Bush Installs Ergo Rule Foe in Key DOL Post

Jan. 14, 2002
President Bush takes advantage of the Congressional recess to appoint the controversial Eugene Scalia to the post of solicitor of labor at the Department of Labor.

With Congress in recess, President George W. Bush took advantage of his power to bypass the Senate confirmation process, and made a "recess appointment" of Eugene Scalia, the controversial nominee who will be the new solicitor of labor at the Department of Labor (DOL). Regarded as the third highest position in the department, the solicitor is responsible for defending the Occupational Safety and Health Administration (OSHA) and DOL regulations in court, and usually has considerable influence over enforcement and regulatory policy.

Scalia''s nomination had been stuck in the Senate for months, largely because his outspoken and public opposition to the Clinton administration''s failed effort at ergonomics regulation provoked the opposition of organized labor as well as Senate Majority Leader Tom Daschle (D-S.D.). Last month Daschle predicted Scalia would be denied confirmation because he didn''t think Scalia "has the 60 votes that would be required for as controversial a nominee as he is."

The statement infuriated Republicans, who argued Daschle was being an obstructionist toward Scalia, a well-qualified nominee who had the support of most senators, and who fought the ergonomics rule, repealed by majorities in both houses of Congress last March.

The White House defended the Jan. 11 decision, saying it was forced to bypass the Senate because Democrats denied Scalia a vote in the full Senate, even though the nominee had won committee approval.

Republicans and employer groups were overjoyed at Bush''s move, but the recess appointment is likely to sour his relations with Democrats and could provoke further partisan wrangling over labor issues. The administration has still not announced its promised, but long-delayed, new comprehensive approach toward ergonomics.

Daschle called the recess appointment "regrettable."

Pat Cleary, senior vice president for the National Association of Manufactures disagreed. "The delay on his nomination had gone on more than long enough, and we are pleased that President Bush took matters into his own hands so that Scalia can get down to work immediately," he said.

While the recess appointment allows Scalia to begin work at once, it also means he is only assured of staying in office until the end of the upcoming congressional session, probably sometime in October.

Scalia, the son of Supreme Court Justice Antonin Scalia, is a prominent conservative labor lawyer who represented employer groups that opposed the Clinton administration''s ill-fated ergonomics regulation. In his writings he once attacked the science underling the rule as "quackery" and "junk science."

"It is a slap in the face of American workers for President Bush to recess appoint Eugene Scalia, an outspoken opponent of ergonomics and other worker protections," said John Sweeney, president of the AFL-CIO.

Organized labor vowed to watch closely DOL''s future enforcement of workplace safety rules and other worker protections. Sweeney noted that during his confirmation Scalia vowed to enforce the law vigorously on behalf of American workers.

"We hope he spoke the truth," said Sweeney. "Only time will tell."

by James Nash

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

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