Masonry Magazine September 1972 Page. 31
OSHA info
Current Information
Relating To The Occupational
Safety and Health Act
by Lawrence P. Sands
Robert L. Wilson
(Fred S. James & Co.)
OSHA'S FIRST YEAR
The Department of Labor announced the enforcement statistics for the first full year (July 1, 1971 to June 30, 1972) of operation.
* 25% of all establishments inspected were found to be in compliance with safety and health standards,
* 32,701 inspections were made.
* 29,505 establishments were inspected.
* Establishments inspected employed 5,987,206 workers.
* 102,861 violations were alleged.
* 23,231 citations were issued.
* $2,291,147 in fines were proposed.
* 4,951 employee complaints were received.
GEORGE MCGOVERN CALLS FOR INCREASED INSPECTIONS
Senator George MeGovern called for an increase of OSHA inspectors to 8,000 from the current 400 compliance officers now in the field. At the same proportionate rate of inspections, violations and fines as indicated for the first year, this number of inspectors could have inspected 590,100 establishments uncovering 2,057,220 violations at a cost to American business of $45,822,940.
BILL TO EXEMPT FIRMS WITH 15 OR FEWER EMPLOYEES VETOED
A rider attached to the Appropriation Bill for the Department of Health, Education and Welfare would have exempted from Federal inspections firms with 15 or fewer employees. The Appropriation Bill was vetoed.
REVOCATION PROPOSED FOR RETIRING STANDARD
A public hearing will be held by the Occupational Safety and Health Administration October 3rd on the proposed revocation of the standard requiring at least one retiring room for the use of female employees, or, where fewer than 10 women are employed and a restroom is not furnished, some other equivalent space must be provided and made suitable for the use of female employes.
ICE IN DRINKING WATER
There is some confusion relating to the subject of ice in drinking water on construction jobs. The basic problem stems from the fact the standard (1910.141) states: "In all instances where water is cooled by ice, the construction of the container shall be such that the ice does not come in
All MCAA members having questions concerning OSHA or desiring information relative to the Act, should write MCAA, OSHA Information, 208 S. LaSalle St., Chicago 60604, and the authors, Sands and Wilson, will be more than pleased to assist you.
direct contact with the water"; however these standards of which 1910.141 is part were issued May 29, 1971, and apply to construction only if there is no applicable standard in the 1500 group which were issued in the Federal Register, April 17, 1971.
Although standard 1518.51 makes no reference to ice in the water, OSHA has taken the position 1910.141 does not apply to construction. This Does Not Mean That The Many Other Standards In The 1910 Series Do Not Apply To Construction. Remember the compliance officer first checks the Safety and Health Regulations for Construction section 1500 (published April 17, 1971 in the Federal Register. If there is no standard covering the situation he will then check the 1910 section published May 29, 1971. To further complicate matters OSHA proposes a number of changes in section 1910.141, one of which will remove the requirement that ice may not be in direct contact with the water.
RULINGS BY OSHA REVIEW COMMISSION
A general contractor was held responsible for the action of his subcontractor. In this case the sub's scaffold collapsed killing two of the subcontractor's employees. The general was cited for failure to examine the equipment that the sub brought onto the job. In another case the judge ruled that the employer was not necessarily at fault when an employee is killed or injured through his own negligence.
In this particular case the employee was killed after disregarding, according to the judge, the employee safety instructions which the employee understood and agreed to follow. This again points out the value of Written safety rules and safety program, tool box safety meetings, etc. This could be your defense in an OSHA citation when the injury is a result of your employee's sole negligence.
LABOR DEPARTMENT CLARIFIES USE OF EMPLOYER RECORDS IN JOB SAFETY ENFORCEMENT
George C. Guenther, Assistant Secretary of Labor for Occupational Safety and Health, announced "It is the intention of the Labor Department to encourage voluntary compliance with the Williams-Steiger Occupational Safety and Health Act of 1970 and its standards to the maximum extent possible."
Speaking in Milwaukee, Wisconsin before the Annual Conference of the International Association of Governmental Labor Officials, Guenther stated that the Department in carrying out its compliance responsibilities would under no circumstances establish policy or take other action which would discourage employers and employees in any way from taking all possible voluntary steps to eliminate hazards in the workplace.