Masonry Magazine August 1972 Page. 35
OSHA information
Current Information
Relating To The Occupational
Safety and Health Act
by
Lawrence P. Sands
Robert L. Wilson
GEORGE GUENTHER ADDRESS INSURANCE INDUSTRY SEMINAR
George C. Guenther, Assistant Secretary of Labor, announced at a recent seminar for the insurance industry that the OSHA staff now numbers approximately 1,100, including 700 field personnel. Mr. Guenther also announced that a contract had been let to study the economic ramifications of OSHA standards on industry.
It was also announced that the Department of Labor was publishing a newsletter of current OSHA developments. For more information, contact Al Blackman, NIOSH, 5600 Fishers Lane, Rockville, Maryland.
OSHA also recommended that the insurance industry consider making additional safety engineering service available to policyholders by charging an additional fee to cover this service. Several insurance companies have already moved in this direction.
Mr. Guenther referred to the current period as "The Year of the States"; it is anticipated by OSHA that 30 state plans will have been submitted for approval by June of 1973. After approval by OSHA, there will be a period of three years of joint federal-state development. During this period, OSHA will observe the application of the state plans.
The role of trade associations was again stressed by OSHA as a valuable means of communications relating to OSHA information.
The OSHA standards revision, which is rather substantial, has again been rescheduled for publication. It is anticipated that these revisions will be released in late fall. Construction standards revisions through May 31, 1972, are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC, 20402, for 20¢ a copy. This pamphlet makes a number of corrections in the safety and health regulations for construction which appeared in the Federal Register, April 17, 1971. This is identified as OSHA 2061. A pamphlet with changes in the general industrial standards as of May 31, 1972, is also available. This pamphlet contains revisions and corrections of the Federal Register (Vol. 36, No. 105, May 29, 1971). This pamphlet is identified as OSHA 2060.
OSHRC RULES FAILURE TO WEAR HARD HATS IS NOT AN EMPLOYER VIOLATION
The Occupational Safety and Health Review Commission ruled that an employer did not violate section 5 (a) (2) of the Occupational Safety and Health Act although two employees failed to comply with section 1926.100 (a) by not wearing hard hats provided by the employer in an area where there was danger of head injury from impact.
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.
The commission noted that hard hats were furnished by the employer for everyone who went into the construction area; that the company instructed its employees to wear the hard hats; that the workers could expect reprimand if the instructions were violated, and that the employer made an earnest effort to assure that the hard hats would be worn. It is obvious from this ruling that when the employer can demonstrate he has made every effort not only to make hard hats available and can demonstrate his enforcement policy as well, that OSHA will not hold the employer liable when an occasional employee violation occurs.
POSTING OF OSHA SUMMARY
The OSHA Summary (Form 102) should be posted by February 1 and remain posted until March 1.
NATIONAL COMMISSION ON STATE WORKMEN'S COMPENSATION LAWS REPORTED TO THE PRESIDENT
The commission rejected the alternative of a federal takeover of existing laws in its report of July 31. Three major courses of action were recommended:
1. The states should broaden coverage, liberalize benefits, and improve medical and rehabilitation services.
2. Compliance of the states with the essential elements of the commission's recommendations should be evaluated on July 1, 1975, and if necessary, Congress, with no further delay in the effective date, should then guarantee compliance with these recommendations.
3. The President should appoint a new commission to replace the present body which terminates 90 days after July 31.
The commission made 80 recommendations for improvements in state compensation laws. These recommendations were grouped into seven categories. These should be given priority by the states by the July, 1975, date. These categories were:
1. Weekly cash benefits for temporary or permanent total disability and death cases should be no less than two-thirds of the worker's gross weekly wage, subject to a maximum weekly benefit of at least 665 percent of the state's average weekly wage by July 1, 1973, and 100 percent of the state's average weekly wage by July 1, 1975.
2. Weekly cash benefits should be paid without arbitrary limits on duration or sum of benefits.
3. Coverage under state laws should be compulsory rather than elective; neither employers nor employees should have the right to reject coverage.
4. State laws should exempt no occupational groups and should cover all employers of one or more employees. (Continued on page 39)