Masonry Magazine June 1996 Page. 10
OSHA Reform
By encouraging employees to go to their employer first instead of requiring the employee to call upon OSHA, this could foster the kind of cooperation that is crucial to creating a strong safety and health program. The bill maintains employee rights and allows still for employee appeal. Workplace related injuries and illnesses would be recordable if they require medical treatment other than first aid and involve at least one lost workday or five days of a restriction on work activity. In citing the general duty clause, OSHA as a watchdog agency, has been able to use this regulation as a "catch all" to cite employers when no violations of the agency's safety and health standards are found.
When reviewing some of these key areas of revision it becomes clear that the Ballenger bill is full of common sense and is not extreme at all. Many employers would argue that a provision should be added that holds the employee accountable for fines when it comes to safety on the job site. However, reaction by reform opponents to that type of provision would kill any hope of reform this year.
At this present time, Senate bill 1423, is awaiting action in the Senate and should come up for a vote by the end of the summer. In the House version the present OSHA reform bill has 155 co-sponsors for the present bill. To get his reform effort moving in the House, Congressman Ballenger may attempt to revise his present OSHA reform bill and focus on four specific areas to limit the agency's overbearing reach into the life of contractors.
The four possible categories for reform by Ballenger are Costs and Benefits of Standards, Penalty Reductions, Paperwork Violations, and Consultation Grant Programs. By reviewing the costs and benefits of regulations and weighing their burdens upon business you then assure business of eliminating the regulations that do not measure up. OSHA must waive the citation in full or a portion when the violation/citation is corrected within an appropriate time period. To mandate a reduction in government wide paperwork and the ability to reduce the paperwork rules. To cooperate and provide more grants for consultation by codification. Real OSHA reform must be enacted and remains an important issue for all contractors.
STRIKER REPLACEMENT
President Clinton issued an executive order prohibiting companies with federal contracts of more than $1,000,000 from permanently replacing employees who are on strike. In addition, the Department of Labor is investigating all companies that have hired permanent replacement workers to determine if they should be disbarred from receiving federal contracts.
Legislation was introduced by Rep. Ballenger (R-NC) and Rep. Bill Goodling (R-PA) in the House to nullify the striker replacement executive order. In the Senate, the Appropriations Committee attached striker language to Labor/HHS Appropriations. Senate Democrats filibustered the motion to proceed on Labor/HHS bill. With the recent federal court decision which overturned the striker executive order, it is likely that this provision will be removed from the bill.
MCAA members met with Congressman Cass Ballenger, Chairman of the Workforce Protection Committee to discuss Ballenger's new OSHA Reform bill. (from left to right are MCAA member Terry Mulligan, Congressman Ballenger, and MCAA members Fred Kinateder and Alan Griffin)
LABOR/HHS APPROPRIATIONS
In the Labor/HHS Appropriation (H.R. 2127) bill in the House of Representatives, several "riders" were included that would prohibit OSHA from spending any funds to research, study, or promulgate an ergonomics standard; prohibit the National Labor Relations Board from issuing any decisions on "salting" cases until the Supreme Court has
MCAA President Donald Grant (far right) and Terry Mulligan met with Deputy Whip Congressman Dennis Hastert (far left) and Majority Leader Dick Armey (second from left) to discuss OSHA reform.
10 MASONRY-MAY/JUNE, 1996