Masonry Magazine August 1997 Page. 10
OSHA Reform
OSHA has been criticized for overbearing regulations with insufficient gains in safety. In the construction industry, with its unique nature where every construction site is different, presenting a new set of safety issues, there has been a lack of appreciation by OSHA of these problems. Construction is often lumped in with other businesses who do not have constantly changing working environments.
Current legislation is focused on forcing the agency to spend more on education and consulting than on enforcement.
According to MCAA Legislative Chairman Paul Clements, the association would like to see numerous changes in the way OSHA operates. "We would like to see OSHA allow inspectors to reduce fines for paperwork violations when companies have good safety records; allow warnings in lieu of citations in certain circumstances; shift focus of the agency from enforcement to education and consulting; allow for third parties to conduct safety audits instead of OSHA inspections; use employee responsibility and participation as the foundation for jobsite safety; and require OSHA to justify new regulations through cost/benefit and risk assessment analysis."
Additionally, some are looking for a provision banning hold harmless clauses for OSHA fines which should be included in any OSHA reform bill. Currently, it is the practice for some general contractors to require that subcontractors indemnify the general contractor for any OSHA fines that might be issued to the general contractor because of their management of the project. This places an unfair burden on the subcontractor and undermines the basic public policy of employers taking responsibility for their own actions. Through these hold harmless clauses, general contractors are able to abrogate their responsibilities for worker safety and health and have no incentive to maintain overall jobsite control.
Currently, there are several bills in congress to reform OSHA. Only one, S.461 sponsored by Senator Kay Bailey Hutchinson (R-TX) includes language to prevent general contractors from passing their responsibility to the subcontractors.
Chairman of the House Subcommittee on Workforce Protection, Representative Cass Ballenger (R-NC) has been holding hearings.
MCAA Members Impact the Legislative Process
Twenty four contractor members of the Mason Contractors Association of America attended the Construction Industry Legislative Conference in Washington D.C. During the Conference, contractors had an opportunity to meet with Representatives and Senators and their staff to discuss issues facing the construction industry. Of primary concern to those mason contractors attending was OSHA Reform, a possible Ergonomics Standard which may be issued by OSHA later this fall, and tax relief.
Attendees found that the timing of their visit was unique. During the Washington visit, the House Ways And Means Committee came out with a tax reform bill which will be part of the budget deal that was agreed to by congressional leaders and the president.
"We were there right at the perfect time" said Tom Daniel of GBC Masonry in Perris, CA. "Our Congressional leaders had an opportunity to talk to us about the new tax bill which include estate and capital gains tax relief. More importantly, we had an opportunity to voice our concern over the minimal estate tax relief that is included in the bill," Daniel said.
Contractors who attended the Conference were briefed on the issues, then had an opportunity to meet with their elected officials to educate them on how key legislative issues will impact small business. Most of the attendees found a willingness on the part of most senators and representatives to openly listen to their concerns and attempt to find solutions. "I was impressed with how accessible my elected officials were in meeting with me to discuss my concerns," said Terry Mulligan of Mulligan Masonry.