further information. The address and phone number are as follows:

Indiana Department of Labor
1013 State Office Building
100 North Senate Avenue
Indianapolis, Indiana 46204-2287
317-232-2665

We thank you for bringing to our attention your constituent's comments. If we can be of further assistance, please do not hesitate to contact us again.
Sincerely,
Gerard F. Scannell
Assistant Secretary

[Requester letter reproduced on OSHA page; omitted here.]