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1984-11 November IBEW Journal.pdf - International Brotherhood of ...

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Sf:1FETY TIPS<br />

for you and your family<br />

TODAY'S GREATEST HAZARD<br />

Dlle <strong>of</strong> the greatest hazards to the<br />

Am eri can worker today can be dum<br />

natcd this mOllln!<br />

Yes, many have not rccogmzcd the fact<br />

thaI one <strong>of</strong> the greatest hazards to the<br />

health and safelY <strong>of</strong> the u.s. wo rkers<br />

was the eJectton <strong>of</strong> Ronald Reagan four<br />

}'cars ago 35 prcslfJcllt <strong>of</strong> the United<br />

States. In the latc 19605 orgamzed b oor<br />

worked diligently to succeed In Obta lnllll\<br />

pas5:I.gc <strong>of</strong> thl' Occupational Safet), and<br />

Health Act (OSHA) " to assure safe ;and<br />

healthful workmg conditIOns fo r work­<br />

Ing men and women; by assisting and<br />

encouraging the states in their cHon s to<br />

assure safe nnd healthful working con<br />

dillons; by provldll\lol for research, mformatlon,<br />

educatIon, and nammg III the<br />

Acid <strong>of</strong> occupati onal sllfety and health,<br />

and for o ther purposes."<br />

The Act, as passed by Congress and<br />

Signed IntO law In 1970, states In ::'cctlon<br />

S{a) that " Each employer----l l l shall furnish<br />

[0 each <strong>of</strong> hIS employees employmcnt<br />

Jnd a p13ee <strong>of</strong> employment whIch<br />

arc free from recogntzed hazards that arc<br />

cauSing or arc iLkely to cause death or<br />

SCrt OUS phYSical harm to hIS employees"<br />

This Act sets up provisIOns for adoption<br />

<strong>of</strong> safety and health standards and<br />

prOVISions for their enforcement by the<br />

agency Enfon:cIIH:nt prOVISIOn!! spell OUt<br />

procedures for handltng worker compl<br />

llntS, unannounced Inspections by<br />

OSHA, r ll,1uons ag;nnst employers for<br />

" wilful, " "repeatcd, " "sen ous" or "other<br />

than senous" VIOlatIOns, monet:lry fines<br />

or penalties for such violations and re'<br />

qUlrcments fo r abatement <strong>of</strong> such II,I.!­<br />

lITds<br />

In the years from 1970 through 1980,<br />

OSHA continued to develop more and<br />

more safety and health standards to tn<strong>11</strong>)<br />

lement thIS law. PreS idents, <strong>11</strong>\ appOInt ·<br />

109 3SSlStant sccretan cs <strong>of</strong> Labor for<br />

OSHA, picked Indl\'lduals known for<br />

theIr background and knowledge in thIS<br />

field As e:'t3 mples, President Ford app€)Intcd<br />

Dr Monon Com and Presldrnl<br />

Carler appolllled Dr Eula BlIlghall\ 10<br />

thiS Import:lIlt POSt. These indiViduals<br />

....'erc well known for their pr<strong>of</strong>essIOnal<br />

3blilty and experllse In the Held <strong>of</strong> silfety<br />

:lnd he3hh.<br />

Dunng the 1980 election eamp1ugn,<br />

ROl\olld Reagan stoted that he belteved<br />

there wos " no need fo r OSHA," For Ihe<br />

16 I ISEW JOURNAL I NOVEMBER <strong>1984</strong><br />

fi rs! 41 motHhs <strong>of</strong> hiS admll1lSUaliOll,<br />

that phtlosophy has been IInplemerlted<br />

by many aCllons.<br />

Wtthm days <strong>of</strong> taking <strong>of</strong>fice. all regu<br />

lal10ns m process were frozen. B)' Execullve<br />

O rder. the Office <strong>of</strong> Management<br />

and Budget, a pan <strong>of</strong> the E.xcruuve Branch<br />

<strong>of</strong> goVe nlmClll, ...... dS JnOllltcd chIef fegulator,<br />

establtshlllg regulatory pnOTIIleS<br />

olnd acung as the gatekeeper <strong>of</strong> agency<br />

frgul:uory actions. All work at OS HA<br />

was stopped. Many standards and prae·<br />

IIce5 that had becn adopted 1Il the months<br />

pnor to thIS were blocked and ell her<br />

cance ll ed, postponed or weakem::d The<br />

n ght <strong>of</strong> an employee representallve to<br />

walk around With the OS HA Inspector<br />

without loss <strong>of</strong> pay wa .. cancelled. Rulemaking<br />

on new Standards for asbestos.<br />

benzene, cadlum, chromates and Illc kcl<br />

was aba ndoned. Instead the pnonlles<br />

became a program <strong>of</strong> wea kemng eXISlmg<br />

standllTds on lead, eotlon dust, heanng<br />

conservation, cancer poltcy and access<br />

to employee medical records<br />

Fortunately, the Supreme Court upSet<br />

their plans on cotton dust and lead by<br />

upholdmg the cXI"l lng standards. In more<br />

than three years, a ni)' one permanent<br />

standard has been Issued for a toXIC<br />

subslance, ethylene OX ide, and thaI came<br />

under a court order The ani), other final<br />

health standard Issued, the 1983 Hazard<br />

CommunICatiOns Sland:lrd regarding<br />

chemical hazard IIlformalion ,'xrllldcd<br />

75 pe rcent <strong>of</strong> the workforce and was<br />

primarily ilHended to preempt stmn~er<br />

stale " Tlght-ta·know" laws<br />

Instead <strong>of</strong> appolllUll/o; a person knowledgeable<br />

conceming safety and health to<br />

head thIS Important agency, PreSident<br />

Reagan appolilted Thome Auchter, ..<br />

eonstrucuon company executive fro m<br />

FlOrida who had been actI ve In Reagan's<br />

c:amp3lgn III Flonda Auchter appolntcd<br />

some speCIa l aSSIstants who also h3d no<br />

expeTl cnce III safety and health, but ....·ho<br />

also had been acttve III the Reagan cam<br />

pal,.:n<br />

The Occupational Safet y and Heal th<br />

ReView COIlUniSSlOn, sct up to rule O il<br />

3ppcals to OSHA Clt:ltIU1I5, had ol~ eh::m<br />

man a Repuhltcan who, while not alw3ys<br />

:Igreelllg with I3OOr, h:ld 0 bac kground <strong>of</strong><br />

w nr t'rn for safety and health as II representative<br />

<strong>of</strong> a large steel finn :lnd at -<br />

tempted 10 wnte faIT deCISIons. When<br />

hi " lime came lor re3ppOuttment, Reagan J<br />

kicked him out and appolllted Roben A<br />

Rowland, a Texas tax attorney, whose<br />

sale qualtficallon seems to be that he<br />

was vIce chaumall <strong>of</strong> Reagan 's Texas<br />

campaign In his first twO years on the<br />

Commission, he served with two <strong>of</strong> Pres­<br />

Ident Carter'S appointees. In that penod<br />

<strong>of</strong> time, Rowland, In ruling on appeals<br />

<strong>of</strong> OSHA citations and fine~ for Viola·<br />

lions <strong>of</strong> the Act, vuleJ ag.1ln~t OSHA III<br />

83 percenl <strong>of</strong> the cases heard. Fortunately,<br />

Ihe o ther twO comml)5 10ners dlslIgreed<br />

and supported OSHA III 72 percent<br />

<strong>of</strong> the cases. Late last year Commissioner<br />

Cottllle's term expired; and Reaga n appOInted<br />

E. Ross Buc kley, a former attorney<br />

lor Gulf UII Company, as hI S replacement.<br />

SlI\ce that lime Rowland upheld<br />

OSHA only once, and In that case downgraded<br />

the cltallon and penalty In the<br />

other three cases where OS HA was upheld,<br />

Rowland dlssenled. In the other<br />

cases heard, Rowland and Buckley ruled J<br />

3gamst OSHA<br />

I<br />

Earher thIS yeal Auchter re)lgned to<br />

become the head <strong>of</strong> a conStructiOIl company<br />

In Kansas City. The I'le)5 reported<br />

that In 198 1 Auchter had directed OSHA<br />

to drop sen ous Cita tIOns and over S 12,000<br />

In proposed fint''> :lgolIl1SI thiS company.<br />

Reagan, as soon as Congress recessed •<br />

for a poli tical convention, made a " recess<br />

aPPOintment" {thereb}' aVOiding the ne·<br />

cesslty <strong>of</strong> Senate approv31 until after the<br />

electlon) <strong>of</strong> Robert A. Rowl:tnd to SliC·<br />

ceed Auchter. The man who h3s cantin·<br />

ually voted against holJIU,!; cmploycrs<br />

responsible for safety and health IS now<br />

the head <strong>of</strong> OSHA!<br />

It I) 1\0 wonder Ihat the number <strong>of</strong><br />

actual inspections, the number <strong>of</strong> clla·<br />

tlons and the amount <strong>of</strong> penaltIes fpven<br />

fo r vIOla lions have all been droPPll1g<br />

drastically the last four years<br />

To allow the I:lw to work to protect ...<br />

workers' safety and health, our most<br />

Important move today IS to defeal Ronald<br />

Reagan thiS mo nth so thnt one who has<br />

always supported the OSHA program,<br />

Walter Mondale, Colli :tppolnt peopk to<br />

head thiS agency who be lieve III enforclllg<br />

the law and requITIng employers to pro· ~ .<br />

VIde every worker <strong>11</strong> safe and hea lthful<br />

workplilce

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