Document v6d441NvadGjzeLg92qZkVLB9

i.i.U'AA.tNJ'.ri-K>^ i`>>ai^iU.* i i ifa- f4!Svi 's?so u %tn>& m* S ' W005k`!w6<3jw3-B\C0COG ;933S (\T_^r rL ? Boi *L;->t ^^*v*C.Bt-hCt.*Sl i AL-2789. A Owot el tiw Pp^tKfl* Woid^-w^ Jss&rizf -T* .1mal 1 ( 4535 f INDUSTRIAL IDTAUni AVI) S.Um REPORT April 15, 1971 . PURPOSE ' '. * This Is the first of a continuing- series of analyses on federal _ actions influencing policies, programs and regulations- irs the field of industrial health and safety. The focus of these reports will'be largely confined to (1) implementation of the Occupational Safety and Health Act, and (2) health.' pel icy legislation, funding and'executive actions which relate to occupational health services ot to employer- provided health services (including insurance coverage) for employees and their dependents, The following report su?nnrxzes developments in the Departments o Labor and Health, Education and V.clfnre in carrying out provisions f the 1970 OSH Act. Discussion deals with: ' * 1, Organ ization ' 2-i Standards 5, B??,a collectiesn ' 4, Research 5, Enforcement 6. Federal-state relations Detailed reference to the statute is omitted, assuming'widespread prior knowledge of its provisions. CRMC-WKHER-000081 i I Safely jmd Health Report Page 2 ' , fVc.'W.Vfi'-si. AL-2789 SIHW Preparations' for the April 28 effective date of the 1970 Occupa*tional Safety and Health Act are proceeding in the Departments of . Labor and Health, Education and Welfare on soma'.'hat related tracks, but with differing results. LaboT has moved more rapidly to establish a structure and to name key people, but its view, of the dimensions of the OSH responsibility differs from HBV's. HDt, despite its professional knowledge of health aspects, is somewhat handicapped by deferral of decisions on the leadership, organization and physical location of the new National Institute of Occupational Safety and {iealth. Appointments:' Soon to be confirmed by the Senate are Assistant Secretary of Labor for Occupational Safety and Health George C,, Gucnthcr_and the three Presidential' appointees to the Occupational Safety and Health Rcvii Cercmrssren* The leading cnndxdatc to become director of the National Institute for Occupational Safety and Health (NIOSH) is Rr,, Marcus M. Key, current head of the-Bureau of Occupational Safety and Health (BOSH). Organization: . The Secretary of Labor April 14 announced the establishment of a new Occupational Safety and Health Administration (CSHA) under Mr. Guenther's direction. The responsibilities and key personnel of CSHA are described below in section I.A. CSHA's leadership and staff are largely career.employees familiar with the Labor Department's approach since most will come from the Bureau of labor Standards' (formerly headed by Gbcnther), The fiscal 1972 budget request for OSHA is almost $25 million compared-to fiscal 1971's $5.4 million. A large suppleatental appropriation request of $11 Bullion has come too late to expect full approval by the Congress. CRMC-WKHER-000082 vsUw'w^k'p'A*- *5 Safely and Health Report Page 5 _ AL-2789 In ItQ\% KI0S1 vail become official April 28. Its chief souixe of manpower will be the Bureau of Occupational Safety-and Health. The fiscal IQ72 budget Toque51 of $16 million compares to $8 million for the current fiscal yeaT. A supplemental request for $5.6 million faces the same fate as GSHA's. Standards: . ., On or about April 2S, the Secretary of Labor will announce an interim standards package consisting of "consensus standards" Which have bean adopted by private organizations and existing standards which have been officially promulgated under prior statutory authority. &nphasis will be on industrial safety rather than health standards9 for which there arc few consensus mechanisms. , An early target for revision of standards will be the 450 stan dards adopted by. Hie American National Standards Institute, Inc. ,, and -b--i"c^i.cc'ti.ic*' IctT-dcn '^^ixn,rt,2,yr to lack of adequate coverage. HUN Indicates interest in moving rapidly toward recoirmenucd standards for beryllium, carbon monoxidep heat ' stress, ultra-violet exposure and noise. NIOSH plans'to publish by June 29 ,, 1971, a generic listing of all known toxic substances; it appears that perhaps 20,000 agents will be included in the compilation. Data collection': .. A new plan for employer-supplied information on injuries and ill nesses is undergoing Labor department review'. It is expected to b effective in July 1971. Mandatory use of new definitions will be re quired of about 250,000 business establishments. A. cooperative program involving state agency reporting is also being developed. Nineteen states are currently participating. Their data will reflect the new system also. CRMC-WKHER-000083 Safety and Health Report Page 4 AL-2789 In IBW? NI0S3PS statistics collection will involve medical exami nations and tests of workers. To some extent,, NTOSSiSs data gathering is closely related to its inspection, role for potentially toxic sub stances. Internal task forces arc seeking to clarify these procedures. Research NIOSH's research activity will provide much of the scientific foundation for recommended health standards in the* future. At present,, the ongoing approach of BOSH is likely to continue, although broad new areas of .investigation will be pursued. In developing criteria on which new standards can be based, several, substances appear to be objects of great interest: carbon nonoxide, asbestos, coal-tar pitch volatiles and ammonia, Other research appears certain to deal with alcoholism among employees. There is some expectation that congressional pressure may lead to studies of vrork safety and health among migrant farm workers. ,, Studies on low-level exposure are underway in BCSH, dealing with uranium, coal dust, carbon monoxide and benzene. Before Bee. 29, 1971, N10SH will publish the first of an annual series of reports on industry wide studies of chronic and low-level exposures to materials, processes and stresses. . Enforcement: . . Labor has indicated ten target industries ("worst-first" in terms of injury-frequency rates) as the most likely to be inspected for en forcement purposes: longshoring, lumber and wood products, trucking and warehousing, contract construction, foundries, food and kindred products, stonp, clay and glass products, fabricated metal products,, rubber and plastic products, paper and allied products. The Labor Department sees a need to stimulate organised labor and employee capacities in order to cope with the Act's requirements. Early 1971 conferences have emphasized education of labor and management to their responsibilities. ' CRMC-WKHER-000084 Safety and Health Report Page S'. ' .,, ir-'-Zi+L*V.-j-Ci .i .. AL-2789 Operational changes in enforcement are largely deferred until snore inspectors become available* .About 100 inspectors will be in various (but not all) regional offices by April 28. After another SO are trained, Labor will concentrate on training instructors in perhaps five occupa tional safety and health training centers. ' federal-state relations; ". Nearly 3$ states have requested authority tc continue state enforce ment until the end of 1972, oi* until a state plan can be developed. Labor intends to issue guidelines as quickly as possible for states seeking planning, and program grants; it had hoped to issue initial grants during May and June but is about a month behind schedule. It appears that program grants to state agencies will not be completed before September 1972. , In SEW, initial attention to grants supporting health manpower is focused on aid to medical schools to develop physicians with occupa tional healtli specialties, and to community or junior colleges to develop two-year programs for industrial hygienists. It is possible that a regional approach to manpower development may be preferred. ouiudok The formal implementation of the 1970 OSH Act Is being carried out with dispatch in the Labor Department, less so in HEW. White House interest' in the subject has sharply -declined following enactment of the law. `Gungross i coal concern will be keen, particularly in the Senate where strong industrial health measures are favored by members of both parties. Con sidering the early stages of the new agencies, there is already concern that politically-yisible steps may be needed to assure that the- Labor Department not neglect the development and enforcement of health st&idards .Goflmttee investigations into sonic industries (e.g., metallic and nonf motallic mining) and substances (e.g.* exposure to lead) can be expected. CRMC-WKHER-000085 Safety find Health Report Page 6 AL-2789 I Organized labor seems 'anxious that there be greater attention to health standards than is likely in the interim package. This, com- hired with congressional interest and the professional objectives of career administrators in the soon-to-be-official NIGSH, suggests a growing agreement on this point. It can be anticipated that chose . parties* in-order to influence the Labor Department's OSHA in behalf o stronger health standards, will recognize that NIOSH's role is crucial: Without adequate evidence of medical hazards, no criteria can be devel oped to support standards. Hence, NIOSH'b priorities and actions are of greater long-term importance despite the fact that it will be the tabor Department which actually sets standards. . f i CRMC-WKHER-000086 ( V. I ! ? ..tMvW* Safety and Health Report Page 1 AL-2789 A. Department of Labor Primary responsibilities placed in the department by the 1970 Act include: 1. Standard-setting,, variations, tolerances and exemptions; ,& 2, Establishment of priorities for standards; . 3, Enforcement, inspections and citations; 4o Grants to states and approval of state plans; 5. Record keeping for enforcement or statistical purposes; 6. Record keeping for occupational injuries,, illnesses; 7. Training of inspectors; and 3. Educational and prevention programs aimed, at employers and if *-- .0.^^ 9 Four organizational provisions were contained in the Ar.t: 1. Assistant Secretary of Labor for Occupational Safety and Health 2. Occupational Safety and Health Administration (QSHiO 3. National Advisory Committee on Occupational Safety .fend Health (N&C05H) . 4. Advisory committee's for standards setting process (optional) Status ' 1. George C. Gaenther, currently director of the Bureau of Labor Standards, has been nominated and will soon be confirmed as the Assistant Secretary of Labor after the Senate reconvenes April 14. 2. Labor Secretary J. D. Hodgson announced the establishment of the Occupational Safety and Health Administration April (see attachment). Job safety responsibilities have been reassigned fresa the now-defunct CRMC-WKHER-0 00087 Safety and Health Report Page S- AL-2789 V Bureau of Labor Standards (in tJie Workplace Standards Administration). OS 1A will be under Guenther.'s direction. At the same time, Workplace Standards has been renamed the Employment Standards Administration, with Assistant Secretary Arthur Fletcher as its head, Oienther will1 report to the Secretary on job safety and health; Fletcher will report on'matters dealing with job compensation and contract compliance. ' OS {A is to. consist of three central parts: Office of Operations;, (with an evaluation arm in the Office of Policy Development), Management offices, and the Regional and area offices. *. e. Office of Operations will be directed by Robert D. Gid ;X (former deputy director, Bureau of Labor Standards). Operations has . four subdivisions covering Labor's primary responsibilities under the Act: ',, '' 1) ' Office- of Safety and Health Standards - Patrick F. Cestrone (former chief. Office of Standards Development* Bureau o Labor Standards) -2) Office of State Programs - Thomas C, Brown (former director. Office of Program Development, Workplace Standards Administration) . S) Office of Compliance - Eugene L. Newman (former chief. Office of Training, Bureau of Labor Standards) .` ` 4) Office of Training and Education - Br. Earl 0. Beath (National Highway Traffic Safety Administration) 'e . . The Office of Policy Development '(headed by Albert J. Angebranndt, former deputy director, Office of Management Systems, Office of Financial Management, Manpower Administration) will work closely with Operations Director Gidel to develop recommendations froa the program offices are! legislative and policy reports on the basis of experience with ths Act. h. Management offices will consist of three elements: ', X) Office of Program Management Services - Barry J. White (femaer . director. Office of Mmaganent Systoas md Services, Workplace Standards Administration) . . * -v l- ! 'rawy CRMC-WKHER-000088 !r.*?rtkj.fr-r W, -SAwi -JJ,,1*M .4iijw iSt*1. Safety and ilealth Report ` Page 3 /v*lJ AL-2789 Bureau of Labor Standards (in. the Workplace Standards Administration). 0S1IA will be under Guenther's direction. At the same time, Workplace .Standards has been renamed the Employment Standards Adninistration, with Assistant Secretary Arthur Fletcher as its head. Qjenther will report to the Secretary on job safety and healthj Fletcher will report on matters dealing with job condensation and contract compliance. OSHA is to consist of three central parts: Office of Operations, (with an evaluation arm in the Office of.Policy Development), Management offices;, and the Regional and area offices. a. Office of Operations will be directed by Robert D. Gidei (former deputy, director. Bureau of Labor Standards). Operations has four subdivisions covering Labor's primary responsibilities under the Act; ' , , 1) Office of Safety and Health Standards .- Patrick F. Cestrone (former chief, Office of Standards Development, Bureau of Labor Standards) ' 2) Office of State Programs - Thomas C. Broun (former director, Office of Program Development, Workplace Standards Administration) 3) Office of Compliance - Eugene L. Newman (former chief, Office of Training, Bureau-of labor Standards) . ` ' 4) Office of Training and Education - Dr. Earl D. Heath (National Highway Traffic Safety Administration) . ' ._ The Office of Policy Development (headed by'Albert J. Angebranndt, ' former deputy director, Office of Management Systems, Office of Financial Management, Manpower Adr frustration) will work closely with Operations Director Gidei to develop recorxvendalions from tire program offices and legislative and policy reports on Hie basis of experience with the Act, b. Management offices will consist o three elements: I) Office of Program Management Services * Barry J. White (former . director, Office of Management Systems and Services, Workplace Standards Administration) . I q } . CRMC'WKHER-0000 S9 gsas 'aiiiaiiflii&to i Safety and Health Report Page 9 - AL-2789 . it f 1 I . 2)- Office of Management Data Systems - (vacant) 3) Office of Information Services - Robert Rcsor (former special assistant, National Railway Labor Conference in Washington) c. Ten regional offices will be established, each with staff for '0 compliance, state programs (administrative services and technical support programs), forty-three area offices will be structured more to deal with'standards-oriented programs--with construction, maritime and general industry subdivisions in each office. (See Appendix A for regional officials and offices.) . The fiscal 1972 budget request for OSHA's activities is sis timbs greater than the original appropriation for the Bureau of Labor Standards in fiscal 1971. A large supplemental, request has not been passed. A comparison (in millions of dollars): (QSHA-1972) (BLS-1971) (BLS-1970) . Supplemental 24.9 4.57 .90* , 24.9 . L 57 Net.yet appropriated . . 3. The Secretary of Labor is to appoint a 12-member National ' Advisory Committee on Occupational Safety and Health (XAGOSH) with four saem.bers designated by the Secretary of HBV. Members are to be chosen from management, labor, occupational safety, and occupational health professions and from the public. One of the public representatives is to be named by the Secretary as chairman; RAC0SH must hold' public Eneetings at least twice a year. - Hie Secretary's existing National Safety Advisory Committee probably will be reconstituted as NACOSH. Thirteen safety experts from management, labor and the public currently advise the Secretary on new standards. . 9=r`rr" CRMC-WKHER-000091) i7.il. JI. k*(.I'vi^.V,j,r-r-4*;**-#**.4.iVliM Mj^l'iKiS,.V^tt,ul.r-V-iAvj;ji u'L'^rlsjxJjiU.XAJji.**ii'inLil/r t ii-V S7.-jrH* ^^kVUAi1-* * r-> l`S* AL-2789 Safety and Health Report ` Page 10 . . '* The mandate for NACGSH is vague, indicating that it-will provide general public review of overall Labor-HDt administrative problems rather than .continue the functions of the Secretary's Advisory Ccnsnittee. Personnel adjustments in NACQSH will make room for the four HEN-designees and transfer the emphasis on standards-review responsibilities to the'advisory committees. . . Appointments to XACCSiS are expected shortly after .April 23. Current-Safety Advisory Committee members are; Chairman: Howard Pyle, president. National Safety Council .Public members: Dr.'Clyde Berry, chairman, division of environmental and health engineering. College of Medicine, University' of Iowa Dr. John Grimaldi, director, Center of Safety, New York University Jack F. Hatton, chief, division of industrial safety, California Department of Industrial Relations . .Donald Peyton, managing director, American National Standards Institute . Labor members: ' Walter J. Burke, secretary-treasurer, Uhited Steelworkers of America . Arthur P. Gildea, secretsry-treasurer, International Union of United Brewery, Flour, Cereal, Soft Drink and Distillery Workers of America Elwood Swisher, vice president, Oil, Qemical and Atonic Workers International Union George li. R. Taylor,economist,, department of research,.AFL-CIO fenagenent members: Ur. Lester V. Cralley, director, industrial hygiene, Aluminum Co. of America CRMC-WKHER-000091 Safely and. Health Report Page 11 . AL-2789 3, S. .Queener, manager, safety and fire protection divisions E. I. DuPont de Nemours ^ Co,, Inc. * Albert W. Tumet) supervisor, employee relations. Southern Cali- forma Gas Company ^ Frank K. Bamako, manager, safety and-workmens compensation ' division. Industrial Relations Department,, Bethlehem Steel Co, 4. Advisor)' committees on standards may be appointed by the Secretary of Labor. N-one are currently anticipated (in the immediate future) by OSIA. When named during, the next two years, the advisory committees will review all other possible federal standards as a federal consensus, mechanism rather than the former private review mechanisms of the American National Standards Institute, Inc. or the National Fire Pro tection Association. Thus, the "consensus" system will be applied by DDL advisory committees to proprietary or professional standards currently not incorporated in federal regulations. . Significance ' _ ' ?fejor accommodations have been made by the Labor Department to carry out the 1970 Act through QSHAs , 1. Separation of operations and administrative functions, pro viding a high priority for Labor's four major areas of responsibility, 2., Upgrading of policy development from a research/evaluation "study1' level to the operations level, in preparation for review's, reports and legislative changes, 3. Establishment of a compliance office, separate from regional and standards-setting functions, to concentrate on enforcement. ' 4. Establishment of regional offices as mini-bureaus with special capabilities for compliance, state plans, and technical assistance directed at the. local level. . CRMC-WKHER-0 00092 Ift Safety and Health. Report ^ Page llA ' AL-2789- * It is rtfjt clear whether Labor is merely shuffling Bureau of Labor Standards into .a new title rather than into a new policy* position. Six of eight appointments are personnel fran either Bureau of Labor Standards or Workplace Standards Administration. In addition, two other areas of OSilA jurisdiction (legal enforcement and data systems) are to be handled outside of the administration itself: ' Associate Solicitor for Occupational Safety and Health Benjamin W. Mint 2 (former special assistant to the Solicitor, 3X)L) Associate Gorxiissioner of thet, Burcaju of Labor Statistics for Occupational Safety and Health - Thomas MaArdle (former Bureau of Labor Statistics Regional Director, Chicago) B. Health, Education and Welfare ,* 1 2 3 4 5 * 7 Primary responsibilities placed in the department by the Act include: 1. A new National Institute for Occupational Safety and Stealth (NIQSH) wit)i a broad mandate for extensive research programs, assisted by research and demonstration grants; ' 2. Development and recommendation (but not setting) of health standards; ~ '. ' 3. Coicpilation and annual revision of lists of all known toxic substances; including toxic concentrations; 4. Regulation of medical examinations or tests to determine fre quency or occupational illness or susceptibility; . 5. J'fcmptwer development (but not inspectors) including training grants; <5. .Information on protective equipment; and 7, Annual publication of research criteria. ' i CRMC-WKHER-000093 Safely and Health Report Page 12 . AL-2789 Status ' The chief organizational response to the 1970 Act is the' establish* ment.of the National Institute of Occupational Safety and Health (NIOSH). The institute is the key to implementing least of HEW's responsibilities under the Act. Most of HSf's other responsibilities are largely those of consultant or advisor to the Labor Bepartmenf. Although NIOSH become an official organization on April 28, many questions remain about its organization and relationship to the l-CEStf Department. The core of the institute will consist of the present Bureau of Occupational Safety and Health (BOSH)--formerly a subunit of HEW's Environmental Health Service. The formation of the Environmental Protec tion Agency emasculated the Environmental Health Service and left BOSH re porting directly to Assistant HEV Secretary for Health Roger 0. Egcberg. In this reorganization, BOSH also acquired parts of tire old Bureau of Radiological Health, Including the Electronics Products Division. More recently-, BOSH has acquired the Occupational Studies Unit of the National Institute for Environmental Health Sciences. ': Budget requests for fiscal 1972 are double that of BOSH's original appropriation in 1971; the comparison (in millions of dollars); (NIGSH-1972) (BOSH-1971) (BOSM970) Grants 2.9Sfe - ' 8.28 7.60. Direct oper. Supplemental 13,1 S2a' r> h S.&O * A >bt yet appropriated 16.47 13.88 ' 7.60 Compared with the Labor Department, the reorganization and establish ment of MIOSH is proceeding slowly. In-house task forces at BCS31 sub mitted proposals for reorganization to & special task force under th P C.RMC-WKHER-000094 ( i 1 Safety and Health Fx-port Page 13 AL-2789 ~ . ' chairmanship o Surgeon General Jesse L. Steinfeld. The Surgeon General's task force has met on the proposals , endorsed them, and forwarded them to 1 SIN Secretary Eliot Richardson for "approval. Secretary Richardson has been in Europe and returns to the United States .April IS. Several key issues ruist be decided by the Secretary, including where the institute will be placed both physically and 'within the HBf structure, and v.ho will direct the institute. Significance: . ~ ' hhere the Institute will be olaced withy? the over-all HEW organisation. Options include making the Institute a separate unit* like the Food and Drug 'Admin i strati on; placing the Institute within NIH umbrella; or placing it within the Health Services and Mental' Health. Administration (KS1HA},, . Mitigating against a separate organisation, of the FDA type, is the high cost of administrative services--such as personnel, payroll* grants management, and so on--that a separate organizational unit .A must underwrite, Between NIH and HSHiA, speculation leads toward HSS21A, not only because HSM1A has been providing some administrative services to BOSH, but also because HIH is clearly identified as a basic research agency and the new Institute will be geared to applied research. Tipping the balance between NIH and HSSHA, however, may be tire location chosen fox the NIQ5H campus. '' Z, The site of the NT OSH campus. Pressure has been exerted cm HEW to locate the new institute in three' different places: in Cincin nati where BOSH currently has a large laboratory (200 employees) with a variety of research undertakingsFort Detrick, Md., for which con siderable congressional pressure has developed to put to use the chemical End biological warfare facilities recently abandonned by 'the Defense Apartment; and North Carolina's Research Triangle, the headquarters for HIH's Institute of Environmental Health Sciences. CRMC-WKHER-000095 Sacly and Ileal tit. Report 14 AL-2789 ' A fourth. options and one that is likely to prevail during the first year of the Institute's operation, is to establish an institute without campus--that is* decentralized facilities snuch as they are at present. . Should Fort Detrick, part of which will-be occupied by KIH*s Cancer Institute, be selected as a-site for NI0SJ1, the availability of NIH's. administrative support in' nearby Bethcsda, Mi., could tip the scales in favor of placing the new institute in the,organizational structure of NIK. 3. The,naming of the KIOSK Director. Two front runners are Dr. Marcus M. Key,'presently director of BOSH who reportedly has the support of both organized labor and the National Association of Manufacturers; and Dr. Edward P. Radford, professor of environmental medicine at Johns Hopkins University. Dr. Radford's'name has been proposed to the HBf Secretary by Sen. Edward Brooke, R-Mrss. HEN Secretary Eliot Richardson is also from Massachusetts.' , C. Occupational Safety' and Health Review Commission the Act provides for a three-member Presidentially-appointed Occupational Safety an I Health Review Commission, an independent quasi judicial agency. The rernnussion will have hearing examiners to review the enforcement provisions of the Act. It hill have authority to develop its own'operating 'rules. ' Status - . The President has nominated and the Senate will soon confirm three consuss loners: Robert D. Moran (chairman with s six-year terra), Man F. Burch (two-year terra) and James Van Name (four-year tern). Significance . *. ' The nominees are well attuned to Labor's administration of the safety laws under existing federal contract law: Moran as administrator of the Workplace Standards Administration, Van Nance as president of the crmc~wkher_000096 V i* 'J Jt! 4^!Lam t .Safety and Health Tcport Page IS f/JlT~ifl J i'i j<*itT^'A`Ttl'irV|li*'|lii||l,li/i*trr ': /- t-itl t f-iT~~ -1 - rr-` fi` `--t - - AL-2789 . American Society of Safety Engineers and Burch as a member of both the National- Safety Council and Labor's National Safety Advisory Committee. J4one of the three are medically knowledgeable, &. * The Review Co-mission will be watched carefully as it builds up -s 1 a body of precedent for enforcements but it is not likely to stray sig 4 nificantly from guidel ;,ncs developed under the old procedures. Its 1 initial cases should net be brought for some time* &' B. Other .. IM 1; The White House gives no sign of intervening in the early pro cess of Labor's reorganization, nor in establishing priorities -for '.'j standards, A patronage issue may be involved in the eventual choice of NIOSH's Director, but there is general confidence in .both Labor and !{EW in respect to the Act's provisions; hence, no highly active White Bouse role at present.' ', ' 2.' Environmental Protection Agency isin the process of its own organization and has not perceived any significant responsibility in the GSH field.. Its growing attention to toxic and hazardous substances indi cates an eventual role is likely, if only to support Labor, and HEW respoii' sibilities. . .- t i'i & CEMC-WKHER-000097 IL Standards . A. Backgrowd . The Secretary of Labor has two years to adopt as occupational 'safety ami'health standards any of the pre-existing ''national consensus" or "established federal" standards which have gone through effective ' review procedures. If the Secretary promulgates new standards or modi fies or revokes any of the existing standards,'he'irtust' first follow the. detailed notice, comment and hearing schedule required by the Act, If the proposed standard has not been subject to "consensus" pro cedures, 'an-.advisory committee will undertake the`procedural .scrutiny formerly provided by the private .organisations. Advisory cotrrtitlees5 ' procedures' are expedited: 90-270 days for a- committee recommendation as contrasted with months or years for KFPA or Ah'SI procedures. This stream lined process allows the Secretary to consider proprietary or-professional standards produced by industry groups or organizations which do not have diverse memberships and therefore cannot use the "consensus" principle of adaption, ' , Emergency standards can be promulgated in cases of imminent danger, temporarily bypassing the regular procedures for up to six months. These extraordinary powers were derived from the growing concern for health problems created by airborne contaminants and exposure to toxic agents. The emergency provisions were included to allow Labor to respond quickly to safety crises as well as new hazards research from HEW. The provi sions for emergency standards can be exercised-in conjunction with enforcement procedures to counteract imminent danger in ext rests cases, . In setting standards and priorities, the Act requires the Labor Department to give "due regard" to the Tecommendat ions of the HEW Secretary. N`109! is charged with developing the criteria on which the KEtf rccormcrdaticns will be made. The recommendationss however, will b subject to review and approval by the office of the Assistant Secretary'for Health, ' CRMC-WKHER-000098 .AfrtAatfif fera. ' ,. Safety and Health Report -Page 27 AL-2789 ~, The validity of a standard can be reviewed by the li.S. Circuit Courts of Appeals upon petition by any person claiming adverse impact* The first appeal process offers the employer the advantages of review at the Circuit Court level before enforcement steps begin. ^These are counterbalanced by the requirement that the employer must argue, ' separately, the issues of Ca) the validity' of the standard on the basis of substantial evidence and (b) the likelihood of adverse impact justifying a stay of effectiveness of the promulgated standard. Employers' second pre-enforcement appeal alternative is to seek a temporary variance from immediate compliance... The burden of this approach weighs heavily on employers because noncompliance may be " temporarily'forgiven only under a few limited conditions: 4 , -- unavailability of personnel, equipment or facilities availability of protection for his employees fra the hazard at issue ' reasonable schedule for compliance, or special exemption for participation in an approved experimental project. . Interim and renewed variance orders of limited duration are available to the employers, but no appeal on grounds of "economic hard ship." Finally, employees have a right to a hearing to contest an employer's application for variance. B Status * . c . 1. Standard-setting ' The interim "standards package" to be announced' on or about April 28 will consist of "consensus standards'^-those adopted rnder procedures which duplicate promulgation procedures required-by the Administrative Procedure Act [such as the American National Standards Institute or the National Fire Protection Association procedures, where s. CRiVtC~WKHER-000099 Safety and Health Report ' Page IS AL-2789 'interested and affected persons have reached substantial agreement' cci adoption), ; '' The forthcomihg standards package will streamline the general ' occupational safety and health standards adopted under existing legis" i.s .f-i.ion* <? ', . Walsh-Healey Act of 1936 (41 USC 35 et seq) ' McNamara-O'Hara Service Cbntract Act of 1965 (41 USC 357 et seq) Construction Safety Act of 1969 (40 IEC'333 et seq) Longshoremen's and Harbor Workers4 Compensation Act of ,958 , (33' IEC 941 et seq) . National Foundation on Arts and Humanities Act (20 ISC 951 et seq) Standards to be included'are those developed and adopted by the nation ally-recognized standards-setting organizations or which already have been through administrative proceedings: American National.Standards Institute, Inc. (inclusive standards) a * National Fire Protection Association (inclusive standards) . .; . American Society of ficchanical Engineers (standards for boilers snd pressure vessels) . American Society for Testing and Materials (material testing codes) U,,S. Government agencies. Department of Labor (construelion, maritime industry standards) Department of Interior (mining industry standards) .Department of Transportation (transport of hazardous materials, and aviation safety standards) Department of Health, Education and Welfare (standards for water, sanitation, food and beverages) Department of Defense (explosives and Ermumtion standards) 0 CRMC-WKHER-000100 ji Safety and Health Report Page 19 ' " AL-2789 2,, Priorities and revisions . The 450 standards adopted by Ak'SI and NFPA Kill be an early target of revision; 32 per cent are ever ten years old, 28 per cent are between live and ten years old. There are 50 areas Where national standards do not exist or axe inadequate (including manufacturing, primary metal, electrical equipment and supply, transportation equipment, construction and service industries;, . Standards which will now have opportunity for promulgation include several health standards developed by such professional groups,as the American Conference of Governmental Industrial Jfygicnists, the Compressed Gas Association and the Grinding Wheel Institute* The .most likely application of extraordinary powers would be in areas of chemical-exposure (e.g., pesticides in fam industries) and mineral dust hazards (e.g. ? asbestos and coal mining industries). HEW \r on vj iq ^.q CC ^ V, >1 i V *** JL w i L**w k ) -a. A. X j carbon monoxide, heat stress,, ultra-violet exposure and noise. In HEW, the mechanism for recommending standards.criteria and priorities-was included in the task force report forwarded by the Surgeon General to HEW Secretary' Richardson, The task force unit which formulated these recommendations was under chairmanship of Edward Fairchild, director of BOSH's Division of Criteria and Standards Development, The procedures mechanism is an integral part of the NICSH organization; it is not likely that it will be announced before the structure of NJQ5H is announced. . Advisory committees ray be appointed by, the labor Secretary to. assist him in his standard-setting functions. . Each such coiMittes shall consist of not more than 15 members and shall include one or more mashers designated by the HEW Secretary. CRMC-WKHER-000101 Safety and Health Report ^ Page. 20 . - AL-2789 HBfs designees to these corruittees will originate in NZSSf :v3 with the office of Hie Assistant HBh' Secretary for Health retaining . final approval. Task forces struggling to convert BOSH to N10SH have a yet to deal with cormittee appointments formally. Names are being readied, however,, for approval and submission once NJ05H becomes official and its director is named, . / Standards committee members id 11 be drawn from the NIOSH staff of safety engineers and occupational health professionals; their interests are expected to be limited to scientific input with Labor representatives snaking necessary policy decisions, . 3. Appeals, variances and exemptions . This will bo a testing area for Labor's preliminary efforts to gain management and labor cooperation. Some informal and formal con ferences have been held, with Labor encouraging business and union officials, to help tile department - irwilericnt the Act. Labor has remained relatively quiet on discussions of standards, however, under the assump 1 tion that employers- could be expected to comply with reasonable pre existing standards. The Act tried to avoid the use of variance pro cedures to delay employer compliance, but the test will come, when Labor starts to promulgate, modify or revise standards anew. 4. Toxic substances . NIOSH is charged with publishing, before June 29, 1971, a generic listing- of all known toxic substances. The list must be updated annually and must show the concentrations at'which toxicity occurs. The toxicity list to meet the June 29 deadline is currently mder preparation by a task force under Bobbie Kraft, deputy director of the BOSH Division of Occupational Injury and Disease Control. . The basis for the toxic substances list is the current "Threshold Limit Values of Airborne Contaminants" list adopted by the Ajiericiss Conference of Covcrnmcntal Industrial Hygienists for 1970. Th TLY <? f CRMC-WKHER-000102 " ' ' ' Safety and Health Report . * Page 21 - -. ' '. AL-2789 , list contains about'400 toxic agents; BCSH predicts that the list now under compilation will contain about 10,000 agents. Question has been raised, however, about including harmful physical agents--sucb as noise and laser beams--in the list. The law does not specifically require their inclusion but it docs require NIOSH to develop criteria for standards (Sec. 20(a)(3)) on"these hazards. ' ('' ' Q & crmc-wkher.000J03 \ * Safety nhd Health Import Page 22 ' AL-2789 _. _ . 6. ' HI. Data Collection A. Background __ , Employers will have to keep--and make available--records about their activities under the Act. The Labor Secretary, in cooperation ` with the HEW Secretary, has a clear hand in prescribing the kinds of information to be kept. He is required, however, to prescribe regula tions requiring employers to record ->nd periodically report work- related deaths, injuries and illnesses. Exempt from reporting ara minor injuries that'do not involve medical treatment, floss of ccn- ' sciousness, restriction of work or motion, or transfer to another job. ., ', . a' ' . ' . : The Secretary of Labor (in consultation with HEW) shall, also . develop a-nationwide statistical collection and evaluation program which . will-include information on all- disabling,, serious or significant in juries and illnesses whether or not they' involve loss of time from work. Pre-existing mb arrangements with the. states regarding collection of such statistics are to remain in effect until contracts or grants are swarded under the new Act. Grants to states to develop and administer' programs for occupational safety and health statistics are to be shared on a 50-50 federal-state basis. - While the Labor Secretary has the major role in developing and maintaining a program of collection, compilation and analysis of occu pational safety and health statistics, NIQSH also hasimportant statistics gathering responsibilities. , '. - i# '' . - Specifically, NIOGH is charged with collecting information shout potentially toxic substances or harmful physical agents. The Institute may prescribe regulations requiring employers to measure, record and' report exposure of employees to endangering agents. Employers who are required to keep such data, however, may claim full financial assistance to defray any additional costs, ., The statistic-gathering, proposals for NI05H were developed SOSKe time ago by Vernon E. Lose, Jeffrey S. Lee and Howard L. Kuswett, all **-^n '?,***' CKMC-WKHER-000104 Safety anti Health Report Page 23 ' 1 AL-2789 of BOSH's Cincinnati laboratory. They are induced in "National Sur veillance Network for Occupational Hcalth"--a document prepared by, and available from, BOSH, 1014 Broadway, Cincinnati, Ohio 45202. S. Status e. ' 1. Records of employers '' ' ' Tne Secretary of Labor in January 1970 asked ANSI to develop a new national system for' collecting data on occupational injuries and ill nesses. An ad hoc ANSI study group [with broad representation in occu pational safety and health fields, the National Safety Council, manage ment, labor and university professionals) offered recommendations for a Proposed National System for Uniform Recording and Reporting o Occupa tional Injuries and Illnesses-. . The old, voluntary, ANSI reporting standard (2-16.1) had been the only data system for information on injuries and illnesses. The Bureau of Labor Statistics' annual Cooperative- States 'fork Xnjmy Suivey used this, standard when it recorded information voluntarily submitted by about 148,000 business establishments in 19 states (about 1/5 the nation's workforce). . .' The new plan, while still undergoing K>L review, is expected to be in effect by July 1971. Both systems Would continue to be available, although mandatory use of the new definitions would be .required of about 250,000 establishments reporting to the Bureau of Labor Statistics. The new' system would count frequency of injury and illness, but not severity as.under 2-16.1; would count injuries separately fress , incidents of illness; would use a "per 100 employees per year" rate base rather than "per million man hours"; and would simplify and expand the categories of injury and illness beyond the old definition of disabling criteria (i.e., new system includes three categories: death, loss-tiE injuries involving absence from .scheduled work, and illness/injury mjuiiing any visit to a physicist). CRMC-WKHER-000105 Safety and Health Report Page 24 AL-2789 The new system xvl 11 be initiated under the direction of Thomas McArdlc (currently Bureau of Labor Statistics' Acting Assistant Commissioner for Occupational and Safety Statistics). 2. State reporting systems ' The coordinated use of data obtained from, stales was developed under Thomas McArdle about throe montits ago. Preliminary- operations will involve Bureau of Labor Statistics working in. close cooperation with the new Office of Management Data Systems in OSHA. Since pre existing state-DDL arrangements are based on the ANSI 2-16.1 system these must be .converted when the new system takes effect. The 39 states currently participating in the BLS Cooperative States Work Injury Survey program are the most'prepared for the tran sition;. are.iri the best position to obtain statistical program grants, and will provide the best comparison of data obtained under the two different methods of reporting. .' The states with agreements are: Ala,, Ark., Ariz.,, Conn-., Fla., Ga.s Idaho, Ind,, Iowa, Sty., Maine, Mich., Pa.B S.C., Va.-, Wis . and Wyo. 3. WIGS!I responsibilities for data '` Part of KIOSH's statistics collection can be carried out by medically examining and testing workers to determine the incidence of occupational illness and the susceptibility of workers to illness. Precedent for these examinations has been established under the Goal Mine Health and Safety Act (PL 91-173)and implementation is expected to parallel the Goal Act provisions. A task force im&sr leadership of Vernon E. Rose will develop specifications for medics! examinations .that will detail tests to be performed by examining physicians. . CRMC-WKHER-000106 Safety and Health Report Page 26- ' Kft.kft&vX i^sbi'wl+SWS'V.i '> .id-' AL-2789 IV. Research .' , !he overall research called for by the Act will be conducted through N10SH, Ibis, section describes the categories of research and their status, ` A. Health and Safety ^ ' NI0S5I has primary- responsibility to conduct research,, experiments and demonstrations relating to occupational safety and health. The Labor Department has consultation authority. The projects my.be conducted directly.by NIOSB or by grants and contracts with individuals or insti tutions. The law leaves the area for investigation open,, specifying only that the research relate to occupational safety and health, including psychological factors and -innovative approaches to solving occupational safety and health problems. '. This provision is an upgrading of research currently carried out by BOSH. Grants and contracts to outside investigators will follow the current proposal-screening mechanism and award system under BC&H*s Safety' and Occupational Heal tit Study Section, (See Appendix. B for study .section members.) B. Criteria to Describe Harmful Agents On the basis of research, demonstrations, experiments and available information, NIOSH has the responsibility to develop the basic infoma t-ion, qt criteria, on which new standards will be based. Plans are to publish the criteria in documents that will be available to interested persons at the time new standards are proposed. 3n the works by BOSH's Division of Criteria and Standards Developsnout at the present time--partly because of the amotsit of literature avail able--are criteria documents covering carbon monoxide, asbestos and coal-tar pitch volatiles. Another area of concern is sunonis. CRMC-WKBER-000107 Safety and Health Report Pag* 2& . .' '*'.. AL-2789 Following a written request from any employer ot authorised employee representative* NIOSH is required to inspect work places to determine if any substance has potential toxicity in the concentrations normally found in the work place. If NIOSH determines there is a - health hazard* it must notify the employer* employees andD if the sub stance is not covered by a health and safety standard* the Labor ' Department, 0' ' '_ ' . . The inspection proceedings are interwoven in the relationships NIOSH will have with the Labor Department, Fart of the reason for this is an immediate shortage of inspectors; another part is a reluctance by NIOSH's officials to duplicate inspections made by the Labor Inspectors or to over-inspect employers, .. . ' , Three task forces in BOSH have been groping-'with inspection procedures--those concerned with technical assistance* standards and disease roriitoring, . Their proposals are not clear* but the fact that the technical-assistance task force n3S a liana in establishing policy Etay indicate a larger role for state health departments. T- yntfib*,! ty "MpsifTIp f l CRMC-WKHER--000108 ii Safety, and Health Report Page 27 AL-2789 G. New : Research - NIOSH is authorized to conduct special research exploring new occupational safety and health problems--including those that nay be created by new technology. '. * ` This provision is a far-reaching departure from the role BOSH has- had in industrial health, and has the potential of great-impact on indust-ry* In the past,'BOSH has had to rely on employers voluntarily " acceeding to its requests to conduct on-thc-job research; this' provision, together with the right-of-entry precisionp gives NICSH considerable . muscle for fact finding. . . A hey factor in haw ]fIOSH implements this provisions however, will most likely be how much manpower the institute devotes to new research. Another factor, according to BOSH staff members, may well be congressional pressure. Staff members point out, for example, that migratory' laborers are covered bv.-the Act and con;; Me rable congressional pressure could (. build for studies of work safety and health among the migrants. B. Motivational' Research ` .' One key provision directs NICSH to conduct research into the ssotivational and behavioral factors' relating- to occupational safety gnd health. " ' The-main;, and most obvious, area of concern under this provision will be investigations concerned with tlie incidence and effects of alcoholism among employees. Such a program of investigation, however, will, require liaison with the National Institute of f'fental Health and, possibly, a new advisory committee, or study section, to evaluate and process grant applications. E. Low-level Exposure Before Doc. 29, 1971--and annua*3y thereafter*-NTC63f is required to conduct and puh]ish industry-wide studies of the effects of chronic' and low-level exposures- to industrial materials, processes and stresses. ( CRMC-WKHER-000I09  Safety and Health Report Page 28 - t4^..j,'iiv.v. .vd'-u. AL-2789 . Several studies are now underway on- low-lbv&l ensures * (bndueted by BOSH, the studies focus on exposure to uranium coal dust* carbon monoxide and benzene. . Tiie Occupational Studies Oral--recently added from the Matronal Institute of Environmental Health Studies to the agency mix that will become NIOSH--will provide considerable support to this undertaking. The unit has previously been concerned with detecting morbidity and mortality trends for selected occupational groups,, and has emphasized trends in cancer-caused deaths. F. Publication of Research Criteria ' ' The law requires that NT OSH consult with the Labor Secretary in developing its research,, demonstration and experiment plans. . According to BOSH staff members, it is premature to consider research plans until priorities for standards have been defined*- It is clear, however,, that the research guidelines will contain greater controls over the,sdepfists than the guidelines currently in effect for NTH institutes. NIH gives a great deal of leeway to scientific instinct and serindi-pity; NIGSH secs its primary research needs as goal- directed applied research. -- This may mean that more obvious problems-'CaibGn monoxide exposure, for example'-will get first attention simply because a body of knowledge already exists on which research goals can be established. ` CRMc~wkher~oooho &&&&&& l Safety fund Health ftopori Pago 23 ' . . AL-2789 ^' Federal-State Relations . A,, Background The Secretary of Labor can make agreements with states to let them continue enforcing standards 'until final state plans are approved,, or until the end. of 1972,, whichever is earlier. If no federal standard exists for a particular occupational safety or health area,, jurisdiction remains available to the state authorities. ' If federal standards are adopted and the stale wants enforcement responsibilities,, the state must gain the Secretary's, approval of a state enforcement plan. Even if-a state plan is adopted,, the Secretary has three years during which he1 can 'exorcise his own enforcement . responsibilities. ' Several years ago? about half o the states had agreements with Labor for enforcement under the Walsh-Healcy Act. Only six agreements survived:. Calif.* Gann., Mass I* N.J.* N.Y. and SLIr Since no state . arrangement completely met the requirements of the new Act* Labor is starting from tlie base* requesting governors to designate OSH agencies which will apply for Section 18(h) agreements' for continuing state enforcement, Governor-designated state agencies may apply for state grants for projects relating to occupational safety and health statistics* training of/personnel * standards administration or enforcersent. Plan- siing grants are shared 90-10 while program grants are shared SO-SO. Authorization -is for fiscal years 1971 through 1975.. ' _. B. Status .. 1. State plans Between 50-35 states had responded.(as of April 9* 1971) requesting authority to continue state enforcement until the end of 1972 or until a state plan could be developed. The Secretary will issue guidelines for i! i state plans after the agreements' are in operation and after some statefederal experience is developed. Sixty days after the guidelines are crmc-wkher-qooui Safety am! Health Report Page JO ' ,, AL-2789 .. presented, the states must express their intent to.' file a plan within the next nine months. H a state fails to follow this schedule, the agreement can be abandoned and the federal authority can preempt responsibilities in that state. . Labors coordination efforts with state authorities and the financial assistance available mate it likely that states will coop- eratc. Labor wants to encourage state programs, but will continue wording'closely with local officials to assure dial state priorities are the same as Labor's, ' Labor intends to issue guidelines for states seeking planning and program grants as soon as it completes its evaluation of pre-existing state safety and health laws and operations. The department is about a month behind in its scheduled plan to have all initial planning grants issued during May and June. Tnis will create further .delays in the initial schedule estimated for approval and funding of state programs: * Jan.-Feb, 1972 - submission of state program plats May 1972 - approvals completed July 1972 - funding completed ' 2, Health manpower , HIOSH is directed to foster--directly or through grants and cmtracts--education programs to provide an adequate supply of qualified personnel to Implement the Act. Preliminary thinking in BCSH has focused on two hey areas where grants will be made for manpower development: , 1. Medical schools, to develop physicians with occupational health specialties. . ' 2. Community for junior) colleges, to develop two-year certifi cated programs for industrial hygienists. Schools with the best chance for receiving aid from the institute will be those that have occupational medicine or industrial hygiene pro grams already underway or which exhibit a potential for developing such progress. NIOSH planners indicate that some consideration to schools is likely to be given on a regim.il bnsis. CRMC-WKHER-QOO112 *^r1'..n1''`Vt.V;- Safety and Ileal tJ-i Report Page 31 J'4. AL-2789 V. En-TorccrogAt . A Background ._ The Secretary of Labor may enter and inspect any workplace at any , "reasonable times, and within reasonable limits and in a reasonable manner;" Have available to him ar.y' employer's records which he requires; and may subpoena witnesses. Representatives of the employer and the employees have a clu-rice to accompany the DDL inspector during his examination of the wotkpl ace, . NlGSH has the authority to inspect work places and question em-. ployers and employees in order to carry out its responsibilities for record keeping, statistics gathering, medical examination, research, and so on, * KI03-5 has deferred to the Labor Department for -establishing rightof-entry procedures dealing with the enforcement side of IIEh's role. NIQSH Kill, however, develop its own procedures for right of entry for research.projects authorized under See. 20(a)(1) at a later date. Information developed in inspections/investigations can be used . as the basis for a citation specifying'a time by which an employer must correct a violation of the Act or its standards. If the employer fails to correct the violation or if employees object to the tins required, the Secretary notifies the employer of penalties to be assessed and the administrative procedures available to contest the matter. The Occupational Safety and Health Review Cofxiis'sion makes a determination on the matter if there is a' contest, and the Review Comission's order is revievable by ' the U.S. Court of Appeals. If no contest, the Secretary's order becomes final and is not revievable. . Emergency enforcement procedures require the Secretary of Labor to obtain a district court temporary restraining order to counteract imminent danger. Total cessation of operations at the hazard site cannot be ordered, and.expedited administrative-procedures must be started, by the Secretary within five days of the court order. CRMC-WKHER-000113 Safely aivi health ' Page'32 Hiti>***yA*5wvlJlK i.+.lf. *,*miru^XuUfA* iUi.nniaidjjt'k'Jtj4>ik^ fc#-44-1V-'-*U.i-t AL-2789 . Judicial reviews' of Review Commission orders fey the U.S, Courts o Appeals will consider- two tj-pes of petitions: ' 1. By a employer if he contests the Secretary's citation for a violation or notice of proposed assessment of penalty. 2. By the Secretary for review or enforcement of any Review Com mission order. If an employee believes he has been discharged or discriminated against-for exercising any rights afforded him by the Act, he may file a complaint-with the Secretary (whose decision is review-able by the district^court directly). .' . 'Civil anti criminal penalties are specified in Sec. 17 o the' Act B. Status Si 1,, Target Industries Labor has indicated the- ten target industries ("worst first" in terms of injury-frequency rates) as .the most likely to be entered and inspected for purposes of enforcement: longshoring lumber and wood products trucking and' warehousing contract construction foundries < food and kindred products stone, clay, and glass products fabricated metal products rubber and plastic products paper and allied products Labor's criteria for selecting inspection sites combine the statis- tical ranking (frequency and severit; r rankings) with judgment factors. such asP ' -- the degree of catastrophic potential 0 -- the relative need of small operations with limited safety staffs and -- the extent of employee or organized labor complaints. l . CRMC- WKHER-000114 Safety and Health Report Page 33 , ** _ AL-2789 Labor currently is concerned with developing the last factor by encouraging labor interests to establish.health and safety subdivisions (in both the workplace and the union structure). Labor's enforcement responsibilities depend heavily on cooperation from employees. There is concern that labor is even less prepared to cope with the new require ments than either management or the states, 3 Both labor and management interests have to develop organization and staff capabilities for occupational safety and health. Most of the conferences held and planned during the first months of this year concern the newly-created rights and responsibilities. Significant steps into operational changes are being deferred, in many instances, until Labor's inspectors get into the field' in April, Since standards under'the five pre-existing federal contract and service laws remain in effect until superceded by more effective .standards, the Secretary can evoke the old enforeci'ieiu provisions as well. Essenti ally this'would mean tltc Secretary could bar a company from federal con tract work if it violated any of the initial standards. This provision would only apply to those previously covered by the laws, but it gives the Secretary some enforcement flexibility as he starts to implement the Act. These duplicative provisions arc likely to be the- first topic of legislative revision when Labor makes recommendations to the President and Congress during the first three years of operation. ' 2, Review Commission Hie Senate is expected to confirm the three appointments to the CSH Review Commission. Hearings on the nominees were not eventful. Its actual staffing lies ahead. The Act establishes a detailed schedule for enforce ment,' separating abatement from penalties, and balancing procedural pro tections for both employer and employee eights under the Act. CRMC-WKHBR-0001 ] 5 Safety and Health Report Page 34 AL-2789 3. Appealslesc&ti** ,. The provisions for review arc not unusual, but are designed to assert employees' protection against discrimination for providing infor mation or for filing complaints-against an employer Who is violating the Act. The appeals processes are relatively well-established on the manage went level (corporate counsel) and in Labor (Solicitor's office). Con trary to the opinion that this section affords employees new rights,, it : doubtful that the complaint procedureswiil protect workers from being discharged for exercising employee responsibilities. In recognition of this, union representatives are considering alternative to individual ac (e.gij adding safety and health inspectors to union and employee organ).' rations and collective complaint procedures). 4. Training Inspectors Mr - - I I m -- n""|- Iti--- ir-hi- -*A fcl i `I '"ll^'T ``"I ' ., '' ... Tne Secretary of Labor can' establish short-term training programs C -"> (A t*. > -m* n r^Xr- - J Jj I ^ i r-l ^ J ~ *-. 4 > LS*--'UI CJ i. COiiLi U. LbU LH A. 1 t. -k. CJi J <-U Uu^><iU A J Ui UbrA ^ <#% -V* oHU* V* |" * gA * v,. A. Vr 'inspections, investigations, and enforcement responsibilities under the Labor's first class of 27 compliance officers are graduated April 9, 1971. By the end of the month, they will be returning to their regia offices to start inspections: . Philadelphia - 8 officers Chicago - 5 officers Kansas City - 5 officers ' . Atlanta - 4 officers .' . Dallas - 3 officers . San Francisco - 2 officers Each v:eekp a new class of about the same mr.ihor of safety and heal compliance officers will complete the three and one-half weeks of trains in technical standards, the requirements of the Act, state and federal relationships,, and interviewing techniques. o* CRMC-WKHER-000116 . . Safety suet Health Pxport Page 3$ w. AL-2789 . ' <? By April 28, 1971 about 100 inspectors Kill be available for most of the regions. After reaching the peak of about ISO field inspectors. Labor will concentrate on training instructors in probably five occupa tional safety and health training centers Xic'catin5 yet to bo finalised, 4 1 ( . l}'-< CRMC-WKHER-ooOijy ' Safety and [lea] Ih Report Page: 36 ' AL-2789 . APPENDIX A 091A REGIONAL OFFICES AND ACTING AIIDN'ISTRATOIS I - Boston (Conn,, Maine, Mass., N.H.,, R.I.0 Vt.) Lbnald A. Mackenzie .. II - New York City (N.J;, N.Y., P.R., V.I.) (To be announced) _ ' _ ,. . III - Philadelphia (Itel.D.C., Mi. ( Pa., Va. ,, W.Va.) Joseph Petrella IV - Atlanta (Ala., Fla., Ga., Ky., Miss., N.C,, S.C. ,, Tenn.) Basil Needham V ~ Giicago (111., Jnd,, Minn,, 'Mich.,, Ohio,, Wis.) (To be announced) * ., VI -'Dallas. (Ark,La., N.M., Okla.,, Tex.) - John Barto . . Vil - Kansas Laty (Joua, Kan,,Tb., Neb.) Joseph Reidinger . . VIII" Denver (Colo., Mant., N.D.,, S.D., Utah, Wyo.)' Howard J. Schulte . IX - San Francisco (Ariz., Calif., Hawaii, Not.) Warren Fuller ' ' ' X - Seattle (Alaska, Idaho, Ore., Wash.) (To be announced) : . _. . . Cities with Regior.,.1 and/or Area Offices (as of 5-1-71) Albuquerque Atlanta Austin Bal timorc Birmingham Boston Buffalo Butte Charleston ,, Chicago. Cleveland' Columbia, S.C. Dal las Denver Detroit Pt. Lauderdale Galves ton Harrisburg Honolulu Houston Indianappl is Jacksonville Kajusas City, Mo. Little Rock Long '.Beach Los Angeles Louisville, Ky. Miami Miixncapol is Mobile Nashville Newark, N.J. New Orleans New York Norfolk Philadelphia Pittsburgh Portland Providence . San Francisco Santurcc, Puerto Rico _ Savannah Seattle . St. Louis Tampa Washington, D.C. CRMC-WKHER-000118 T :3 i Safety and Health Report Page .37 . . ' t~r * ' - . . C.iX.yijl^4-*^>A m ' U AL-2789 r,. . ^ * APPDtDXX E SAFETY AND OCCUPATIONAL HEALTH STUDY SECTION CHAIRMAN Dr. George E. Briggs . 1972 Dept, of Psychology Ohio State University -. Dr. Donald J, Birmingham 1974 Professor of Occupational Bermlology Wayne State. University . Dr. David A. Fraser 1973s Professor o Industrial Hygiene University of North Carolina Dr. John Vi Grimaldi 1974 . Di rector,, .The Cent or for Safety. New York University Dr. Y. Kipp Liu 1974 Tulane School of Medicine Dept. of Orthopaedic Surgery ' Dr, Thomas H. Hilby 1973 Chief, Bureau.of Occupational Health and Environmental Epidemiology Depi.^of Public Health Berkeley.,. California Dr, Ayub K. Ormcaya- -1971 Associate Neurosurgeon ' Neurology Branch, HIND National Institutes of Health Dr. George C. Snively 1971 Director of Research Snell Memorial Foundation, Inc. Sacramento, California 93S17 ' '. Dr. Kenneth C- Stewart 1973 Director, The Center for Safety New York University . Dr. Lloyd B,, Tepper 1972 . Associate Professor, Env, Health University of Cincinnati. Dr, Julian A. Waller 1971 Professor,.Dept, of Community Medicine University of Vermont College of Medicine Dr,-Stanley N. Wampler 1972 , Federated Medical Resources Philadelphia, Pennsylvania ' LIAISON E PR SENTATIVES_ Col, P. A. Finch Chief, Wound Ballistics Branch Armed Forces Institute of Pathology Col. J. F. Stapp ^ . Principal Medical Scientist National Highway Safety Bureau EXECUTIVE SECRETARY Dr. John P. Bes-ter Office of Grants Administration Bureau of Occupational Safety S Health 1272(1 TwiTsbrpi ok Parkway Rockville, RaryVond 2QE52 CRMC-WKHER-000119 *( i 0 * - AL-2789