The Inception of an Occupational Safety and Health Administration (OSHA) Policy

John Henshaw was unaware of the profound impact he would have in 2001, when he played a pivotal role in managing the governmental reaction to the terrorist attacks on September 11th. At that time, he held the position of the Director of the U.S. Occupational Safety and Health Administration, responsible for overseeing the safety of rescue workers who were exposed to hazardous substances while working amidst the wreckage of the World Trade Center. During this period, he entered into a formal agreement with the four companies entrusted with the task of cleaning up the site.

OSHA shall refrain from imposing penalties upon companies found in violation of workplace health and safety regulations. Instead, the agency shall offer comprehensive guidance on expeditiously rectifying any identified issues, with the expectation that the companies promptly address and rectify the infractions.

The agreement reached on September 11th has prompted the Occupational Safety and Health Administration (OSHA) to establish an emergency-response policy. This policy aims to regulate the monitoring of the health and safety conditions of restoration workers involved in post-disaster cleanup efforts, such as those related to hurricanes, floods, and wildfires that have been exacerbated by the effects of climate change.

According to Henshaw, the approach adopted over several decades aimed to facilitate prompt solutions and safeguard the interests of workers. He opined that the suspension of OSHA's enforcement mandate would facilitate easy access for its inspectors to worksites and enhance transparency in the oversight process. Young Wheeler, the agency's emergency management director, suggested that immediate remedies could be implemented to protect workers instead of engaging in prolonged enforcement negotiations with companies.

Following the events of September 11th, the Occupational Safety and Health Administration (OSHA) deployed a total of 70 inspectors who were present on-site around the clock for a period of approximately 10 months during the compliance assistance phase. These inspectors closely monitored the activities of companies and provided recommendations for corrective measures that aligned with the agency's regulations pertaining to the use of protective equipment and the monitoring of hazardous substances.

The institutionalization of voluntary compliance was established through the implementation of OSHA's emergency management plan, authored by Henshaw in 2003. Subsequently, Hurricane Katrina struck Louisiana two years later, marking the inaugural implementation of the OSHA policy.

However, the circumstances that ensue after a climate-induced catastrophe contrast significantly from those resulting from a terrorist assault. Furthermore, Henshaw concedes that, during the formulation of the policy, he primarily considered calamities caused by human activities rather than hurricanes, floods, and wildfires.

A study conducted by Columbia Journalism Investigations and The Center for Public Integrity has revealed that workers involved in disaster-restoration activities are frequently exposed to carcinogenic and toxic substances during the process of clearing debris resulting from climate-induced catastrophes. These workers are often unaware of the risks involved and are not provided with adequate protection. The policy of the Occupational Safety and Health Administration (OSHA) leaves these workers vulnerable to hidden health hazards, while companies are able to circumvent regulations without fear of penalty, as discovered by CJI and Public Integrity.

In the year 2001, it was not a predetermined outcome that Ground Zero would become a contained area, measuring approximately 12 football fields in size. In stark contrast, the aftermath of Hurricane Katrina resulted in a widespread trail of devastation spanning across four states. The regional office of the Occupational Safety and Health Administration (OSHA) in Louisiana directed its attention towards Baton Rouge and New Orleans, the latter of which witnessed the destruction of no less than 134,000 structures.

According to Dean Wingo, the former deputy incident commander of the area, a limited number of inspectors, less than 50 in total, were tasked with overseeing numerous companies located in both cities. These inspectors diligently worked 12-hour shifts every day. However, this monitoring effort pales in comparison to the continuous and uninterrupted supervision implemented at Ground Zero.

The adoption of this policy during climate disasters has become a customary practice. According to agency records, OSHA has implemented this lenient policy in the aftermath of no less than eight hurricanes over the past two decades.