RegulatoryWatch: Distribution lists to be shared during recalls
In the past, FSIS could not release distribution lists to state and federal
agencies because that would have made the information public under the Freedom
of Information Act (FOIA). Under FOIA, once information is made public, it must
be released to anyone who requests it, including the general public and industry.
FSIS acted out of concern that firms would fight to withhold the information
if they believed it might become public. Under the new rule, release of this
information to state and federal government officials does not result in the
information being made public. In order to receive the distribution lists, state
agencies must provide a written statement verifying their authority to protect
the information from public disclosure, and state and federal agencies must
provide a written agreement stating that the information will not be disclosed
without the submitters’ permission.
“After reviewing the OSHA ergonomic plan outline, we are guardedly optimistic
that the federal government is taking a more common sense approach to avoiding
such injuries than earlier attempts,” said Clay Detlefsen, director of
environmental and worker safety issues for the International Dairy Foods Association.
Ergonomic measures are designed to prevent on-the-job employee injuries from
carpal tunnel syndrome, contact stress or repetitive motions in the workplace.
The rules have become a hot political issue since November 2000, when the Clinton
Administration issued broad ergonomic regulations placing new requirements on
employers. A coalition of business groups, including the U.S. Chamber of Commerce,
participated in the efforts to block implementation of the regulations, which
many considered too vague and cumbersome. Congress voided the Clinton Administration
regulations in early 2001. Until this recent OSHA announcement, it was unclear
whether OSHA would move forward with any ergonomic-related efforts.