Guest guest Posted August 12, 2006 Report Posted August 12, 2006 Two republicans in Washington want the US to have most out-of-date occupational safety and health standards in the world. Rep. Charlie Norwood (R-Ga.) has introduced bill HR 5554 and Sen Enzi (R-Wyo) has introduced SB 2066 forcing OSHA to stop using " non-consensus " standard. These bills are particularly target the ACGIH TLVs. which OSHA references under the Hazard COmmunication standard. These bills would make it illegal for OSHA to use the ACGIH TLVs and would forbid OSHA and employers from making employees aware of the current Standards. These bills would make the US THE ONLY Country in the world with 40 year old employee exposure standards and would BAN informing employees of more recent information. ALL 52 other industrialized nations have more up to date exposure standards than the US right now!! More censorship of the truth by the right wing business controlled Bush administration. (FMI see current issue of the Synergist p. 27) Please contact you representative and these two business sell outs and let them know what you think about " unprotecting " american workers. Bob Quote
Guest guest Posted August 12, 2006 Report Posted August 12, 2006 Bob: I generally agreed with your position and statements, until you went off with: " More censorship of the truth by the right wing business controlled Bush administration. " Based on this statement, I am assuming you are a left-wing socialist Democrat! Both extremes are bad, and your tirade against the Bush administration is ugly. I personally would rather have a right-wing Republican business-controlled government, than a left-wing Democrat-controlled government that taxes and spends, restricts personal freedoms, and chokes the economy to such a standstill that the quality of life for everyone suffers - example: France. Of course, something more moderate and middle-ground would be better. OSHA got slammed when our Republican-controlled government rolled back PELs to 1970 concentrations. It was BS! And I agree that the U.S. is far behind other industrialized nations in protecting our worker's health with lower exposure criteria; especially when presented with compelling data to suggest the lower PELs have merit. Then again, I live in a Democrat-controlled state where they lowered exposure limits across-the-board by moving the decimal point several places to the right, without any compelling data to substantiate it...all in the " interest " of protecting workers. Both situations stink! I believe there is merit to the bills sponsored by Norwood and Enzi, and I hope that merit will allow, or compel, OSHA to move more quickly to up-date its standards and PELs. I believe OSHA has become a bit complacent because it could piggy-back onto other standards, e.g., ACGIH, NIOSH, etc. These bills disallow the piggy-back. I believe where we should REALLY focus our efforts is telling our elected representatives that the reasons/data the industry-sponsored lobbyists will use to argue against lowering OSHAs PELs are similar to the reasons/data used by the Detroit automakers in 1970 when they said that cars cannot be made lighter in weight and more fuel efficient. It was BS then, it is BS now. However, to say that these Bills represent " censorship of the truth " ....that is also BS. For what it is worth.... -- Geyer, PE, CIH, CSP President KERNTEC Industries, Inc. Bakersfield, California www.kerntecindustries.com > Two republicans in Washington want the US to have most out-of-date > occupational safety and health standards in the world. > > Rep. Charlie Norwood (R-Ga.) has introduced bill HR 5554 and Sen > Enzi (R-Wyo) has introduced SB 2066 forcing OSHA to stop > using " non-consensus " standard. > > These bills are particularly target the ACGIH TLVs. which OSHA > references under the Hazard COmmunication standard. These bills would > make it illegal for OSHA to use the ACGIH TLVs and would > forbid OSHA and employers from making employees aware of the current > Standards. > > These bills would make the US THE ONLY Country in the world with 40 > year old employee exposure standards and would BAN informing employees > of more recent information. ALL 52 other industrialized nations have > more up to date exposure standards than the US right now!! > > More censorship of the truth by the right wing business controlled Bush > administration. > > (FMI see current issue of the Synergist p. 27) > > Please contact you representative and these two business sell outs and > let them know what you think about " unprotecting " american workers. > > > Bob > > > > > > > FAIR USE NOTICE: > > This site contains copyrighted material the use of which has not always been > specifically authorized by the copyright owner. We are making such material > available in our efforts to advance understanding of environmental, political, > human rights, economic, democracy, scientific, and social justice issues, etc. > We believe this constitutes a 'fair use' of any such copyrighted material as > provided for in section 107 of the US Copyright Law. In accordance with Title > 17 U.S.C. Section 107, the material on this site is distributed without profit > to those who have expressed a prior interest in receiving the included > information for research and educational purposes. For more information go to: > http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted > material from this site for purposes of your own that go beyond 'fair use', > you must obtain permission from the copyright owner. > Quote
Guest guest Posted August 12, 2006 Report Posted August 12, 2006 Bob, I thought the proposed legislation was to make rulemaking more transparent. As I understand the bill the govt. will not be permitted to use any standards as set for private use by any non-governmental organization UNLESS there have been adequate public hearings and reliable government examination to the satisfaction of the Secretary. While the ACGIH is known to be expertly opinionated on many hazards the bill seems to be saying it is the government's exclusive responsibility to study and promulgate much like the FDA and EPA do in their exclusive arenas. I'm not sure it is a good thing to allow any private organization to speak for the government which is what would be happening if OSHA took blindly any set of non certified standards from a private organization such as ACGIH even though they may be feeling they are working in public's best interest. Anyway, there seems little chance the bills will be heard or come to a vote during this Congress. I believe that means they expire and would have to be reintroduced into the next Congress after February 2007. Here's the proposed bill that seems to me to provide considerable transparency and fairness. Just an opinion... Ken Gibala ================================ SEC. 2 ADOPTION OF NONGOVERNMENTAL STANDARDS UNDER THE OCCUPATIONAL HEALTH AND SAFETY ACT.(a) Adoption by OSHA- The Occupational Health and Safety Act of 1970 (29 U.S.C. 651 et seq.) is amended by adding after section 6 the following:`ADOPTION OF NONGOVERNMENTAL STANDARDS`Sec. 6A. (a) Effective on the date of enactment of this section, the Secretary shall not promulgate or incorporate by reference any finding, guideline, standard, limit, rule, or regulation based on a determination reached by any organization, unless the Secretary affirmatively finds that such determination--`(1) has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption;`(2) was formulated in a manner which afforded an opportunity for diverse views to be considered; and`(3) has been designated as such a standard by the Secretary, after consultation with other appropriate Federal agencies.Such finding and a summary of its basis shall be published in the Federal Register and shall be considered a final action subject to review by a United States District Court in accordance with section 706 of title 5, United States Code.`( With respect to rulemaking proceedings initiated by the Secretary but not finalized prior to the date of enactment of this section, the Secretary shall, within 180 days of the date of enactment of this section, investigate and identify the use of, influence of, or reliance upon any finding, guideline, standard, limit or any other recommendation that has not been made by an organization and procedure that does not comply with the requirements set forth in subsection (a). The Secretary shall publish the results of such investigations in the Federal Register and, in any final rule, standard, or official recommendation that is prescribed under such proceedings, shall not incorporate, use, or rely upon any finding, guideline, standard, limit, or other recommendation that does not comply with the requirements set forth in subsection (a). The Secretary's actions under this section shall be subject to review by a United States district court of appropriate jurisdiction.'.( Approval of State Plans- Section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667) is amended by adding at the end the following:`(i) The Secretary shall not approve a State plan under this section that incorporates by reference any finding, guideline, standard, limit, rule, or regulation based on a determination reached by any organization, unless the Secretary determines that the standards adopted in such plan are standards that--`(1) have been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the State that persons interested and affected by the scope or provisions of such standards have reached substantial agreement on their adoption; and`(2) were formulated in a manner which afforded an opportunity for diverse views to be considered.'. ============================= Re: The US takes another step backwards!! Two republicans in Washington want the US to have most out-of-date occupational safety and health standards in the world.Rep. Charlie Norwood (R-Ga.) has introduced bill HR 5554 and Sen Enzi (R-Wyo) has introduced SB 2066 forcing OSHA to stop using "non-consensus" standard.These bills are particularly target the ACGIH TLVs. which OSHA references under the Hazard COmmunication standard. These bills would make it illegal for OSHA to use the ACGIH TLVs and wouldforbid OSHA and employers from making employees aware of the current Standards.These bills would make the US THE ONLY Country in the world with 40 year old employee exposure standards and would BAN informing employees of more recent information. ALL 52 other industrialized nations have more up to date exposure standards than the US right now!!More censorship of the truth by the right wing business controlled Bush administration.(FMI see current issue of the Synergist p. 27)Please contact you representative and these two business sell outs and let them know what you think about "unprotecting" american workers.Bob . Quote
Guest guest Posted August 12, 2006 Report Posted August 12, 2006 Are these standards for mold, toxic chemicals, or both? > Two republicans in Washington want the US to have most out-of-date > occupational safety and health standards in the world. > > Rep. Charlie Norwood (R-Ga.) has introduced bill HR 5554 and Sen > Enzi (R-Wyo) has introduced SB 2066 forcing OSHA to stop > using " non-consensus " standard. > > These bills are particularly target the ACGIH TLVs. which OSHA > references under the Hazard COmmunication standard. These bills would > make it illegal for OSHA to use the ACGIH TLVs and would > forbid OSHA and employers from making employees aware of the current > Standards. > > These bills would make the US THE ONLY Country in the world with 40 > year old employee exposure standards and would BAN informing employees > of more recent information. ALL 52 other industrialized nations have > more up to date exposure standards than the US right now!! > > More censorship of the truth by the right wing business controlled Bush > administration. > > (FMI see current issue of the Synergist p. 27) > > Please contact you representative and these two business sell outs and > let them know what you think about " unprotecting " american workers. > > > Bob > > > > > > > FAIR USE NOTICE: > > This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. > Quote
Guest guest Posted August 13, 2006 Report Posted August 13, 2006 The following is the HR 5554. I don't see how the law prevents the secretary from incorporating the ACGIH levels, however they are not law now. This legislation is to prevent the endless posting by OSHA of their " Clarifications " enacted as law, which I am torn about. Ot does not make these things " illegal " if they weren't " legal and enforceable law " anyway. I think the synergists went off on the usualy anti Republican drum beating. Politicizing ANY issue and labeling as either the " right " or Left " having moral high ground in this area of E, H, & S, is not very honest. Remember, it was Al Bore and Carol Browner who de-emphasized asbestos. I do have the Memo of then Administrator Browner stating " Asbestos is a problem of the past " , and all the while ignoring the Libby Mine problems. Yes that is right, Ms. Browner ignored the Libby problem. So as you see, in the EH & S field we have NO political friends. 109th CONGRESS 2d Session H. R. 5554 To amend the Occupational Safety and Health Act of 1970 and the Federal Mine Safety and Health Act of 1977 to prohibit the promulgation of safety and health standards that do not meet certain requirements for national consensus standards. IN THE HOUSE OF REPRESENTATIVES June 8, 2006 Mr. NORWOOD (for himself, Mrs. MILLER of Michigan, Mr. WICKER, and Mr. TIAHRT) introduced the following bill; which was referred to the Committee on Education and the Workforce --------------------------------------------------------------------- ----------- A BILL To amend the Occupational Safety and Health Act of 1970 and the Federal Mine Safety and Health Act of 1977 to prohibit the promulgation of safety and health standards that do not meet certain requirements for national consensus standards. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Workplace Safety and Health Transparency Act of 2006'. SEC. 2. ADOPTION OF NONGOVERNMENTAL STANDARDS UNDER THE OCCUPATIONAL HEALTH AND SAFETY ACT. (a) Adoption by OSHA- The Occupational Health and Safety Act of 1970 (29 U.S.C. 651 et seq.) is amended by adding after section 6 the following: `ADOPTION OF NONGOVERNMENTAL STANDARDS `Sec. 6A. (a) Effective on the date of enactment of this section, the Secretary shall not promulgate or incorporate by reference any finding, guideline, standard, limit, rule, or regulation based on a determination reached by any organization, unless the Secretary affirmatively finds that such determination-- `(1) has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption; `(2) was formulated in a manner which afforded an opportunity for diverse views to be considered; and `(3) has been designated as such a standard by the Secretary, after consultation with other appropriate Federal agencies. Such finding and a summary of its basis shall be published in the Federal Register and shall be considered a final action subject to review by a United States District Court in accordance with section 706 of title 5, United States Code. `( With respect to rulemaking proceedings initiated by the Secretary but not finalized prior to the date of enactment of this section, the Secretary shall, within 180 days of the date of enactment of this section, investigate and identify the use of, influence of, or reliance upon any finding, guideline, standard, limit or any other recommendation that has not been made by an organization and procedure that does not comply with the requirements set forth in subsection (a). The Secretary shall publish the results of such investigations in the Federal Register and, in any final rule, standard, or official recommendation that is prescribed under such proceedings, shall not incorporate, use, or rely upon any finding, guideline, standard, limit, or other recommendation that does not comply with the requirements set forth in subsection (a). The Secretary's actions under this section shall be subject to review by a United States district court of appropriate jurisdiction.'. ( Approval of State Plans- Section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667) is amended by adding at the end the following: `(i) The Secretary shall not approve a State plan under this section that incorporates by reference any finding, guideline, standard, limit, rule, or regulation based on a determination reached by any organization, unless the Secretary determines that the standards adopted in such plan are standards that-- `(1) have been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the State that persons interested and affected by the scope or provisions of such standards have reached substantial agreement on their adoption; and `(2) were formulated in a manner which afforded an opportunity for diverse views to be considered.'. SEC. 3. ADOPTION OF NONGOVERNMENTAL STANDARDS UNDER THE FEDERAL MINE SAFETY AND HEALTH ACT. Section 101 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 811) is amended by adding at the end the following: `(f)(1) Effective on the date of enactment of this section, the Secretary shall not promulgate or incorporate by reference any finding, guideline, standard, limit, rule, or regulation based on a determination reached by any organization, unless the Secretary affirmatively finds that such determination-- `(A) has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption; `( was formulated in a manner which afforded an opportunity for diverse views to be considered; and `© has been designated as such a standard by the Secretary, after consultation with other appropriate Federal agencies. Such finding and a summary of its basis shall be published in the Federal Register and shall be considered a final action subject to review by a United States District Court in accordance with section 706 of title 5, United States Code. `(2) With respect to rulemaking proceedings initiated by the Secretary but not finalized prior to the date of enactment of this subsection, the Secretary shall, within 180 days of the date of enactment of this subsection, investigate and identify the use of, influence of, or reliance upon any finding, guideline, standard, limit or any other recommendation that has not been made by an organization and procedure that does not comply with the requirements of paragraph (1). The Secretary shall publish the results of such investigations in the Federal Register and, in any final rule, standard, or recommendation that is prescribed under such proceedings, shall not incorporate, use, or rely upon any finding, guideline, standard, limit, or other official recommendation that does not comply with the requirements of paragraph (1). The Secretary's actions under this section shall be subject to review by a United States district court of appropriate jurisdiction.'. Quote
Guest guest Posted August 13, 2006 Report Posted August 13, 2006 Ken, If you reading the legislative history of OSHA in promulgating exposure standards and then court delays from industry it takes 3 -5 year per chemical at best. Given this history, it would take OSHA 900 x 5 = 4500 years to just catch up to the German OELs. (This is not my opinion, you can find this comment in the legislative record to the 1992 attempt to update the PELs.) To catch up to all of the OELs worldwide would take 5,550 x 5 or some 25,000 years. I think the US has to start thinking like the rest of the world and believe the experts when it comes to toxicology. EVERY other nation (some 50) that has laws regarding OELs use the ACGIH TLVs as the foundation. The oldest OELs of any other countries dates to 2003. The US has the most out of date OELs of any nation. Yes, we are behind the rest of the old in OELs and many other areas. Don't forget the more sick workers the more money the medical establishment makes. (and if the workers die before 62, then they don't get SS.) There are reasons why Japan and France have a long life expectancy then the US. Bob Quote
Guest guest Posted August 13, 2006 Report Posted August 13, 2006 Live Simply, The AIHA article specifically states the attack is on the ACGIH TLVs. Bob Quote
Guest guest Posted August 14, 2006 Report Posted August 14, 2006 Note: Over the past 4 years or so there was a joint group (effectively a FACA - Federal Advisory Committee) made up of labor, big business, OSHA, NIOSH, etc. that was looking to update the PELS in a more rapid manner. This was not publicized. This was very close to succeeding (eg Taking the new TLVs and WEELs or other valid OELs). UAW, AFLCIO, DOW, DuPont, Kodak, etc. as was OSHA and NIOSH; and AIHA and ACGIH of course were in support. It was crushed when the US Chamber (on behalf of small businesses) put the hammer down saying they refused to go along. It was clear to me that the big companies do want more up to date limits - and I know some involved in that group that pushed very hard to lower the limits. Look at the internal limits for DOW, BP, Exxon, DuPont, Ashland, Huntsman, GE, Dow Corning, Rhom & Hass, Kodak, FMC, Rhodia, pharma companies, etc. - they use the TLVs, WEELs, MAKs or a fraction thereof - and they do this in other countries where no regs require it. As for California. CAL OSHA is begginning to look at a more science based system (thanks in part to Len Welsh) and is now in the developmental stages of forming a true PEL board to create these limits properly DHS on the other hand is still far from understanding how to scientifically create and properly support a limit. I'll be quite now, before I get in trouble as I have pending things involving these actions. Tony ........................................................................... " Tony " Havics, CHMM, CIH, PE pH2, LLC PO Box 34140 Indianapolis, IN 46234 cell 90% of Risk Management is knowing where to place the decimal point...any consultant can give you the other 10%â„ This message is from pH2. This message and any attachments may contain legally privileged or confidential information, and are intended only for the individual or entity identified above as the addressee. If you are not the addressee, or if this message has been addressed to you in error, you are not authorized to read, copy, or distribute this message and any attachments, and we ask that you please delete this message and attachments (including all copies) and notify the sender by return e-mail or by phone at . Delivery of this message and any attachments to any person other than the intended recipient(s) is not intended in any way to waive confidentiality or a privilege. All personal messages express views only of the sender, which are not to be attributed to pH2 and may not be copied or distributed without this statement. Re: The US takes another step backwards!! Bob: I generally agreed with your position and statements, until you went off with: " More censorship of the truth by the right wing business controlled Bush administration. " Based on this statement, I am assuming you are a left-wing socialist Democrat! Both extremes are bad, and your tirade against the Bush administration is ugly. I personally would rather have a right-wing Republican business-controlled government, than a left-wing Democrat-controlled government that taxes and spends, restricts personal freedoms, and chokes the economy to such a standstill that the quality of life for everyone suffers - example: France. Of course, something more moderate and middle-ground would be better. OSHA got slammed when our Republican-controlled government rolled back PELs to 1970 concentrations. It was BS! And I agree that the U.S. is far behind other industrialized nations in protecting our worker's health with lower exposure criteria; especially when presented with compelling data to suggest the lower PELs have merit. Then again, I live in a Democrat-controlled state where they lowered exposure limits across-the-board by moving the decimal point several places to the right, without any compelling data to substantiate it...all in the " interest " of protecting workers. Both situations stink! I believe there is merit to the bills sponsored by Norwood and Enzi, and I hope that merit will allow, or compel, OSHA to move more quickly to up-date its standards and PELs. I believe OSHA has become a bit complacent because it could piggy-back onto other standards, e.g., ACGIH, NIOSH, etc. These bills disallow the piggy-back. I believe where we should REALLY focus our efforts is telling our elected representatives that the reasons/data the industry-sponsored lobbyists will use to argue against lowering OSHAs PELs are similar to the reasons/data used by the Detroit automakers in 1970 when they said that cars cannot be made lighter in weight and more fuel efficient. It was BS then, it is BS now. However, to say that these Bills represent " censorship of the truth " ....that is also BS. For what it is worth.... -- Geyer, PE, CIH, CSP President KERNTEC Industries, Inc. Bakersfield, California www.kerntecindustries.com > Two republicans in Washington want the US to have most out-of-date > occupational safety and health standards in the world. > > Rep. Charlie Norwood (R-Ga.) has introduced bill HR 5554 and Sen > Enzi (R-Wyo) has introduced SB 2066 forcing OSHA to stop > using " non-consensus " standard. > > These bills are particularly target the ACGIH TLVs. which OSHA > references under the Hazard COmmunication standard. These bills would > make it illegal for OSHA to use the ACGIH TLVs and would forbid OSHA > and employers from making employees aware of the current Standards. > > These bills would make the US THE ONLY Country in the world with 40 > year old employee exposure standards and would BAN informing > employees of more recent information. ALL 52 other industrialized > nations have more up to date exposure standards than the US right > now!! > > More censorship of the truth by the right wing business controlled > Bush administration. > > (FMI see current issue of the Synergist p. 27) > > Please contact you representative and these two business sell outs and > let them know what you think about " unprotecting " american workers. > > > Bob > > > > > > > FAIR USE NOTICE: > > This site contains copyrighted material the use of which has not > always been specifically authorized by the copyright owner. We are > making such material available in our efforts to advance understanding > of environmental, political, human rights, economic, democracy, > scientific, and social justice issues, etc. We believe this > constitutes a 'fair use' of any such copyrighted material as provided > for in section 107 of the US Copyright Law. In accordance with Title > 17 U.S.C. Section 107, the material on this site is distributed > without profit to those who have expressed a prior interest in > receiving the included information for research and educational > purposes. For more information go to: > http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use > copyrighted material from this site for purposes of your own that go > beyond 'fair use', you must obtain permission from the copyright > owner. Quote
Guest guest Posted August 14, 2006 Report Posted August 14, 2006 The other issue in this that we waltz around is " knowing " just whom the employee is. Yes, the " undocumented " worker. How do we track exposure to 25%-30% of a workforce that we cannot coorelate their SSN or ID numbers and names, as they change them? It is kind of like we are just writing them off, and hoping it comes out in the wash. I think we are going to have a blossoming of occupational illness and injury in the undocumented community, just as we have seen the uptick in asbestos related death and illness. If you cannot regulate and compy with something as simple as asbestos regulations, what hope do we have for more comples ones? Quote
Guest guest Posted August 14, 2006 Report Posted August 14, 2006 Dana: Yes, I agree that there are some employers who hire undocumented workers, and there are some employers that don’t give a damn regarding employee exposure - documented or undocumented. However, I know of quite a few employers that hire workers with questionable SSNs, and they take darn good care of their workers! Because, when OSHA shows up at the gate, OSHA doesn’t care if the worker is an undocumented person or full-blooded American. If the employer is negligently exposing a worker to an unsafe condition that is against the law, OSHA is going to slam that employer with a fine. I see it all the time. And if the employer whines that the person is undocumented and doesn’t deserve the same protections (believe it or not, I have actually seen this happen), then the OSHA inspector is going to turn that company upside-down and inside-out with an audit. This said, the undocumented are also taking a lot of dangerous jobs in small construction projects and small trades that get under the radar, and these folks are being injured and harmed. And I agree with you, we will see a blossoming of occupational illnesses and injury in the undocumented community. If our Government can get some reasonable immigration reform passed, and provide for the Guest Worker program, then hopefully these injuries and illnesses will subside in this class of worker. It is good for the worker, it is good for the community. For what it is worth.... -- Geyer, PE, CIH, CSP President KERNTEC Industries, Inc. Bakersfield, California www.kerntecindustries.com The other issue in this that we waltz around is " knowing " just whom the employee is. Yes, the " undocumented " worker. How do we track exposure to 25%-30% of a workforce that we cannot coorelate their SSN or ID numbers and names, as they change them? It is kind of like we are just writing them off, and hoping it comes out in the wash. I think we are going to have a blossoming of occupational illness and injury in the undocumented community, just as we have seen the uptick in asbestos related death and illness. If you cannot regulate and compy with something as simple as asbestos regulations, what hope do we have for more comples ones? Quote
Guest guest Posted August 16, 2006 Report Posted August 16, 2006 Ken & others, In my former life as a consultant for 13 years with Halliburton, I helped promulgate rules for DoD, DOE, and OSHA. So I feel I can speak with some confidence here that this law VERY CLEARLY is intended to make sure that science (such as TLVs) does not get promulgated as a rule without industry AGREEING (not just commenting) on the rule. If anyone is saying " this is about transparency " , they are doing what's called political spin, there's no question in my mind about it after reading the proposed law Ken graciously included in his post. This law even comes right out and says it, but with code words perhaps the general public could miss (and be mislead about by politicians who want to get it slipped by on behalf of their paying constituency). It says that " the Secretary [of OSHA] shall not promulgate or incorporate by reference anything " unless the Secretary has determined that " persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption. " If the intent was transparency, they would have said the Secretary can't promulgate anything without " adequate notification of the public " or " adequate public involvement in the process " or other key words of that nature. " Persons interested in and affected by the scope " is code for " industry that is going to bear the costs of increased regulation. " That's just the way it is. Make up your own mind whether it's a good or bad idea; just don't be lulled by political doublespeak. M. Cavanaugh, CIH Blue Ridge Industrial Hygiene, Inc. > > Bob, > > I thought the proposed legislation was to make rulemaking more transparent. As I understand the bill the govt. will not be permitted to use any standards as set for private use by any non- governmental organization UNLESS there have been adequate public hearings and reliable government examination to the satisfaction of the Secretary. While the ACGIH is known to be expertly opinionated on many hazards the bill seems to be saying it is the government's exclusive responsibility to study and promulgate much like the FDA and EPA do in their exclusive arenas. I'm not sure it is a good thing to allow any private organization to speak for the government which is what would be happening if OSHA took blindly any set of non certified standards from a private organization such as ACGIH even though they may be feeling they are working in public's best interest. > > Anyway, there seems little chance the bills will be heard or come to a vote during this Congress. I believe that means they expire and would have to be reintroduced into the next Congress after February 2007. > > Here's the proposed bill that seems to me to provide considerable transparency and fairness. > > Just an opinion... > > Ken Gibala > > ================================ > > > > SEC. 2. ADOPTION OF NONGOVERNMENTAL STANDARDS UNDER THE OCCUPATIONAL HEALTH AND SAFETY ACT. > > (a) Adoption by OSHA- The Occupational Health and Safety Act of 1970 (29 U.S.C. 651 et seq.) is amended by adding after section 6 the following: > > `ADOPTION OF NONGOVERNMENTAL STANDARDS > > `Sec. 6A. (a) Effective on the date of enactment of this section, the Secretary shall not promulgate or incorporate by reference any finding, guideline, standard, limit, rule, or regulation based on a determination reached by any organization, unless the Secretary affirmatively finds that such determination-- > > `(1) has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption; > > `(2) was formulated in a manner which afforded an opportunity for diverse views to be considered; and > > `(3) has been designated as such a standard by the Secretary, after consultation with other appropriate Federal agencies. > > Such finding and a summary of its basis shall be published in the Federal Register and shall be considered a final action subject to review by a United States District Court in accordance with section 706 of title 5, United States Code. > > `( With respect to rulemaking proceedings initiated by the Secretary but not finalized prior to the date of enactment of this section, the Secretary shall, within 180 days of the date of enactment of this section, investigate and identify the use of, influence of, or reliance upon any finding, guideline, standard, limit or any other recommendation that has not been made by an organization and procedure that does not comply with the requirements set forth in subsection (a). The Secretary shall publish the results of such investigations in the Federal Register and, in any final rule, standard, or official recommendation that is prescribed under such proceedings, shall not incorporate, use, or rely upon any finding, guideline, standard, limit, or other recommendation that does not comply with the requirements set forth in subsection (a). The Secretary's actions under this section shall be subject to review by a United States district court of appropriate jurisdiction.'. > > ( Approval of State Plans- Section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667) is amended by adding at the end the following: > > `(i) The Secretary shall not approve a State plan under this section that incorporates by reference any finding, guideline, standard, limit, rule, or regulation based on a determination reached by any organization, unless the Secretary determines that the standards adopted in such plan are standards that-- > > `(1) have been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the State that persons interested and affected by the scope or provisions of such standards have reached substantial agreement on their adoption; and > > `(2) were formulated in a manner which afforded an opportunity for diverse views to be considered.'. > > ============================= > > > > > Re: The US takes another step backwards!! > > > Two republicans in Washington want the US to have most out-of- date > occupational safety and health standards in the world. > > Rep. Charlie Norwood (R-Ga.) has introduced bill HR 5554 and Sen > Enzi (R-Wyo) has introduced SB 2066 forcing OSHA to stop > using " non-consensus " standard. > > These bills are particularly target the ACGIH TLVs. which OSHA > references under the Hazard COmmunication standard. These bills would > make it illegal for OSHA to use the ACGIH TLVs and would > forbid OSHA and employers from making employees aware of the current > Standards. > > These bills would make the US THE ONLY Country in the world with 40 > year old employee exposure standards and would BAN informing employees > of more recent information. ALL 52 other industrialized nations have > more up to date exposure standards than the US right now!! > > More censorship of the truth by the right wing business controlled Bush > administration. > > (FMI see current issue of the Synergist p. 27) > > Please contact you representative and these two business sell outs and > let them know what you think about " unprotecting " american workers. > > Bob <mailto:iequality-unsubscribe ? subject=Unsubscribe> > Recent Activity > a.. 2New Members<http://groups.yahoo.com/group/iequality/members;_ylc=X3oDMTJn djQzdm1yBF9TAzk3MzU5NzE0BGdycElkAzEyMzg3NDc1BGdycHNwSWQDMTYwMDA2MTE0N gRzZWMDdnRsBHNsawN2bWJycwRzdGltZQMxMTU1NDA4MDY3> > b.. 1New Links<http://groups.yahoo.com/group/iequality/links;_ylc=X3oDMTJoMHNq Zm9nBF9TAzk3MzU5NzE0BGdycElkAzEyMzg3NDc1BGdycHNwSWQDMTYwMDA2MTE0NgRzZ WMDdnRsBHNsawN2bGlua3MEc3RpbWUDMTE1NTQwODA2Nw--> > Visit Your Group <http://groups.yahoo.com/group/iequality;_ylc=X3oDMTJmNWdiaDQ3BF9TAzk 3MzU5NzE0BGdycElkAzEyMzg3NDc1BGdycHNwSWQDMTYwMDA2MTE0NgRzZWMDdnRsBHNs awN2Z2hwBHN0aW1lAzExNTU0MDgwNjc-> > Get Low Fares > Yahoo! Travel<http://us.ard.yahoo.com/SIG=12ksmmbs8/M=493064.8985666.9760618 ..8674578/D=grphealth/S=1705061146:NC/Y=YAHOO/EXP=1155415267/A=3848487 /R=0/SIG=13cvtha6s/*http://travel.yahoo.com/;_ylc=X3oDMTFhZ3VhaHU2BF9 TAzk3NDA3NTg5BHBvcwM0BHNlYwNncm91cHMEc2xrA2VtYWlsLW5jbQ--> > > Flights, Hotels, > > Cars, Cruises... > > Yahoo! Mail > Get it all! <http://us.ard.yahoo.com/SIG=12ku77mjj/M=493064.8985657.9760727.86745 78/D=grphealth/S=1705061146:NC/Y=YAHOO/EXP=1155415267/A=3848570/R=0/S IG=12j26nlu5/*http://usrd.yahoo.com/evt=42411/*http://advision.webeve nts.yahoo.com/handraisers> > > With the all-new > > Yahoo! Mail Beta > > Ads on Yahoo! > Learn more now.<http://us.ard.yahoo.com/SIG=12kidc1po/M=493064.8985663.9760769.8 674578/D=grphealth/S=1705061146:NC/Y=YAHOO/EXP=1155415267/A=3848643/R =0/SIG=131q47hek/*http://searchmarketing.yahoo.com/arp/srchv2.php? o=US2005 & cmp=Yahoo & ctv=Groups4 & s=Y & s2= & s3= & b=50> > > Reach customers > > searching for you. > . > Quote
Guest guest Posted August 16, 2006 Report Posted August 16, 2006 " It says that " the Secretary [of OSHA] shall not promulgate or incorporate by reference anything " unless the Secretary has determined that " persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption. " " With whom I have talked with at OSHA national in DC is this was aimed at the willy nilly " clarification " process. This is where OSHA came out with an interpertation based on a question asked by a party. THis was to include " all effected parties " and not some " off the cuff " interp. to a letter making a " defacto " regulation by simply answering a question. I do not think this is spin in which to include the " industry " but all effected parties..that includes the workers and their organizations. THey have input and are part of the industry as much as the employing side of the industry. Making it an attack by the right or anything else in reading more into it than there is. This IS about making it more in line with how EPA and FDA have been promulgating the rulemaking. OSHA has simply been rulemaking by clarifications, short circuiting the process of public input. Quote
Guest guest Posted August 16, 2006 Report Posted August 16, 2006 : So eloquently put. Thanks. -- Geyer, PE, CIH, CSP President KERNTEC Industries, Inc. Bakersfield, California www.kerntecindustries.com On 8/16/06 8:40 AM, " cavanaughmm " <no_reply > wrote: > Ken & others, > > In my former life as a consultant for 13 years with Halliburton, I > helped promulgate rules for DoD, DOE, and OSHA. So I feel I can > speak with some confidence here that this law VERY CLEARLY is > intended to make sure that science (such as TLVs) does not get > promulgated as a rule without industry AGREEING (not just > commenting) on the rule. > > If anyone is saying " this is about transparency " , they are doing > what's called political spin, there's no question in my mind about > it after reading the proposed law Ken graciously included in his > post. > > This law even comes right out and says it, but with code words > perhaps the general public could miss (and be mislead about by > politicians who want to get it slipped by on behalf of their paying > constituency). It says that " the Secretary [of OSHA] shall not > promulgate or incorporate by reference anything " unless the > Secretary has determined that " persons interested and affected by > the scope or provisions of the standard have reached substantial > agreement on its adoption. " > > If the intent was transparency, they would have said the Secretary > can't promulgate anything without " adequate notification of the > public " or " adequate public involvement in the process " or other key > words of that nature. " Persons interested in and affected by the > scope " is code for " industry that is going to bear the costs of > increased regulation. " > > That's just the way it is. Make up your own mind whether it's a > good or bad idea; just don't be lulled by political doublespeak. > > M. Cavanaugh, CIH > Blue Ridge Industrial Hygiene, Inc. > > This E-mail scanned for spam and viruses by ATG Internet. Quote
Guest guest Posted August 16, 2006 Report Posted August 16, 2006 Yes, Ms. Cavanaugh, I can agree with everything you are saying.... especially the political nature of the proposed legislation. BUT the fact is the bill seems unlikely to have a second reading before this Congress retires and the bill expires. The proposal surely has provided tens of thousands of contributions to the sponsors just to post something that has no chance of passing. Bottom line---- I'd think there are more important matters today than these shenanigans happening in Washington. BTW, I see no evidence the Secretary or the Administration is favoring the proposed bill. Your comment on the need to let science govern policies of this nature [my paraphrase] opens another thought of just what is the value of science. We've all, more or less, witnessed the contests of the scientists in the courts for the 25 years it took to decide whether tobacco is unhealthy. It was simply our judicial system that provides science shall govern that caused the 25 year delay. For a similar instance take the Alpine ozone court case. The government took Alpine to court and "proved" they were selling air purifiers that "were" not doing what they were advertised to do. This was not a case of fraud but one of not providing a regulatory agency with proofs to their satisfaction. The government had their scientists and Alpine had theirs and though a good amount of what the government had claimed as false advertising was proven in that court to be "fact" and allowed against the claims of the government. However there were a number of claims that the court found could not be "scientifically" authenticated and the company was fined over a million dollars as the government's scientists had been more convincing. However the agreement of Alpine to pay the fine was coupled with a request to the court that Alpine would be allowed in the future to make those disallowed claims provided they had appropriate scientific evidence. The judge not only allowed that request but also defined that scientific evidence could be independently peer reviewed science that did not have to be approved by the government. To date under those terms probably 85% of the claims Alpine was fined for making without proper and valid proof are now allowed as scientifically factual. It has been estimated that within two more years the successor to Alpine will be allowed to be saying all what the government had said was not fact. Science has not changed... The facts have not changed. It is just that what is considered as fact today was not accepted as fact eight years ago. The question now in regard to the suggestion of letting science prevail is whose science shall be used for regulatory purposes? Ken ---------------------------- Re: The US takes another step backwards!!> > > Two republicans in Washington want the US to have most out-of-date > occupational safety and health standards in the world.> > Rep. Charlie Norwood (R-Ga.) has introduced bill HR 5554 and Sen > Enzi (R-Wyo) has introduced SB 2066 forcing OSHA to stop > using "non-consensus" standard.> > These bills are particularly target the ACGIH TLVs. which OSHA > references under the Hazard COmmunication standard. These bills would > make it illegal for OSHA to use the ACGIH TLVs and would> forbid OSHA and employers from making employees aware of the current > Standards.> > These bills would make the US THE ONLY Country in the world with 40 > year old employee exposure standards and would BAN informing employees > of more recent information. ALL 52 other industrialized nations have > more up to date exposure standards than the US right now!!> > More censorship of the truth by the right wing business controlled Bush > administration.> > (FMI see current issue of the Synergist p. 27)> > Please contact you representative and these two business sell outs and > let them know what you think about "unprotecting" american workers.> > Bob <mailto:iequality-unsubscribe ?subject=Unsubscribe>> Recent Activity> a.. 2New Members<http://groups.yahoo.com/group/iequality/members;_ylc=X3oDMTJndjQzdm1yBF9TAzk3MzU5NzE0BGdycElkAzEyMzg3NDc1BGdycHNwSWQDMTYwMDA2MTE0NgRzZWMDdnRsBHNsawN2bWJycwRzdGltZQMxMTU1NDA4MDY3>> b.. 1New Links<http://groups.yahoo.com/group/iequality/links;_ylc=X3oDMTJoMHNqZm9nBF9TAzk3MzU5NzE0BGdycElkAzEyMzg3NDc1BGdycHNwSWQDMTYwMDA2MTE0NgRzZWMDdnRsBHNsawN2bGlua3MEc3RpbWUDMTE1NTQwODA2Nw-->> Visit Your Group <http://groups.yahoo.com/group/iequality;_ylc=X3oDMTJmNWdiaDQ3BF9TAzk3MzU5NzE0BGdycElkAzEyMzg3NDc1BGdycHNwSWQDMTYwMDA2MTE0NgRzZWMDdnRsBHNsawN2Z2hwBHN0aW1lAzExNTU0MDgwNjc->> Get Low Fares> Yahoo! Travel<http://us.ard.yahoo.com/SIG=12ksmmbs8/M=493064.8985666.9760618.8674578/D=grphealth/S=1705061146:NC/Y=YAHOO/EXP=1155415267/A=3848487/R=0/SIG=13cvtha6s/*http://travel.yahoo.com/;_ylc=X3oDMTFhZ3VhaHU2BF9TAzk3NDA3NTg5BHBvcwM0BHNlYwNncm91cHMEc2xrA2VtYWlsLW5jbQ-->> > Flights, Hotels,> > Cars, Cruises...> > Yahoo! Mail> Get it all!<http://us.ard.yahoo.com/SIG=12ku77mjj/M=493064.8985657.9760727.8674578/D=grphealth/S=1705061146:NC/Y=YAHOO/EXP=1155415267/A=3848570/R=0/SIG=12j26nlu5/*http://usrd.yahoo.com/evt=42411/*http://advision.webevents.yahoo.com/handraisers>> > With the all-new> > Yahoo! Mail Beta> > Ads on Yahoo!> Learn more now.<http://us.ard.yahoo.com/SIG=12kidc1po/M=493064.8985663.9760769.8674578/D=grphealth/S=1705061146:NC/Y=YAHOO/EXP=1155415267/A=3848643/R=0/SIG=131q47hek/*http://searchmarketing.yahoo.com/arp/srchv2.php?o=US2005 & cmp=Yahoo & ctv=Groups4 & s=Y & s2= & s3= & b=50>> > Reach customers> > searching for you.> .> Quote
Guest guest Posted August 16, 2006 Report Posted August 16, 2006 The the criticism of the republican bills was the AIHA Synergist. Are you saying the AIHA Synergist is wrong? I reference the Synergist page. Bob Quote
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