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OPA News Release: [02/26/2004]
Contact Name: Bob Zachariasiewicz
Phone Number: (202) 693-4686

2005 Labor Budget Will Enhance Labor Law Enforcement, Protect Workforce Health and Security, Labor Officials Testify

WASHINGTON—U.S. Department of Labor (DOL) officials said today they will continue to focus on targeted enforcement and on compliance assistance to help employers understand and comply with U.S. labor laws. Five department officials discussed these and other priorities in the department’s proposed FY 2005 budget for worker protection agencies in a hearing before the House Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies.

Those testifying on behalf of DOL agencies were: Employment Standards Administration Assistant Secretary Victoria A. Lipnic; Deputy Under Secretary for International Labor Affairs Arnold Levine; Employee Benefits Security Administration Assistant Secretary Ann L. Combs; Mine Safety and Health Assistant Secretary Dave D. Lauriski; and Occupational Safety and Health Assistant Secretary John Henshaw.

Following are some highlights from their testimony:

Employment Standards Administration (ESA)

ESA’s Lipnic testified that the department’s budget request for ESA, DOL’s largest agency, is nearly $5.0 billion, including $527.6 million for administrative costs and $4.4 billion for workers’ compensation benefit costs.

ESA, which is responsible for administering laws governing wages and working conditions, will continue to focus on enforcement as well as compliance assistance. For example, funding for low-wage industry enforcement increases by $1.1 million and 12 full-time positions in order to expand the enforcement success the agency has had in targeting low-wage industries such as garment manufacturing, health, and agriculture, to other low-wage industries. This expanded approach will increase workplace protections for the most vulnerable workers.

The agency is committed to building on its recent record of success, including total back wages and overtime collected for workers. In FY 2003 total back wages collected increased 21 percent over FY 2002, representing an 11-year high. The number of workers who received back wages as a result of DOL investigations increased by nearly 30 percent over FY 2002, from 263,593 workers to 342,358.

Occupational Safety and Health Administration

Under the President’s proposed budget, enforcement remains a high priority for OSHA, which is responsible for enforcing federal workplace health and safety laws. OSHA has a budget request of $171 million for health and safety law enforcement. The FY 2005 budget maintains compliance safety and health officer strength at 1,123 and provides funding for all planned inspections.

Occupational Safety and Health Administrator John Henshaw testified that in FY 2003, OSHA conducted almost 40,000 inspections, an increase of more than 2,000 inspections over 2002 levels with more than half focused on high-hazard industries.

OSHA’s responsibilities under 14 various whistleblower statutes have expanded in recent years, especially with the addition of the Corporate and Criminal Fraud Accountability Act (Sarbanes-Oxley). The budget includes an additional $2 million to provide essential contract support to sustain the investigative effort and expertise needed to handle whistleblower investigations.

Mine Safety and Health Administration

MSHA’s FY 2005 budget request of $275.6 million will improve the agency’s ability to change the conditions and practices that lend themselves to injuries and fatalities, Assistant Secretary Lauriski told subcommittee members. Lauriski said the budget emphasizes a balanced approach to mine safety and health, supporting an effective blend of enforcement, technical support, and education and training, with compliance assistance as a common element of all three.

Fatalities in all mines decreased by 10 percent from FY 2002 to FY 2003, and by 27 percent between FY 2000 and FY 2003. In the last three fiscal years, MSHA’s total enforcement program site events, including inspections, investigations or compliance activities, increased by 16 percent. MSHA completed some 99 percent of planned inspections for coal mines between FY 2000 and FY 2003, and the inspection rate for metal and nonmetal mines jumped to 88 percent from 74 percent of required inspections during the same period.

Employee Benefits Security Administration

The budget includes $132 million for the Employee Benefits Security Administration (EBSA), an $8.3 million increase and 7 percent more than its FY 2004 budget. EBSA oversees more than six million private benefit plans with some $4.8 trillion in assets.

To complement this increase, the Administration will continue to press for enactment of the President’s retirement security plan, which will give workers better information on their retirement savings; increase access to investment advice; and provide more freedom to diversify investments, EBSA’s Combs said during testimony.

EBSA obtained more than $1.4 billion in record monetary results in 2003 through strong enforcement of the law that protects pension, 401(k) and health benefit plans and trusts.

International Labor Affairs

The Bush Administration has proposed a budget of $30 million in FY 2005 for the Bureau of International Labor Affairs (ILAB). The agency will use the funding for grants and other programs to continue to combat the worst forms of child labor and to help developing countries improve their labor laws and the enforcement of worker rights.

Levine noted that ILAB’s major mission is to ensure that all workers have the opportunity to enjoy greater economic security, share in the benefits of increased international trade and have safer and healthier workplaces. The agency also devotes funding to protect children from the worst forms of child labor abuses.

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