Masonry Magazine August 1995 Page. 24
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OSHA Reform
Allows certified individuals to conduct advisory safety and health reviews for employers. Allows employers who participate in the voluntary compliance program exemption from random OSHA inspections for up to one year following the review.
Regulatory Reform amends this act to include the regulatory impact, risk assessment and cost benefit reform measures already adopted this year. Requires that risk assessment and cost/benefit analysis be industry specific.
Removes "quota" mentality out of the penalty system, provides employers the opportunity to fix alleged safety and health violations prior to the issuance of a citation, specifies that if a violation is not corrected within a fixed time frame, a citation would be issued. Revamps the penalty system to eliminate arbitrary and subjective classifications. Eliminates penalties for posting and paperwork violations except where there is direct threat of injury or intent to mislead or deceive employees or OSHA. Bases penalties on an objective formula and relates penalties to the seriousness of any injuries caused by violations.
Adds fairness to inspection process, requires trained and experienced OSHA inspectors with knowledge of the industry or a clear understanding of the types of hazards under inspection. Requires employees who are aware of safety and health problems in the workplace to work with the employer to correct the problem. Codifies the "employee accountability" defense and provides that a citation may be vacated if employees can prove that alternative methods were equal or more effective than those required by OSHA. Encourages employers to conduct internal safety and health audits without penalty from OSHA.
Encourages the adoption of voluntary national standards for drug and alcohol testing.
With the committee process beginning in the House of Representatives, MCAA is working closely with the Educational and Employment subcommittee staff and recently organized a meeting of the ASC coalition contractors to meet with a staff member of the committee to review the House bill.
The consensus opinion after serious review is that the OSHA reform being presented in the House is excellent for the contractor.
In the U.S. Senate, Senator Judd Gregg of New Hampshire has introduced legislation to correct the problems facing OSHA. His Senate resolution #526 stresses employee participation, risk assessment, warning in lieu of services, consultation and services, and reduced fines to $25 for non-egregious penalties.
We will continue to review this process in both bodies of Congress as we expect a final new reform to be approved by the end of September. With a Presidential signature needed to approve this landmark legislation, it is