GovernmentAffairscontinuedfrom page 11NIOSHIf allowing an SH&E agency to notkeep up with inflation is troubling, beyondthe pale is the approximately $271million NIOSH would get in the proposedFY 2009 budget. That’s $110.9 millionless than what it received in FY <strong>2008</strong>.This proposal only further indicates thatthis administration has no problems seeingNIOSH dwindle.NIOSH is the only federal resource foroccupational safety and health research,which OSHA and MSHA are supposedto use to make important regulatory decisions.Cutting NIOSH funding devaluesNIOSH and the roles OSHA andMSHA are meant to play in workplacesafety and health.And it is the only federal resource fortraining dollars needed for future SH&Epr<strong>of</strong>essionals. <strong>ASSE</strong> recognizes notenough <strong>of</strong> these dollars go to safety,where the jobs are, and where companiesare recognizing the levels <strong>of</strong> capabilityin managing risks. With less moneyto go around and without a leader likeJohn Howard, correcting that inequitywill take longer and be more difficult.So, <strong>ASSE</strong> urged reinstating the $110.9million to the FY 2009 budget. Breakingeven would be a victory.Maybe more disturbing is the president’s77% proposal cut from Sept. 11,2001, healthcare programs from the FY<strong>2008</strong> amount <strong>of</strong> $108 million down to$25 million. This is money needed toaddress the unknown depths <strong>of</strong> healthproblems faced by first responders andothers following the Sept. 11, 2001 attacks.NIOSH was charged with the politicallydifficult job <strong>of</strong> managing the federal government’sresponse to their need. To<strong>ASSE</strong> though, after the futures <strong>of</strong> somany victims were met in the highly visibleand politically safe initial response tothe terrorist attack, not providing moneyfor an adquate response to address thepeople who became victims from respondingis an attempt to minimize responsibilityand push the problem <strong>of</strong>f to thenext administration. For people to receivehealthcare and to ensure that NIOSHcan help this nation better protect itself,NIOSH must have the funding to performthe necessary research for treatmentand health monitoring <strong>of</strong> thosewho were at ground zero, <strong>ASSE</strong> said.MSHAIn 2007, the mining industry had 64fatalities. The number <strong>of</strong> fatalities in <strong>2008</strong>is already higher than it was in 2007 atthis time. As <strong>of</strong> March 27, the year-todatecomparison <strong>of</strong> fatalities between<strong>2008</strong> and 2007 was 11 to 8. At a timewhen Congress is trying to pass morelegislation to add responsibilities MSHAhas not yet met under the MINER Act,the president proposed a $2 million cutfor the agency for FY 2009. Given thewell-recognized need for better trackingcommunications, improved mine rescueplans and higher standards for emergencypreparedness, MSHA will not beable to attain any improvement in minesafety if the funding is not available todevelop better standards. <strong>ASSE</strong> urged arestoration <strong>of</strong> FY <strong>2008</strong> funding levels, soMSHA could work vigilantly towardlowering the mining fatality rate.Funny MoneyAll this being said, Congress will haveits say. The process will drag out as longas possible, especially in an election year.In the big picture <strong>of</strong> Washington, DC,these amounts are small yet not immunefrom political posturing and protuberance.Capable, adequately staffed federalagencies advancing occupational safetyand health in workable ways has longbeen in the interest <strong>of</strong> <strong>ASSE</strong>’s members.Funny money proposals will not changethat interest.COLUMBIA SOUTHERN UNIVERSITYCOMPLETELY ONLINE DEGREESWHY CSU? OCCUPATIONAL SAFETY AND HEALTH (Fire Science Concentration) (EnvironmentalManagement Concentration)Get the latest <strong>ASSE</strong> newsin <strong>Society</strong> UpdateOTHER DEGREE AND CERTIFICATE PROGRAMS AVAILABLELearn How Your Employer Can Help You Receive: learningpartners@columbiasouthern.edu ORANGE BEACH, AL 36561<strong>ASSE</strong>’s e-newsletter is delivered to your e-mail address atthe beginning <strong>of</strong> each month to keep you informed onthe latest <strong>ASSE</strong> activities, resources and tools, and membermilestones and accomplishments.Check out the current issue today!www.asse.org/societyupdateRequest 11 at www.psads.info or http://prosafety.hotims.com/19750-1112 PROFESSIONAL SAFETY AUGUST <strong>2008</strong> www.asse.org
StandardsDevelopmentsHotlinksANSI<strong>American</strong> NationalStandards Institutewww.ansi.org<strong>ASSE</strong><strong>American</strong> <strong>Society</strong><strong>of</strong> <strong>Safety</strong> <strong>Engineers</strong>www.asse.orgASTMASTM Internationalwww.astm.orgCENEuropean Committeefor Standardizationwww.cenorm.beISOInternationalOrganization forStandardizationwww.iso.chJCAHOJoint Commissionon Accreditation<strong>of</strong> HealthcareOrganizationswww.jcaho.orgNFPANational FireProtection Assn.www.nfpa.orgNISTNational Institute<strong>of</strong> Standards andTechnologywww.nist.govSCCStandards Council<strong>of</strong> Canadawww.scc.caULUnderwritersLaboratories Inc.www.ul.comA Perspective on Regulations & Standardsfor <strong>Safety</strong> Pr<strong>of</strong>essionalsBy Earnest Harper, CSP, DABFE, DABFET, CFCRegulations are the minimum guidelines <strong>of</strong> what a company needs, yet they do not even scratch the surface<strong>of</strong> what is required to provide and maintain a safe work environment for employees. Proper deployment<strong>of</strong> applicable national voluntary consensus standards plays an important role in providing anotherlayer <strong>of</strong> actual safety and an additionalbarrier against punitive litigation forcompanies, products or services.U.S. regulations now reference morethan 6,000 private-sector standards.Voluntary consensus standards havebeen recognized for some time as a valuabletool that has improved regulatoryefficiencies and has helped reduce governmentprocurement costs while als<strong>of</strong>acilitating the alignment <strong>of</strong> regulatorycriteria across borders.This recognition has been helped byOMB Circular A-119 and the NationalTechnology Transfer and AdvancementAct (Public Law 104-113) policies as wellas the U.S. Chamber <strong>of</strong> Commerce’sFeb. 8, <strong>2008</strong>, release, which support thevalue and contributions <strong>of</strong> private-sector voluntary consensus standards.Earnest Harper, CSP, DABFE, DABFET,CFC, recently retired following a 40-yearcareer as Hewlett-Packard’s senior safetyand forensics engineer. Harper, an <strong>ASSE</strong>Fellow, is a retired naval <strong>of</strong>ficer and veteran.He has 20 years’ experience as an expertwitness; his areas <strong>of</strong> expertise include electricalsafety, major codes, product design,human factors engineering and accidentreconstruction. He is currently the sole proprietor<strong>of</strong> Industrial <strong>Safety</strong> ConsultingService, serves as <strong>ASSE</strong>’s Snake River ChapterPresident and is Region II ARVP <strong>of</strong> Pr<strong>of</strong>essionalAffairs. In addition, Harper helpedform the Region II quarterly newsletter, towhich he has contributed a number <strong>of</strong> technical papers.Agency regulations (e.g., mandatory codes such as OSHA, building, fire and electrical codes, maritime,state statutes and local ordinances) cannot codify every risk and frequently differ from private-sector voluntaryconsensus standards in specificity. This is one reason why OSHA must <strong>of</strong>ten rely on the GeneralDuty Clause [Section 5(a)(1)].While the same is true to a certain extent with national consensus standards, these <strong>of</strong>ten carry moredetails and usually reflect the latest views and agreements <strong>of</strong> domestic and international organizations ondesign, procedures, materials, testing and much more.Exceeding the scope and intent <strong>of</strong> agency-derived regulations can enhance safety when properly employedand can provide a buffer or leverage against legal action, including claims <strong>of</strong> negligence.Pro<strong>of</strong> <strong>of</strong> compliance with nationally recognized and voluntary consensus standards where doubtexists about compliance with a nonspecific, agency-derived regulation can provide legal teams andexpert witnesses with material for a strong defense. It should be noted that designers, manufacturers,users and interested parties, safety pr<strong>of</strong>essionals and regulatory bodies write and produce voluntary consensusstandards.After 40 years as a senior safety engineer with a Fortune 500 company, I find that many designers, engineersand process architects are not significantly motivated by government regulations as much as theyare impressed by the knowledge that on a national scale, many <strong>of</strong> their peers have taken part in writingconsensus standards.Few remain unconvinced <strong>of</strong> the need for compliance once they understand the relevance. Properadherence to standards also improves marketability <strong>of</strong> products and services across borders due to internationalmerging efforts.Contrary to some perceptions, the U.S. is one <strong>of</strong> the most self-regulated countries in the world, demonstrablythe most likely to correct its own mistakes and the first to help others while learning from thosemistakes. Today, no one seriously expects a Love Canal, Chernobyl or Bhopal event here, not even a ThreeMile Island, from which, metaphorically speaking, no one caught so much as a cold despite many humanerrors. Yet, it can be recognized that the potential for disasters <strong>of</strong> scale still exists. These are alwaystragedies in terms <strong>of</strong> lives or cost to those involved, yet they should rarely come as a surprise to the vigilantsafety pr<strong>of</strong>essional.Providing the safest possible working and living environment, products, buildings, industrial processesand an operational climate that is not only secure but efficient and enduring, means using all tools <strong>of</strong> thetrade—from credible risk and hazard assessments to problem focus and superior standards <strong>of</strong> care.For the safety pr<strong>of</strong>essional, this means integrating his/her brand <strong>of</strong> leadership into the world <strong>of</strong> subject-matterexperts and an arena <strong>of</strong> ideas <strong>of</strong>ten in conflict. Considering the breadth <strong>of</strong> our challenge fromthe entrepreneurs to all those throughout the creative chain, it should come as no surprise that the voluntaryconsensus standard has evolved to its present status and value. The beneficiaries are many, but theymay not know that a team <strong>of</strong> working pr<strong>of</strong>essionals has made things just that much better for havingraised the bar.www.asse.org AUGUST <strong>2008</strong> PROFESSIONAL SAFETY 13