Document evVN7rBo3RpDrGDjMYywdrY9M

e fine points of compl with Walsh-Healey An Exclusive interview with Robert 0. Gidel, Director of the Office of Occupational Safety, U.S. Department of Labor When the "Safety and Health Standards for Federal Supply Contracts" were published in the Federal Register May 20, 1969, regulations went into effect that directly touch over 70.000 plant locations and 27 million work ers. An even greater number of plants and workers, who are not obliged under the Walsh-Healey Public Contracts Act to estab lish controls, undoubtedly will be swept into action by the force of the nationwide move. It is expected that the greatest impact wilt be in the area of noise regulation. Control of toxic gases, vapors and dusts also re quire more stringent Implemen tation. But Walsh-Healey ranges widely, covering material han dling, tools, machinery guarding, compressed air, radiation, trans portation, first aid. personal pro tective equipment At present, there are only enough qualified inspectors to examine about one out of every 20 of the contractor plants each year. What plants will be seen first? Employee complaints and high injury rates are among the criteria governing the order of visitation. Where contractors refuse to comply with regulations, the Sec retary of Labor is empowered to recommend that government contracts be withheld from that company for three years, or even that an existing con&act be can celled. It will be left to individual companies to hire .their own ex amining and consulting experts, but the Federal government will help in securing corrective mea sures whenever possible, How soon must companies meet the new regulations? What benefits will result from noise control? How precise are the rules concerning machine guards and the like? Questions arise from all sides. We brought these questions to the attention of the L'.S. Depart ment of Labor's Director of the Office of Occupational Safety, Robert D. Cidel. Here are Mr. Cidel's answers, given in an Ex clusive Interview. t CIDEL: The safety and health standards were ap proved by a Secretary'* National Advisory Committee oT-repteseotatives from labor, management and the pubbe sod-chaired by Howard Pyle, President -of the National Safety Council. The format of the regulations is a new and unique departure from the historical form of governmental regulations development Instead of writing out by sentence and paragraph every rule under the Uw, nationally recognized standards were adopted by reference as the standards to be met This drew upon, all the expertise to the country which has participated In standards development, and adopted the standards that enlightened and forward looking management voluntarily devised for their own guidance. Environmental Control Managements What will a company be expected to do to meet the noise regulations? CIDEL; When employees are subjected to sound levels exceeding those listed In the regulations, fea sible administrative or engineering controls shall be initiated sad utilized. If such controls fail to reduce sound to within the acceptable levels prescribed, per sonal protective equipment shall be provided and used to reduce sound to within the prescribed levels. In all -cases, -where sound exoeeds acceptable devoir,-* -con tinuing effective bearing conservation program shall be administered. ECM: What Is required in a continuing effective hearing conservation program? GLDEL: Where noise levels in the working environ ment exceed those allowable, a program is necessary to assure that the personal protective equipment pro vided and used is effective in preventing deterioration of a worker's bearing. The most desirable program would include pre-employment hearing examinations and periodic audiometric tests and evaluations. Au diometry and the use and application of personal pro tective devices should be under medical supervision or be done by a curse, audiologist or trained techni cian under medical direction. ECM: Can a company which does not have A scale sound level meters but has Euotcsrr-i WV-05571 ClDEL: There was much discussion over whether to state that "economically feasible" controls should be determined and implemented. It wax finally derided that the word "feasible" should be interpreted in the broadest possible sense and that economic factors should certainly be one of the major considerations-- but not the only factor or the controlling factor. Econ omics may be considered in determining the time limits allowed an employer to come into full compli ance vdth the law. ECM: Turning to toxic contaminants of the air, does reference to exposures or contact at a concentration above those specified in the American Conference of Governmental Industrial Hygienists' "Threshold Limit Values of Airborne Contaminants for 1968" imply that the USDL accepts those as ceiling -values? CIDEL: We have adopted the TLV's ns time w-eigbred a*'erases--hr a 7-d bow workday--nor ceiling values. Time weighting, of course, was the ex plicit intent of the ACGIH in establishing the TLVs. octave band analyzers use them? CIDEL: Yes. In the regulations is a chart graph on which octave band sound pressure levels may be con verted to the equivalent A-weigbted sound level cor responding to the point of highest penetration into the sound level contours. ECM: what does the U.S. Department of Labor expect in the area of benefits in enforcing and implementing the noise control regulations? G1DEL: VVe expect the technology which has been developed over the past 15 to 20 years to be applied now at work sties to protect workers from being ex posed and suffering hearing losses. We expect desigoers and manufacturers to start reducing the noise -ijevels generated by'their products or to provide means . for operators to be-protected.from ihe -excessivg noise levels. We expect better personal protective equip ment and devices to be developed and made available. We expect some of the old. outmoded and obsolete noisy processes to be replaced with more modern, efficient and quieter processes. We expect the in creased demand for expertise in this field to result in more students studying the subject a*** being trained in environmental control as a career, We expect more consultants and consulting Jkvnr to provide services ifi this subject acd, of course, we expect fewer workers to ead up with needless hearing disabilities* ECM: Walsh-Healey states that "feasible administrative or engineering controls" must be determined and implemented when employees are subjected to exces sive noise land also to achieve com pliance with TLV regulations). Will . economic factors or the high cost of con trol be considered? ECM: What is meant in the standard under the Gases, Vapors, Fumes. Dusts, Mists section when you state that in eases where protective equipment Is used such protection must be approved for each specific application by a competent in dustrial hygienist or other technically qualified source? G1DEL: Special knowledge is needed in determining the proper control measures and protective equipment and devices to be used when hazardous substances are used or generated. Access to such knowledge must be provided either by full time staff employees, consul tants, or persons specifically trained in the subject area. Certain recognized ageneieS( test and approve equipment and devices for use In specially hazardous situations. Persons competent to evaluate and pre scribe appropriate approved control procediires and devices must be used to assure the meeting of the intent and purpose of the law. ECM: What constitutes a "competent industrial hygienist or other technically qualified source"? CIDEL; If a company does not have a certified in dustrial hygienist on its payroll, It must show it has access torrid utilize--the services of such expertise, or have persons specially trained to handle its hazard exposures, ECM: Since the Atomic Energy Com mission has already established standards for radiation, why are similar standards spelled out at length in Walsh-Healey? CIDEL; We did adopt AEC standards where they apply and have jurisdiction. Where AC docs not have jurisdiction, we have spelled out the require ments to be met uoder WKPCA. EW0105975 ECM: Where there are unclear areas in the regulations, or areas subject to dif ferent interpretations, what Is the best advice to industry? CIDEL; Clarification bulletins will be Issued when ever Questions arise for which they are needed. These bulletins will be made available and widely dis tributed and publicized, it Is always impossible to cover every situation by regulations or standards, in such cases, good faith by the employer in applying the best available knowledge, techniques and concepts to control of the situation will be acceptable, The in tent and objective of the standards is to provide for the health and safety of the worker. Actions taken to meet this latent and objective will indicate good faith on the part of the employer. ECMj Will all companies be expected to meet the regulations immediately? GIDEL: Good faith by an employer in attempting to meet the intent and purpose of the regulations will be the key test In most industries and operations, tech nology has advanced to the point where the environ ment can be controlled to meet the standards. Rea sonable time limits will be allowed where special costs and equipment or alterations are required. Where technology is not so advanced--as In noise control, for example--good faith can be shown by initiating hear ing conservation programs, providing and requiring the use of personal protective equipment and initiating discussion with technicians, designers and machine manufacturers in order to set plans and completion date, if possible, for new machine designs and new methods and processes. When new machines are pur chased and new facilities built or otherwise obtained for operations, specifications should include noise level limitations and control, ECM; What should be done if workers refuse to use personal protection? CIDEL: It is management's prerogative and duty to see that all means and*measures are taken to assure th2&work is conducted to a safe and healthful manner. This will require good education and training tech niques and effective and forceful supervision. The standards state that personal protection shall be pro vided and used. This puts a burden oa the worker to cooperate and use what management provides. The US. Department of Labor will cooperate with the employers, whenever and however appropriate, to as sure the cooperation of employees. However, the Fed eral government cannot become directly involved in labor-management relations of this sort. ECM: If it Is impossible to guard the point of operation on a machine, what action should be taken? GIDEL: The intent and objective of the standard is that all effort be taken to prevent the operator from having any part of his body in the danger cone during the operating cycle. If by positioning of the part, holding of it, using remote control or by other means the operator is prevented from being ia the danger zone, the Intent of the rule will be met, ECM: Will the Walsh-Healey provisions specifically state the degree to which (1) machine and equipment are to be guarded and (2) what constitutes ade quate medical and first aid facilities? CIDEL: The body of the text of the regulations is somewhat detailed. In special cases ftt considerations will be based upon ar.d drawn from provisions in appropriate national standards and recognized prac tices, Where standards do not specifically cover the subject, techniques and concepts covered in standards or recognized good practices will be adapted to the specific case. (Continued) Jysf who* does Walsh-Healey cover? The Federal Walsh-Healey FubUe `Contracts Act regulations that went into effect last May 20th are wide-ranging In their provisions. Because just a few of its sections captured the headlines, many envi ronmental-safety managers are not aware of its com prehensiveness. It includes specific safety and health standards In each of me following areas: Materials Handling 6c Storage Equipment and Methods Provision of Safety Tools 6c Equipment Guards for Machinery Provision of Medical & First Aid Services Prevision of Personal Protective Equipment Compressed Air for Cleaning (limited to 30 psi} Control of Occupational Noise Control of Nuclear Radiation Toxic Cases, Vapors & Dusts (limited to the Threshold Limit Values established by the American Conference of Governmental Indus trial Hygienists) fl Inspection and Use of Compressed Cas Cylinders Safety Relief Devices for Compressed Cas Con tainers Welding or Cutting of Containers that Contained Combustibles Transportation Safety Maintaining of Injury Records ECM: Does the Department expect to provide help to small companies who do not have Rill-time safety staffs and may not have access to ail the standards adopted by reference? CIDEL: An inspection survey guide is being devel oped for use by Department field personne 1 to guide them in the situations to look for while making plant surveys, It will be keyed to the standards applicable to each situation. These survey guides will be avail able to public contractors as a "do it yourself inspec tion guide so that a continuing inspection program can be set up by any small contractor within his awn or ganization to assure his meeting the requirements of the law. suoio5976 ECM: How will the standards which you have adopted be determined as op* plicablc In any particular situation? ClDEL: Field inspection personnel will survey op erations under a contract according to organized sur* vey procedures, which will be available also to public contractors to let them know ahead of time what is expected of them. Hazards will be categorized and keyed to applicable standards so that fairly uniform application of the law can be achieved nationwide. The applicable standards and sections thereof will be identified so that compliance with the ordinary em ployment situations will be simplified. ECMs Under "Scope and Application," we read; "Whenever this part adopts by reference standards, specifications and codes published and available elsewhere, it only series to adopt the substantive, technical portions of such standards, specifications and codes.' What other portions of standards would be ex cluded? CIDEL: In site text of many standards and codes there srt statements that '"this standard is not to be used for regulator)' purposes" or other restricting state ments not pertinent to the technical substance, Ob viously we do not adopt these statements as part of the standards to be met. ECM: Are sub-contractors of a govern ment contractor subject to the standards? CIDEL: Legally it may be possible to reach sub-ccntractors if major portions of the contract are sub contracted and sub-standard safety and health roea* stsres arc found after complaints. are filed and investigated. In such cases, the sub-contractor may be considered a substitute manufacturer. As a practical matter, it is difficult to ferret out all possible sub-con* tractor operations for inspection. We are primarily * concerned with prime contractors, but expect them ta_ exert appropriate influence over their subcpc&actccs in -order to keep their own eligibility.icr government contracts intact ECM: In a multi-plaut organization, if only one plant is working on a govern ment contract are all plants subject to the WHPCA safety and health stan dards? CIDEL: Although there may technically be a legal reach to all parts of the corporate operation, we are primarily concerned with operations where the cootract is being performed. It would seem to be poor management practice, however, to apply double stan dards to the safety and health of workers in various plants merely on the basis of where a Federal contract is being performed at the moment. ECM; If only a part of a plant is work* ing on a government contract, is the whole plant subject to the standards? ClDEL: If there is an interchange of workers be tween contract sod non-contract operations, and if those working on contracts are exposed to hazards created by the other operations in the general work areas, the whole plant is subject to the standards. ECM? What will be the criteria con sidered for approving a variation from the regulations? CJDEL: If equal or greater safari' can be provided-by a method which,Is different from.that prescribed by the regulations, a request for a variation can be filed and will be evaluated. If technology has not pro gressed to the point where engineering pd adminis* trative controls arc feasible, a request for variation may be considered if a plan for taking all aetions pos* rible to achieve the maximum control and improve ment according to prescribed time limits is submitted. ECM; The law says that where working conditions {not detailed in WHPCA) are "found to be unsanitary or hazardous or dangerous to the health and safety of employees, professionally accepted safety and health practices will be used." What axe these practices? GIDEL: These would include practices published in data sheets, manuals and handbooks by nations)ly recognized and technically competent organizations! ECM; It is stipulated that "thtf employer shall ensure the ready availability of medical personnel for advice and con sultation. , How available must such personnel be? CIDEL: This cannot be defined precisely, but an employer must show that plans are in effect for treat ing any possible fajury within a reasonable and prac tical time limit based on the type and location of the operation. ECM: The rules state that 'in the ab sence of an infirmary... a person or per sons shall & adequately trained to reader first aid.* What training would be required? CIDEL: American Red Cross certified training or the equivalent would be desirable. * ^0105977 Reprinted bom the October 1969 edition of Environmental Control Management.