Masonry Magazine June 1996 Page. 11
ruled on the issue; require OSHA to promulgate a new fall protection standard and in the interim, prohibit OSHA from enforcing any fall protection standard unless the height requirement referenced in the standard is increased from 6 feet to 16 feet; reduce by 33% funds available for OSHA to enforce federal safety and health standards and increase funds for OSHA compliance programs by 20%. Reduce the budget of the National Labor Relations Board (NLRB) by 30%; require four of the five members of the NLRB to issue an injunction against an employer for alleged unfair labor practices and
drop the prohibition against the use of helpers on Davis-Bacon projects. It is expected that the House of Representatives will include many of these same riders in its Fiscal Year 1997 Labor/HHS Appropriations. In the Senate, with the recent federal court decision overturning the striker executive order, it is likely that the Senate will remove the Labor/HHS Appropriations. Congress has the ability to revise and even eliminate programs if they are not funded through the appropriations process.
TEAM ACT
Both the House of Representatives and the U.S. Senate have bills that would remove restrictions in the National Labor Relations Act that prohibit the formation of employee involvement teams to discuss workplace issues, such as workplace safety and health. The House bill (H.R. 743) passed last fall. The Senate will include this legislation in the context of an OSHA reform bill. This legislation demonstrates the free enterprise mind set that the Republican majority has towards workers and employers. Only when both sides can sit down and discuss the concerns of employers and employees can mutual trust be developed.
REGULATORY FAIRNESS and REGULATORY FLEXIBILITY ACT AMENDMENTS
The House of Representatives and the U. S. Senate are considering major legislation that will provide relief in the area of regulations and interference in the work place. In the House, Congressman Thomas Ewing has introduced H.R. 3048 which would repeal the prohibition on judicial review under the Regulatory Flexibility Act (RFA) of 1980. H.R. 3048 will allow small business to take an agency to court to challenge its regulatory actions. It would also require agencies to conduct cost-benefit analysis for any regulation with an effect on the economy-big and small business alike of more than $ 50 million. The Regulatory Flexibility Act of 1980, was passed to make federal agencies consider the cost impact their regulations would have on small business before they go into effect and to minimize that impact wherever possible.
When a federal agency proposes a regulation, under the law it must publish an analysis of the regulation's economic impact on small business and solicit public input. However, there was no enforcement mechanism included in the law. As passed in 1980, judicial enforcement of the law was specifically prohibited. As a result, agencies disregard its provisions with impunity. If an agency head simply certifies that a regulation will have no significant economic impact on small business, the agency may ignore Reg-Flex. Agencies have used this loophole to avoid the intent of the RFA.
According to mason contractor Roy Swindal of Masonry Arts, Inc. in Bessemer, Alabama, "Every contractor, be it sub or general, should have the right as a business person and taxpayer to appeal any agency decision to a judicial review process. The only weapon a sub-contractor has is to appeal fines which can devastate a small business financially with the appeal process."