Former OSHA chief John Henshaw testifies

Mr. Henshaw testified several months ago that he did not know his daughter did asbestos litigation defense work at Chemrisk, where he began to be listed as a "teaming partner" in early 2005, soon after leaving OSHA. He says no one paid him to call OSHA officials about withdrawing the fact sheet, which he contends was "poorly written." Henshaw has never published anything in the peer-reviewed scientific literature, but he read it regularly during his 25 years at Monsanto before becoming the OSHA chief in 2001. (Deposition of John Henshaw in Blandford, Dec. 13, 2006)

Henshaw’s approach to his former subordinates at OSHA on a policy matter he was involved in as OSHA chief less than 2 years before may be a violation of the Federal Ethics Act. An examination of this case may suggest areas where the law should apply if it does not yet do so. I understand that the U.S. Office of Government Ethics has explained 18 U.S.C. § 207 as follows:

As an executive branch employee, you are barred permanently from trying to influence any Federal agency or court, by communications or appearances on behalf of someone other than yourself or the United States (i.e., "representational contacts"), on a matter that has parties (such as a contract, grant, or lawsuit), if you have worked on that matter as a Government employee. If the matter was under your official responsibility during your last year of Government service, even if you did not personally participate in it, you are barred from making representational contacts about that matter for two years.