The administration and congressional initiatives to reform OSHA, and their impact on small businesses : hearing before the Committee on Small Business, House of Representatives, One Hundred Fourth Congress, first session, Washington, DC, July 26, 1995

United States. Congress. House. Committee On Small Business

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• United States
• Small business

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• Publié par: les_archives_du_savoir
• Nombre de lectures: 10
• Langue: English
• Poids de l'ouvrage: 11 Mo

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A
THE ADMINISTRATION AND CONGRESSIONAL
INITIATIVES TO REFORM OSHA, AND THEIR
IMPACT ON SMALL BUSINESSES
1:104-424.SMY
Congressiona.andAdninistrationThe
HEARING
BEFORE THE
COMMITTEE ON SMALL BUSINESS
HOUSE OF REPRESENTATIVES
ONE HUNDRED FOURTH CONGRESS
FIRST SESSION
WASHINGTON, DC, JULY 199526,
Printed for the use of the Committee on Small Business
Serial No. 104-42
Jm 2 6 1996
Boston
Public Uhr^n,
U.S. GOVERNMENT PRINTING OFFICE
92-764 CC WASHINGTON
: 1996
Government Printing OfficeFor sale by the U.S.
Documents, Congressional Sales Office, Washington,DC 20402Superintendent of
ISBN 0-16-052640-XV THE ADMINISTRATION AND CONGRESSIONAL
INITIATIVES TO REFORM OSHA, AND THEIR
IMPACT ON SMALL BUSINESSES
1:104-424.SI1Y
Congressiona.andAdninistrationThe
HEARING
BEFORE THE
COMMITTEE ON SMALL BUSINESS
HOUSE OP REPRESENTATIVES
ONE HUNDRED FOURTH CONGRESS
FIRST SESSION
WASHINGTON, DC, JULY 199526,
Printed for the use of the Committee on Small Business
Serial No. 104-42
U.S. GOVERNMENT PRINTING OFFICE
92-764 CC WASHINGTON : 1996
Government Printing OfficeFor sale by the U.S.
Sales Office, Washington,DC 20402Superintendent ofDocuments, Congressional
ISBN 0-16-052640-XCOMMITTEE ON SMALL BUSINESS
MEYERS, Kansas, ChcdrJAN
JOHN J. LaFALCE, New YorkJOEL HEFLEY, Colorado
IKE SKELTON. MissouriWILLIAM H. ZELIFF, Jr., New Hampshire
WYDEN, OregonJAMES M. TALENT, Missouri RON
NORMAN SISISKY, ViTiginiaDONALD A. MANZULLO, Illinois
MarylandPETER G. TORKILDSEN, Massachusetts KWEISI MFUME,
FLOYD FLAKE, New YorkROSCOE G. BARTLETT, Maryland H.
IllinoisLINDA SMITH, Washington GLENN POSHARD,
CarohnaLoBIONDO, New Jersey EVA M. CLAYTON, NorthFRANK A.
ZACH WAMP, Tennessee MARTIN T. MEEHAN, Massachusetts
VELAZQUEZ, New YorkSUE W. KELLY, New York NYDIA M.
CHRYSLER, Michigan CLEO FIELDS, LouisianaDICK
JR., Maine WALTER R. TUCKER III, CaliforniaJAMES B. LONGLEY,
WALTER B. JONES, JR., North Carolina EARL F. HILLIARD, Alabama
Arizona DOUGLAS "PETE" PETERSON, FloridaMATT SALMON,
VAN HILLEARY, Tennessee BENNIE G. THOMPSON, Mississippi
PennsylvaniaSOUDER, Indiana CHAKA FATTAH,MARK E.
BROWNBACK, Kansas KEN BENTSEN, TexasSAM
MinnesotaSTEVEN J. CHABOT, Ohio WILLIAM P. LUTHER,
Rhode IslandSUE MYRICK, North Carolina PATRICK J. KENNEDY,
North Carolina JOHN ELIAS BALDACCI, MaineDAVID FUNDERBURK,
WashingtonJACK METCALF,
OhioSTEVEN C. LaTOURETTE,
Jenifer Loon, DirectorStaff
Roslanowick, Minority Staff DirectorJeanne M.
Coakley, Professional StaffRobert E.Patricia Hennessey,
(II)CONTENTS
Page
Hearing held on July 26, 1995 1
WITNESSES
Wednesday, July 26, 1995
Norwood, Charlie, a Representative in Congress from the State of Georgia 3
Panel
Restaurant, Springfield, VirginiaCoratolo, Giovanni, Port of Italy 14
Dear, Joseph A., Assistant Secretary of Labor and Occupational Health 11
McGeady, Eamonn, President, Martin Imbach, Inc., Baltimore, Maryland 17
Palmer, Richard, Vice President and Secretary Treasurer, Palmer Painting
Co., Inc., Amarillo, Texas 22
Roth, William, Finite Industries ofNew Jersey 24
Stone, president, Louisville Plate Glass Co., Louisville, Kentucky 19
APPENDIX
Opening statements:
Meyers, Hon. Jan 48
Poshard, Glenn 51
statements:Prepared
Coratolo, Giovanni 52
Dear, Joseph A 60
McGeady, Eamonn 75
Norwood, Charlie 77
Pahner, Richard 83
Roth, William I 91
Stone, 94
Additional material:
Characteristics of Blood Aerosols Pow-Containing Generated by Common
ered Dental Instruments 105
Letter to Chair Meyers from Assistant Secretary Joseph A. Dear clarify-
ing issues raised during hearing 112
Remarks by President Clinton on the National Performance Review, May
16, 1995 132
The New OSHA, Reinventing Worker Safety and Health 136
Statement by The National Roofing Contractors Association (NRCA) con-
cerning overhaul Implications for Business 170ofOSHA and Small
Comments on Federal Regulations with Adverse affects on member agen-
cies by the American Network of Community Options and Resources
(AVCOR) 177
Statement Asso-by Frank Bomlter, president of Automotive Oil Change
ciation 248
(III)ADMINISTRATION AND CONGRESSIONALTHE
REFORM OSHA, ANDINITIATIVES TO THEIR
IMPACT ON SMALL BUSINESSES
WEDNESDAY, JULY 199526,
of Representatives,House
onCommittee Small Business,
Washington, DC.
pursuant 2:03 p.m., inThe committee met, to notice, at room
House Office Building, the Honorable Jan Meyers2359, Raybum
presiding.(chairwoman ofthe committee)
Chair Meyers. Good afternoon. Today, the Small Business Com-
mittee will hold a hearing on the Administration's and Congres-
sional initiatives to reform OSHA, and their impact on Small Busi-
nesses. This is the second of what I anticipate will be a continuing
series of oversight hearings, which will focus upon what is actually
happened to reduce paperwork and regulatory burdens upon small
business.
As I mentioned during last week's hearing, congressional over-
sight may not attract the press interest that some other legislative
activities do, but I believe oversight should be a hallmark activity
of the Small Business Committee activity.
This fall, we will hold hearings on EPA and IRS initiatives. My
intent is that these hearings wiU provide the basis for the commit-
from now on whether initiativestee to develop a report card a year
to reduce regulatory burdens on the small business are actually
working.
At the White House Conference on Small Business this past
June, President Clinton spoke eloquently on his Administration's
initiatives to reduce the regulatory burdens on small business. He
referred to his March 1995 memorandum, to Department and1,
Agency heads, to make reform a priority. heads were to read all their regn^^ations page by page,
and indicate to him by June 1 which regulations they would elimi-
nate, which which legislative atten-they would modify, and needed
tion in this reinvention exercise.
He demanded performance from the department heads, and
promised week, Sallyresults to the Small Business Delegates. Last
Katzen, the Administrator of OIRA, the President's regulatory traf-
fic presented report on the Administration's progresscop, a status
to implement President'sthe directive.
She also joined in a panel with small business representatives to
discuss how evaluate the thought had useful dia-to results. I we a
Administration, and thelogue between this committee, and the
(1)small business community. I believe there was much common
in this approach.ground and common sense
Today, Secretary Dear will present a progress report on OSHA's
reinvention initiatives, and participate in a panel with small busi-
ness. The Reinventing OSHA Initiative, in response to the Presi-
announced May 5 and showcased thedent's directive, was at White
House Conference.
I appreciate the Administration's and Secretary Dear's willing-
ness to contribute to this kind of forum. I have asked him and our
business witnesses to address what questions would be ap-small
and months from now, to determine wheth-propriate to ask now, 6
er regulatory burdens on small businesses are actually reducing.
Congressman Charlie Norwood will open our hearing. He brings
his experience as a dentist to his work on the Workforce Protec-
of the Committee on Economic and Edu-tions Subcommittee
cational Opportunities, where he has been actively involved in the
legislative effort sponsored by Congressman Cass Ballenger to re-
will commenting on that legis-form OSHA. Our witnesses today be
lative proposal as well.
Let me turn now to our Ranking Minority Member, Mr. LaFalce,
for any opening statement that he would wish to make.
LaFalce. I thank very much. Madam Chair. First of all,Mr. you
opening statement in the record.I would offer my
Chairwoman Meyers. Without objection. So ordered.
Mr. LaFalce. I would like to make some personal remarks. First
all, I want congratulate you for continuing these oversightof to
I long believed that is the most important work thathearings. have
hearings on the im-our committee could do, when we had oversight
plementation and Administration ofOSHA last year, and Assistant
Secretary Dear and many others came and testified, and so IJoe
this all the time.welcome him back, and we should do
inThere is a difference this year though. I detect a gleam the
individuals who are talking about reform, and thateyes of some
in reform. Theygleam tells me that they're not so much interested
would really like to emasculate OSHA, if not eliminate OSHA.
explicitly, but ifyou read between the lines,They won't say that
is difference makingthat's pretty clear. Now, there a
OSHA operate in a better manner something that I think we all
want to do and really trying to emasculate it's effectiveness.
Second, we very often pit employer against employees; saying the
employee should for OSHA, and the employers should be againstbe
it, and that is such a false dichotomy. It's in the interests of every
single employee, and every single employer to have a good OSHA.
A good OSHA is going to mean more knowledge, a better and safer
work going make for much better, safer, andplace, and that's to a
more profitab