As you know, I strongly supported the Steiger bill which passed the House including provisions to permit a grace period between notice of most violations and formal citations. Regrettably, this provision was defeated in conference with the Senate.

I have talked with Congressman Steiger and Labor Department officials about the possibility of amending the legislation. The unanimous view is that this is not possible for the foreseeable future, certainly not in this Congress. In fact, Mr. Steiger feels if amendments to OSHA were considered now, the likelihood is that union support might lead to an even more stringent bill, not one that is more moderate.

The one alternative I have come across is an idea that has not as yet been fully developed, but would involve a greater effort in the private sector, perhaps through Chambers of Commerce. The enclosed article from the National Safety News describes a local Chamber effort in the McKeesport, Pennsylvania area through which Chamber personnel conduct plant inspections. My thought is that it might be possible to train lay inspectors who might even be permitted to accompany OSHA personnel on official inspections, and then later conduct unofficial pre-inspections at which they could accurately reflect OSHA inspection policy and enable businesses like yours to correct problems before an OSHA inspection

occurs.

I'd be interested in your reaction to this idea. Perhaps you could explore it with your local Chamber. I have asked the Labor Department for its views on whether this would be possible. When I have their response, I will be in touch with you.

Thank you again for bringing this matter to my attention. I will do all I can to alleviate the present situation which is such a burden to yours and other small businesses.

With best wishes, I am

Cordially yours,

SILVIO O. CONTE,
Member of Congress.

[From National Safety News, April 1972]

COOPERATION AIDS SMALLER PLANTS IN OSHACT COMPLIANCE

A LOCAL CHAMBER OF COMMERCE SAFETY COMMITTEE PROVIDES INFORMATION, INSTRUCTION, AND AN INSPECTION SERVICE TO BRING LIGHT TO "SAFETY'S APPALACHIA."

(By Herbert K. Bollenbacher, manager, Training and Development, Pittron a Textron Company, and chairman, Mon-Yough Chamber of Commerce Safety Committee, McKeesport, Pa.)

Recent surveys and magazine articles have indicated there are few safety resources presently available to the small plant with no safety program or expertise, compared to the tremendous need. Small companies and plants have been referred to as "Safety Appalachia."

Early this year Arthur Parker, executive vice-president of the Mon-Yough Chamber of Commerce with headquarters in McKeesport, Pa., in recognition of this need and to further the policy of the chamber in effecting means to conserve total community resources of both people and property, requested the chamber's safety committee to expand its program to include plant inspections, monthly luncheon seminars, written accident-prevention or loss control programs, cosponsorship of the NSC Keyman Development Program with the Western Pennsylvania Safety Council and the Community College of Allegheny County, and advisory briefings. The committee was serving the 18 communities in the MonYough (Monongahela and Youghiogheny Rivers) area with McKeesport as its hub.

The committee's goal is to assist each employer in the Mon-Yough area to involve his employees in making places of employment free from recognized hazards and ensuring that they are in compliance with the specific federal and state safety and health standards.

In March, Edward S. Hilty, executive vice-president, Carbidie Division-Aiken Industries, requested the safety committee to consider an inspection of his plant

in the McKeesport area. The members of the committee were: Frederick A. Auretto, supervisor-employment and safety, Fort Pitt Steel Casting (a Division of Conval Corporation); Leon A. Welgs, safety engineer, U.S. Steel Corporation, National-Duquesne Works; Larry Nosich, general supervisor-safety, U.S. Steel Corporation, Clairton Works; Herbert K. Bollenbacher, manager-training and development, Pittron (a Textron Company). They met with Mr. Hilty and reviewed with him the plant operations, layout, staffing (number of employees, types of jobs, etc.) and specific safety concerns. After this pretour briefing, Hilty and Ross Allman, plan manager, accompanied the four-man team on a systematic inspection. (This format has been successfully used in subsequent inspection tours of other plants).

During the tour, plant housekeeping, exit markings, fire extinguishers, machine guarding, electrical grounding, aisle markings, floor and walking surfaces, stand grinders, gas and oxygen cylinders, toilet and locker room facilities, lifting equipment, employee safety equipment utilization, etc. were surveyed against OSHAct regulations and promulgated standards of compliance.

At the end of the inspection tour, a post-tour meeting was held in which each member of the inspection team reviewed his list of recognized hazards or noncompliance items, and recommended procedures for compliance were discussed in detail. Prior to leaving Carbidie, the committee gave Hilty background information on accident prevention in the form of safety booklets, supervisory guide pamphlets, posters, and copies of model accident prevention or loss control programs.

Since the survey, the safety committee has assisted Hilty in writing and implementing a progressive accident-prevention program for Carbidie.

Mr. Hilty said later, in assessing the value of the services provided by the chamber's safety committee, "I was very much impressed by the willingness of these dedicated, safety-oriented individuals to make their services available to my company at no charge. Their inspection was thorough and efficient. Areas that could be considered not to be in compliance were noted and recommendations for improvement were offered. I felt that this group had a sincere interest in helping me prepare for future federal and state compliance reviews. Since this inspection, I have enthusiastically recommended this service to other smail companies in the Mon-Yough area."

Plants ranging in size from 60 to 250 employees have utilized the committee's inspection service.

In conjunction with the inspection service, the committee assists in the writing of a comprehensive accident-prevention or loss-control program tailored to meet the need of each plant or company. With the adoption of the accidentprevention or loss-control program the committee assists with its implementation. The committee stays abreast of developments to assure itself that a favorable trend is resulting from their advice.

The concerned companies or plants are encouraged to request follow-up instructions or advisory meetings.

Each month the Mon-Yough Safety Committee meets on the first Tuesday to review requests, discuss questions, and plan subsequent programs. On the second Tuesday of each month the safety committee sponsor a luncheon seminar. In the past six months three of the luncheon seminars have been on OSHA. To keep all members and levels of management in small companies and plants knowledgeable concerning the federal and state regulations, two of the other Mon-Yough Chamber Committees or affiliates have supported and assisted the safety committee by having federal and state officials speak on OSHAct. Two recent meetings featured:

• An Industrial Relations Roundtable, led by Harry Lacey, OSHA Administrator for Western Pennsylvania;

• A plant management program, sponsored by the Mon-Yough Management Association, where Mike Kistler, Pennsylvania Bureau Occupational and Industrial Safety, spoke and answered questions.

Through these meetings, more than 150 company officers, managers, supervisors, and staff personnel have been made aware of the implications of this landmark legislation.

In order to assist the small companies and plants in training their management personnel, the Keyman Development Program, sponsored by the National Safety Council, was offered locally in co-sponsorship with the Mon-Yough Safety

Committee, the Community College of Allegheny County, and the Western Pennsylvania Safety Council. Subjects covered in the course were:

(1) Safety and the supervisor;

(2) Know your accident problems;

(3) The human element;

(4) Maintaining interest;

(5) Safety instruction;

(6) Employee health;

(7) Personal protective equipment and safe clothing;

(8) Industrial housekeeping;

(9) Materials handling and storage;

(10) Machine guarding;

(11) Hand and portable tools;

(12) Fire prevention and control;

(13) Preparing for federal and state inspections.

From its plant inspection surveys and monthly luncheon seminars, the safety committee has come to recognize the need to put OSHA standards into language that small-company executives can understand and put into practice. Therefore, it is now presenting one OSHA standard at each monthly luncheon seminar. It will also conduct a one-day "OSHA Standard Seminar" on May 4 in cooperation with Allegheny Community College South Campus. The United Steelworkers union is one of the many groups expressing interest in this seminar.

The small companies and plants in the McKeesport area have said that they are very fortunate to have excellent safety services available through their Mon-Yough Chamber of Commerce.

Typical of the grateful response to the program are these comments from a letter written to the committee by D. Y. Clem, president, McConway & Torley Corp.:

"We were impressed with the approach as well as the knowledge . . . and the experience utilized in the inspection and discussions. We think this activity is an excellent one for the Mon-Yough Chamber of Commerce, and the members of this group are to be commended for their devotion and helpfulness. . . . We also want to thank the companies for their unselfish approach to the subject and for permitting their specialists to take time from their regular work to devote it to those who have less experience and exposure in the field, but whose need for help is great. . . ."

THE DU MONT CORPORATION, Greenfield, Mass., March 16, 1972.

Reference: Letter of March 3, 1972 OSHA.

Hon. SILVIO O. CONTE, MC,

Cannon House Office Building,

Washington, D.C.

DEAR REPRESENTATIVE CONTE: Thank you very much for your speedy response to our letter above. We received a phone call from Mr. Edward Mendenhall of OSHA, in Washington, today.

He was most cordial and responsive in his offer to help answer questions and discuss our problems, as well as discuss OSHA in general. Mr. Mendenhall has also offered to try to find us references to several specific questions we had. I am sure his efforts will be of help, but there is a limit as to what can be described and fully understood on the telephone. Some situations, layouts, etc. simply must be seen to be completely visualized.

I do not mean to pre-judge the present approach and greatly appreciate the time and effort both you and Mr. Mendenhall have spent in helping us. I do, however, still strongly feel that there is a definite need for on site help in complying with the new safety regulations.

The large corporations have had their safety programs and safety engineers for many years. We small business, very frankly, have not.

Health and safety administration is new to us. The law is technical and complex. We want to comply, but don't know all the requirements. We have limited funds and must spend them on projects that are necessary and yet comply with the law. We can't afford to correct something and then have it be wrong.

I know that we are not alone in our confusion. Conversations with other small businessmen, machine shop owners, garages, woodworking shops, etc. all express the same feelings. Everyone is concerned about the law, they all want to comply but really don't know exactly what they have to do; what will pass; what won't; what will the inspector accept; what won't he accept?

According to the law our employees can report alleged safety violations and get an immediate OSHA inspection. We as employers, trying to comply with the same law, cannot get a voluntary inspection to find out if we meet the laws requirements without being subject to a formal inspection and fine. Why can't the employers get the same rights as their employees? Wouldn't it be better to provide channels for the employer to correct his own mistakes along with allowing the employee to report safety violations that some employers wouldn't otherwise correct.

It is my understanding that this law is supposed to be continually under review and change. If so, I strongly urge that the law be modified to allow (1) voluntarily requested compliance assistance inspections, without fines, from OSHA or (2) technical help from the S.B.A. in the area of safety compliance with emphasis on providing specific "nuts and bolts suggestions" on what we as small businessmen, have to do to get our shops in order.

Very truly yours,

P. R. ELLIOTT, Plant Superintendent.

Reference: Your letter of 15 May 1972.

Hon. SILVIO O. CONTE, M.C.,

THE DU MONT CORPORATION,
Greenfield, Mass., June 12, 1972.

Representative First Massachusetts District, Cannon House Office Building, Washington, D.C.

DEAR CONGRESSMAN CONTE: I have, today, discussed your suggestion of greater private sector involvement and self help in solving O.S.H.A. problems with the Directors of the Franklin County Area Chamber of Commerce.

A committee will be appointed to explore several possible areas in which the Chamber might be of assistance: (1) Promoting O.S.H.A. related seminars. (2) Possible joint Chamber-Greenfield Community College involvement in Safety Education. (3) Explore the formation of a safety committee to conduct unofficial pre-inspections using qualified area personnel.

While all agreed that items (1) and (2) might help "educate" area businesses about O.S.H.A., the question remains about the un-official inspection approach. Will the "blind be leading the blind"?

If this self inspection procedure is to work I feel we must have O.S.H.A. assistance such as you suggested in your letter.

Due to summer vacations rapidly approaching, I do not feel our local Chamber will be able to accomplish very much until Fall, but I will try to push the issue and keep you informed of any progress.

On a related matter, your kind invitation to testify on O.S.H.A. related problems affecting small business has been received and I look forward to appearing and meeting you again.

Very truly yours,

P. R. ELLIOTT, Plant Superintendent.

Mr. CONTE. He is one of those public spirited citizens who has gone. out of his way to help his fellow citizens. I only hope this subcommittee, as a result of these hearings, will be able to give Mr. Elliott and other citizens the help that they need and deserve.

Thank you.

Mr. HUNGATE. We look forward to your testimony.

Mr. ELLIOTT. Chairman Hungate, Representative Conte, members of the Subcommittee on Environmental Problems Affecting Small Business, I do represent small business. We have 30 people in our plant.

Let me begin by stating that as a small businessman I am not looking for an exemption from the provisions of the OSHA Act. Our employees should be entitled to a safe workplace as well as anyone else.

80-497-72-15

What I am looking for is assistance in interpreting and complying with the law as well as commonsense enforcement when applying this law to small businesses.

Our biggest problem in the past year has been trying to determine just what does the law require? As you know, the Federal Register outlining the act is quite lengthy and not easy to interpret.

The large corporations have had their safety programs and safety engineers for many years. We small businesses, very frankly, have not. We simply cannot afford a full-time safety expert to interpret the law and know every detail of compliance. The burden of complying and getting our older plants up to date must fall on the present supervisors. I readily admit we are far from expert.

Conversations with other small businessmen, machine shop owners, garages, woodworking shops, and so forth, all express the same feelings. Everyone is concerned about the law, many want to comply but they really don't know what to do. What will pass, what won't; what will the inspector accept, what wont' he accept.

We have limited funds and must spend them on projects that are necessary, yet comply. We can't afford to correct something and then have it be wrong.

Calls for help to such agencies as the Western Massachusetts Safety Council, Associated Industries of Massachusetts, our insurance company and machine tool manufacturers have not done much good. No one wants to go out on a limb to make a decision as to what OSHA will accept.

Let me quote several answers we received when requesting OSHA compliance information.

Let me give you examples of the types of answers we have received. These sources had been suggested by our area director at an OSHA seminar.

First, the insurance company after an onsite inspection of our plant : "Although we have undertaken to assist you in the area of safety during our general survey of the premises, the observations made are not meant to imply that every loss producing condition has been uncovered nor are we in a position to advise you whether you are in compliance with the OSHA Act of 1970 or any similar law."

Several major machine tool manufacturers replied as follows: "At the present time we are not in a position to provide you with any specific information on the OSHA regarding requirements for the Bridgeport vertical milling machine.

"The reason for this is that there is still much definition and clarification that has to be given by OSHA as it appplies to our products." "Brown and Sharpe Manufacturing Company is presently endeavoring to determine and execute the actions necessary to bring all present design machines into compliance with the Occupational Safety and Health Act. In view of this urgent and very sizable responsibility we cannot direct attention to a similar effort for designs not in current production."

From other manufacturers we received no response at all.

OSHA itself is not in a position to help either. According to them, any visit must mean an inspection. Violations found in such a voluntarily requested visit would be subject to the same fines and citations as a formal inspection.