Document eJkBQxbR20myLZ9xEdw5VRmM

$* C0TT KILL AXD DIOWLKW, IRC. ERVIKHOODITAL HEALTH USIT KEJWRARDUt 1 KEW OCCUPATIONAL HEALTH AKD 8APSTT LAN CQHTAH8 ? SEVERAL DELATED-ACTTO* PEOBLBe JTOB IHDUSTHT '-i Washington -- Several long-range, delayed-let Ion voile emriroinMnt problems are wrapped up In the nev Occupational Safety and Health Act of 1970 that vai ilgoed Into lav thia week bp Prealdent Rlxon. JS.'-*V. ' i 4 8omm of theae vere oba cured bp attention given to hassling in Congress over lnportant iaauea involved in the baaic propoaal to (It * the Secretarp of Labor Juris diet ion over health and aafetp conditiona for the volte environment In Some four Million of the natlon'a buaineaa establishments. The next tvo peare vlll aee a major build-up in federal bureaua in the Labor Department and the Department of Health, Education and Welfare, aa a result of thia legislation. The legislation vlll also result in greatly increasing the Industrial hygiene responslbllltlee of industrial establlahmente. i But beyond thia, the lav alao: 9 -- Establishes a nev Rational Institute for Occupational Safety and Health In tha Department of Health, Education and Welfare. (Presumably thia vlll result in greatly upgrading the present Bureau of Occupational Safety and Health.) Tha directory of this Institute vlll have broad povers (including thorn delegated to Ma bp the HEW Secretarp), (a) to conduct studies and make recommendations for actloo on "nev and improved" aafetp and health standards and for "innovative" techniques and approaches to aafetp and health, (b) to designate "toxic materials and harmful physical agents* that vill get special attention, (c) to "explore nev problems" of health and safety, (d) to conduct epidemiological and medical studies in indus trial plants, and (a) to carry on research into "motivational and behavioral factors" relating to safety and health, for stoat of this, regulations can be mads requiring participation of companies. -- Authorises a 15-man Presidential Ocxmcission on State Workmen's Compensation levs to undertake s "comprehensive study and evaluation" of these lavs concern!^ their fairness and adequacy, and to report to the President and Congress vith recossMndatlons not later then July 31, 1972. -- Requires the Secretary of Labor to institute s comprehensive program of collection and analysis of industrial health and safety statistics, for which employers are required to maintain records and make reports on all rk-r*lated deaths, injuries and Illnesses. N 3533.01 PUP i F ! f K-` F r t? r < S t i f > LIA14441 '-kii -2 The law a* puard culminate* ieveral year* of com 1deration by Gongreas, during which many controvert ial propo*L were debated at length before bell* reaolved. Among theie were: ? 1. The measure now prorldea that only a 0.8. Mitrlct Court May, In effect, atop plant operation* on a charge of lnedlate or lminent danger Of death or erlou* harm. labor spokesmen had urgently pushed own cognisance, order a shutdown If they deemed a aituation vaa dangerous. 2. In addition to requiring employars to take action to provide a work environment "free fron recogniaed hazard*," the law alao require* that each ; employee nut coaply with atandard*, rulea, regulationa and order "applicable to hi* own acttorn and conduct." (However, there doea not appear to be any penalty or enforcement provision relating to employee* who do not eo comply.) 'j 3. A Rational Advisory Ooenittee on Occupational Health and Safety la eatabliahed, consisting of 12 member* to be appointed by the labor Secretary, Including repreaentatlvea of labor, management,' public and occupational aafety and health profeaalona. Alao, almilar advisory coemlttee* are autborlsed to aailst in atandard-aettlng for specific industrial situation. However, the 8ecre tary "nay" heed the advice of theae coanltteee; ha is not co^elled to. d V. Th* legislation glvea generous leeway for uniooa and individual aaployaaa to have acceaa to medical record*, to ask for special inspections by the Labor Dep&rtaent, to accompany inspectors on their tours of the plants, and to register cocplalnts with the Labor Department about any safety and health problems they think exist In their work places. < 5. A three-man Presidential Occupational Safety and Health Review Ccaniaslce la eatabliahed a* an adjudicating body for contesting citations from the labor J Department, operating somewhat as the Rational Labor Relations Board. Court appeals are provided for. 6. Tha enacted law will permit state* to administer the provision* of health and safety standards, providing the state submits a plan for so doing that is acceptable to the Secretary of labor. Supporting funds for approved state programs are also provided for. The effective date of the law Itself 1* 120 days after lte enactment. This date has slgnlflcanc* relating to such time factor* as requiring standards to be set within two years of the effective date. ROTE: This memorandum does not attempt to tumarls* various provisions sad complications of the standard-setting and enforcement procedure* spelled out for achieving the law's objective which la to "assure Insofar as practlcsble that no employee will suffer diminished health, functional capacity or lift expectancy ae a reault of hi* work experience." The major purpose of the memorandum la to point out that, as important as th* chltf thrust of tha legislation is, there are other elements that will have Impact on tha buslnea* community In the year* ahead for which some advance planning can be undertaken. ! l ft";