UNITED STATES OF AMERICA Q:ongrrsslonal Rrcord

st PROCEEDINGS AND DEBATES OF THE 9 I CONGRESS SECOND SESSION

VOLUME 116-PART 27

OcrOBER 9, 1970, TO OCTOBER 14, 1970 (Pll<7ES 35917 1rO 37262)

UNI1rED STATES GOVERNMEN1r PRINTING OFFICE, WllSHINGTON, 1970 36508 CONGRESSIONAL RECORD -SENATE October 13,1970 ought not be dispersed throughout the Office A bill (S. 2193) to authorize the Secre­ the disagreement. But tlte fundamental of Education, not administered by bureaus tary of Labor to set standards to assure point is that the bill is extremely impor­ which are also responsible for other programs safe and healthful working conditions tant and extremely desirable for all the involving greater amounts of grant money. The Committee believes that the environ­ for working men and women; to assist workers. ment education program should have viabil­ and encourage States to participate in I doubt very much that the bill could ity and that its Director should have suf­ efrorts to assure such working condi­ be finished in the 24 or 36 hours we have ficient stature as to ha,-e direct access to the tions; to provide for research, informa­ remaining. The Senator from Colorado Commissioner. MQreover, the administrative tion, education, and training in the field (Mr. DOMINIcK)-whether he does so by unit charged with responsibility for the pro­ of occupational safety and health; and a substitute or by amendment-he has gram ought to be staffed with a sulficient for other purposes. some 19 amendments, I understand. number of specialists. If the environmental education program is placed in one of the The PRESIDING OFFICER. The Every one of them is substantive and is present bureaus, its Director would be at question is on agreeing to the motion to not a facade or an efrort to delay the least three degrees removed from the office proceed to the consideration of the bill. matter. of the Commissioner and would have to com­ The Senator from New York is recog­ However, Mr. President, I hope the pete with other programs for personnel, at a nized. Senate will proceed to the consideration time when adequate staffing and proper ad­ Mr. JAVITS. Mr. President, a parlia­ of the bill. At the very least, if we can­ ministrative direction are difficult problems mentary inquiry. not finish it by tomorrow night, it will for the Office of Education. be the pending business when we return. It is for these reasons that the committee The PRESIDING OFFICER. The Sen­ recommends the establishment of the Office ator will state it. We can pass the bill, and it should be of Environmental Education by law. Further, Mr. JAVITS. Mr. President, am I cor­ passed. It is a critically important piece the committee recommends, in section 3(d), rect in assuming that the motion is of legislation. language which permits appropriations to be debatable? I hope that Senators will not be con­ used for the administration of the program. The PRESIDING OFFICER. The mo­ fused and believe that the amendments The intent of Congress to establish an tion is debatable. represent management-labor differences. independent office in the Office of the Mr. JAVITS. Mr. President, I would In all honesty, most of them do not. Commissioner is unequivocably clear. like to be recognized, if I may, for a The bill should be passed. moment. Will the Senator from Montana Mr. President, I think it is important yield to me? and fair to -rebut any idea that any Sen­ OCCUPATIONAL SAFETY AND Mr. MANSFIELD. I yield the floor. ators have sought to stall the bill and not The PRESIDING OFFICER. The Sen­ come to grips with it. The idea that this HEALTH ACT OF 1970 ate will be in order. Senators and staff should be challenged and debated and Mr. MANSFIELD. Mr. President, I ask members will take their seats. that it should have the deliberate con­ unanimous consent that the pending Mr. JAVITS. Mr. President, I am the sideration of the Senate is only fair. business be temporarily laid aside and ranking minority member of the com­ Mr. President, the bill has not been that the Senate turn to the consideration mittee. I have labored long and hard acted on in the other body. It obviously of Calendar No. 1300, S. 2193, and that with the Senator from New Jersey (Mr. will not be. So, there is no prejudice to it be made the pending business. WILLIAMS), the Senator from Colorado the American workingman if it is con­ Several Senators addressed the Chair. (Mr. DOMINICK), the Senator from Ohio sidered by the Senate after the recess. Mr. RUSSELL. Mr. President, may we (Mr. SAXBE) , the Senator from Pennsyl­ Efforts will be made to amend the bill. please have order? vania (Mr. SCHWEIKER), and many other I will oppose most of them. The PRESIDING OFFICER. The Sen­ Senators on this bill. I hope very much that the Senate will ate will be in order. The bill will be stated Mr. President, I have been very deep­ vote to consider the bill. by title. ly interested in the bill. Itis an extremely The PRESIDING OFFICER (Mr. The ASSISTANT LEGISLATIVE CLERK. A important measure. It covers almost all CASE). The question is on agreeing to the bill (S. 2193) to authorize the Secretary the workmen of the country. It is a land­ motion of the Senator from Montana. of Labor to set standards to assure safe mark piece of legislation; it contains Mr. DOMINICK. Mr. President, I have and healthful working conditions for many flne provisions. Undoubtedly it will listened with great interest to the com­ working men and women; to assist and become law, whatever may happen to it ments made by the distinguished Sena­ encourage States to participate in efforts today. tor from New York. We are really being to assure such working conditions; to There has been a very unfortunate con­ asked to consider an extremely important provide for research, information, edu­ notation placed upon the matter of bill, important to the unions, to the work­ cation, and training in the field of oc­ whether the bill should be brought up at ing men, and also to the country as a cupational safety and health, and for this time so that it could be considered whole, because it affects every business other purposes. before tomorrow night. It has been al­ in the country. We are being asked to do Mr. MANSFIELD. Mr. President, if I leged that some Senators are trying to this in the closing days of this session may, in moving that the pending busi­ stall it ofr. before recess when we have before us not ness be laid aside temporarily, I ask that I do not think that is fair. There is a only this bill, but also the military con­ it remain in that status until the con­ difference between the labor and man­ struction authorization conference re­ clusion of the morning business tomor­ agement point of view. Management port, an agricultural bill, and very likely row. seems to feel very strongly that the pro­ other bills, all of which are of enormous The PRESIDING OFFICER. Is there cedure outlined by the administration­ importance to the country. objection to the request of the Senator and I authored the administration's orig­ We have,.aslar as this bill is con­ from Montana? inal bill; so I ought to know about it­ cerned, a number of amendments which to wit, a procedure for a Board to set will be offered by different members of Mr. DOMINICK. Mr. President, I would standards and a Commission to deal with the committee, which will require votes. like to make sure what the situation is. We have a substitute which I have in­ Do I understand that the Senator is ask­ enforcement is the more intelligent way ing for unanimous consent on this re­ to proceed. On the other hand, the point troduced, but not authored, which takes of view of organized labor is that the Sec­ aditrerent approach to the problem and quest? retary of Labor should perform both which I think is a far more equitable ap­ Mr. MANSFIELD. The Senator is cor­ functions. proach than the approach of the com­ rect. Mr. President, in the dispute which mittee reported bill. Mr. DOMINICK. I object. has arisen over certain prOVisions of this It seems to me, with all these really Mr. MANSFIELD. Mr. President, I bill there has been a complete failure to important factors, consideration of the move that the Senate turn to the con­ recognize the potentiality of the bill and bill at this tiIlle will be a pretty bad sideration of Calendar No. 1300, S. 2193, the fact that it is generally an excellent .mistake. . that it be laid before the Senate and bill and contains some very important I know that there are Members on our made the pending business. safeguards. However, there isa. great side and on the other side of the aisle The PRESIDING OFFICER. The bill deal of difrerence of opinion on certain that feel the same way. That was why will be reported. matters. Although I have my views-and objection was made to the unanimous­ The assistant legislative clerk read as I tried to work them out on the commit­ consent request· that"· had .. been pro­ follows: tee-I think there is some substance to pounded on two ot~er occasions. October 13,1970 CONGRESSIONAL RECORD -SENATE 36509 I certainly do not want to be in a ministration. The President indicated in COMMITTEE MEETING DURING position where we are being held up to his last message, which was about 5 SENATE SESSION the world as though we are against oc­ weeks ago, that this bill, this entire leg­ Mr. LONG. Mr. President, I ask unani­ cupational health and safety. That would islative package dealing with occupa­ mous consent that the Committee on be a pretty dumb position to take. I do tional health and safety in an area Finance may meet during the session of not think that any of us are that dumb. where accidents are mounting and dis­ the Senate this afternoon. We are trying to deal with an enormous ease is mounting, is vital to the country. The PRESIDING OFFICER. Without problem in our country. As the President said, we are three gen­ objection, it is so ordered. The bill covers every business affecting erations overdue in enacting this commerce in the entire United states, measure. ranging anywhere from a big steel com­ Rather than coming to us in haste, ORDER OF BUSINESS pany to a shoeshine shop. this measure has been before us a long I think it would be a mistake on such time. The committee has labored long Mr. SPARKMAN. Mr. President, will an important bill, affecting commerce as and productively in bringing tIlis bill to the Senator yield to me briefly? it does, to try to bring it up no more than the floor of the Senate today, with this Mr. WILLIAMS of New Jersey. I yield. 24 hours before we adjourn to go home motion to take up the matter. for the recess, when we know that the Mr. JAVITS. Mr. President, will the VISIT TO THE SENATE BY A DELE­ House is not going to act on it at all Senator yield for a unanimous-consent GATION FROM THE PARLIAMENT before the recess. request? OF INDIA I suppose that the motion having been . Mr. WILLIAMS of New Jersey. I yield. Mr. SPARKMAN. Mr. President, I have made the leadership probably is not go­ PRIVILEGE OF THE FLOOR ing to want to withdraw it, but I feel we asked for this time in order that I might Mr. JAVITS. Mr. President, I ask have the privilege of presenting to the are not approaching this in a proper waJ unanimous consent that the minority or with the proper opportunity to con­ Senate a very distinguished group of counsel of the committee, Eugene Mittel­ parliamentarians who are visiting us at sider the bill. The repOrt on the bill has man, be admitted to the Chamber. been out about 1 week. I wish to ask the this time. I refer to five members of the The PRESIDING OFFICER. Without legislative bodies of India, led by the Senator from New Jersey if that is cor- objection, it is so ordered. rect. . Honorable Gurdial Singh Dhillon, the Mr. WILLIAMS of New Jersey. Mr. Speaker of the Lok Sabha, or what we Mr. WILLIAMS of New Jersey. The President, I yield to the Senator from senator is correct. would call the Speaker of the House, and Minnesota. four of his colleagues. Mr. DOMINICK. We have also been Mr. MONDALE. Mr. President, I do not A year ago the Interparliamentary engaged in an enormous amount of other wish to delay the Senate but I strongly Union met in New Delhi. Many of us had business in the meantime so that the endorse the observation made by the dis­ the opportunity to know these gentlemen. concentration of Senators has not been tinguished Senator from New Jersey in Speaker Dhillon presided over the ses­ on this matter up to this point. support of the motion of the majority sion of that Interparliamentary Union I am not goingto take a negative posi­ leader to take up the occupational health Conference while we were there. These tion on b1:inging it up if. the leadership and safety bill. I know of no other meas­ gentlemen are really paying us a return insists it should be done. ObviouslY it is ure which has been more carefully ana­ visit. They arrived just last night. They for them to determine what is before the lyzed by the Committee on Labor and plan to be in this country about 3 weeks Senate. It is not for me to say, but Public Welfare and the subcommittee, and to visit many parts of the Uni~ rather it is for the leadership to say. than this measure. We have understood States. I think in presenting these arguments the serious and profound necessity of Mr. President, it is a genuine pleasure we have many amendments and ~n en­ having reforms in the field of occupa­ to have these representatives of that tire substitute for the bill. There is no tional health and safety. great country here today. I ask unani­ doubt in my mind that if anyone wanted I remind Senators that it is estimated mous consent that I may have printed in to follow that course, this matter could that 55 workers die every day because of the RECORD a short sketch regarding each go over until after the recess, probably the failure to have adequate occupa­ of our distinguished visitors. without ever coming to a vote. I have tional health and safety legislation; that There being no objection, the sketches indicated from time to time that I am 14,000 Americans lose their lives every were ordered to be printed in the RECORD, willing to vote on a substitute, but I year because of the failure to have the as follows: have been told there will be many clari­ kind of legislation we should take up to­ INDIA: GURDIAL SINGH DHILLON, SPEAKER OF fying amendments to the original bill day; and that 2.5 million workers suffer THE LOK SABHA and many clarifying amendments to the serious and permanent disability because Sardar Gurdlal SIngh Dhlllon, former law­ SUbstitute, and the chances of getting of the failure to have this kind of legisla­ yer. journalist and army officer, was unanI­ unanimous consent to have a vote on the tion. mously elected Speaker of the Lok Babha substitute on an up and down basis is not We have worked long and hard on this (lower house of Parliament) on August 8, likely. , matter. I do not think there is any meas­ 1969. SInce 1967 he has been a member of Under those circumstances it seems to ure before this body that is anywhere the Lok Sabha and has served as chaIrman me we are kind of exercising a lot of lung of Its PUblic UndertakIngs Committee. A near as important or which rates a member of the Congress Party sInce 1937. power without getting anywhere, when higher priority than this legislation. I Dhlllon resigned from the Party on hIs elec­ we could put this over until after the re­ believe the Senate has a duty after these tion as Speaker in order to act impartially cess when senators will have had a months of efforts, exhaustive hearings, at parliamentary sessIons. chance to read the bill and study it in and long and fully exploratory executive Dhlllon, the son of an arIstocratic Sikh the interests of the working man and the sessions, and after this measure has been family of the Punjab, was born on August 6, rest of the country. pending before the full Senate for sev­ 1915 in the vlllage of Panjwar. In 1935 he Mr. WILLIAMS of New Jersey. Mr. eral days, to bring up this matter, act on received a B.A. degree from Government President, it should be pointed out that College in Lahore and in 1937 ad LL.B. de­ it, and do justice to American workers. gree from the University Law College in the Occupational Health and Safety Act We can act on this measure and we Lahore. In about 1936 he was commissioned has been introduced and has been be­ should. To delay would be regarded as in the army and also became active in the fore the Senate for well over a year. The failure by this body to deal with one of independence movement. Because of his ac­ urgency of considering this vital meas­ the most heartbreaking and compelling tivities, the British expelled him from the ure has certainly been highlighted by issues of our times. Dehra Dun Military Academy. During 1937­ the President. This legislation is on the I cannot too strongly speak in support 47 he intermittently practiced law in the list that is considered to contain mat­ of the majority leader's motion. Armitsar area.. It is not known whether he ad­ still retains his commission but in 1953 was ters of greatest importance to the listed as a colonel in the Indian Army. ministration. Dhillon joined the Congress Party in 1937 Of course, there are differences among ORDER OF BUSINESS and until 1952 was active in local Armltsar some of us as to one detail-and many politIcs and in the freedom movement. He details have been worked out in long Mr. LONG. Mr. President, will the Sen­ was twice imprisoned for anti-British activi­ committee sessions-in that we have not ator yield to me brie~? ties, one time during 1946--47 in Lahore for worked out accomfnodation with the ad- Mr. WILLIAMS of New Jersey. I yield. leading an Independence protest. He served October'iS, '1970 CONGRESSIONAL RECORD -SENATE 36511 Era Sezhiyan was born in Thanjavur Dis­ Mr. YARBOROUGH. Mr. President, I quate benefits. because at the present trict, Tamil Nadu. He was an outstandins think it is worthy of note that the chair­ time many States have very good bene­ student at Annamalai University. He is an man of this distinguished delegation is fits. and others have deplorable benefits, editor of Namnadu. the official daily of the DMK. In 1943, Sezhiyan wa~ a founding the Speaker of the Lok Sabha, which is where an accident at work literally puts member of the Dravidian Students' Federa­ their House. He will be joined tonight by the family on relief or at least makes it tion. He also is president of the South Zone the Honorable B. D. Khobragade, Dep­ a public charge at some time in the fu­ Insurance Employees' Federation. uty Chairman of the Rajya Sabha, who ture. Sezhiyan is typically Madrasi in the In­ would be the President pro tempore of Well, then, why question bringing it tonation of his speech. He champions any their Senate. up at this time? I think the best answer cause that will advance the interests of the This is a distinguished group. I was is the last vote. We had 70 Members of southern states in general and Tamil Nadl1 in partiCUlar. He enjoys movies, soccer, bas­ in New Delhi last fall with the delega­ the Senate here. I do not suppose there ketball, traveUng and reading Tamil classics tion headed by the distinguished Senator is one measure that has come before the Sezhiyan is a' writer of some note and has from Alabama. At that time we enjoyed Senate that has a greater effect upon the written several books of short stories, one­ the hospitality of the Indian Govern­ entire assembly of states th8.n this bill. act plays and dramas and articles on politi­ ment, a government which we think It is a very significant bill and a very far­ cal and economic subjects. He married his played the part of a great host in han­ reaching bill. It extends the Federal Gov­ wife, Prema, in 1959. He is a vegetarian an:! dling the interparliamentary delegation. ernment, through the Department of a teetotaller. His brother, V. R. Nedunchez· I also think it is worth mentioning Labor, into every factory, every plant, hian, is the DMK ideologue and Tamil Nadu Minister of Education and Health. Sezhiyan that the leader of the delegation, the every place of employment in the United has· visited Malaysia, Singapore, Thallartd. Honorable Gurdial Singh Dhillon, who, States. Cambodia, Honk Kong and Japan. as I said, was the Speaker of their House, With 70 Senators here, I think: we are was a friend of the former Speaker of avoiding the discussion th2.t should our House of Representatives, Sam Ray­ INDIA: RAJENDRA PRATAP SINHA, MEMBER OF evolve on thebilI. THE RAJYA SABHA burn. I am quick to point out areas where I Rajendra Pratap Sinha has be€n a mem­ Mr. SPARKMAN. Mr. President. I ask question this bill. For one thing, at the ber of the Rajya Sabha (upper house 01 unanimous consent that the Senate present time the bilI requires that the Parliament) since 1952. Originally an Inde­ stand in recess for 3 minutes so that Secretary of Labor-with the advisory pendent, Sinha joined the Praja Socialist Senators may greet our visitors. groups, that is true, but the Secretary of party (PSP) in 1953 and the Congress Party The PRESIDING OFFICER. Without Labor has the prime responsibility-to in 1964. He was parliamentary secretary of objection, it is so ordered. set safety stan~ards. These standards, the Congress Party.from 1968 to 1969. once set, will be enforced by whom? The R. P.SInha was horn on August 15, 1915 in Secretary of Labor. If a violation is found Arrah. 'After attending Allahabad Univer­ RECESS sity he became involved in business and in a plant and a complaint is made, to agriculture. Before he entered politics Sinha Thereupon, at 2 o'clock and 30 min­ whom do they go? The Secretary of La­ spent most of lUs tlme in rural uplift, village utes p.m., the Senate took a recess until bor. And if the plant needs to be closed, reconstruction· and adult education. 2:33 p.m. During the recess, members of there is a provision for a court procedure, Sinha has held numerous posts since he the delegation from the Parl1ament or but there is also a relief valve providing joined the Rajya Sabha. He was joint secre­ India were greeted by Members of the that the Secretary of J.abor can close the tary of the PSP (1956-58), treasurer of the PSP, and a member of the Executive Com­ senate. plant if it is an emergenc1. mittel' of the Congress Party (1965--67). He On expiration of the recess, the senate A number of us feel a disinterested also has been a member of the Direct Taxes reassembled and was called to order by group should be set up to establish the Administration EnqUiry Committee, the the senator from New Jersey (Mr. CASE). standards that will operate under this Coffee Board and Marketing Committee, the bill; that the Secretary of Labor then Central Silk Board and the Committee on take those standards and be the enforc­ Public Undertakings· of ParUament. OCCUPATIONAL SAFETY AND ing officer; that he hire the many inspec­ Interested in politics and economics,H. P. HEALTH ACT OF 1970 Sinha spends m·uch of his. spare tIme in so­ tors involved-and I do not believe the cial work. He enjoys music and movies. The PRESIDING OFFICER. The ques­ difficulty of acquiring those inspectors, Sinha married his Wife, Sharda, in 1946 a.nd tion is on agreeing to the motion of the in.the. number needed, has been dis­ has two sons and two daughters. A member majority leader. cussed':""and that then there be a panel or the 1966 UN General Assembly. delegation, Is there further discussion? to hear alleged violations. Following and an International Visitor to the United Mr. SAXBE. Mr. President, I am not that, if there is an emergency, the inspec­ States in 1967, Sinha also has visited SCot­ in support of the motion to take this tor, together with the regional supervisor land, Hungli.rY and East Germa.ny. He was or the Department of Labor, through the secretary general of the Indo-United Arab measure up at this time. I am in sym­ Friendship Association In 1958. pathy with the purposes of the bill, and Secretary, immediately go into Federal I know that the administration is inter­ court and seek injunctive relief. ested in getting a health and safety bill. We are prepared to offer amendments. INDIA: BHABENDRA NATH BANEBJEE, SECRETARY I personally, at the beginning, ques­ I am quite familiar with the Steiger bill. RAJYASABHA which is the so-called compromise ver­ A career civil serva.nt, Bhabendra Nath tioned whether we were not taking the Banerjee has been secretary to the Rajya States a little bit fast in moving into sion of the Daniels' bill before it came Sabha (upper house of Parliament) since this area. But I have been convinced out of committee. Something happen.ed 1963. He was deputy secretary and joint that it is necessary that we move LlltO so that it did not come out. I know there secretary of the Rajya Babha Secretariat from this area and give the States a relief is a suggestion that it be offered as a 1956 to 1963. valve so that they can move back into substitute bill. B. N. Ba.nerjee was born on January 8, it if they will set up a comprehensive I, for one, would rather see the indi­ 1916. He attended University Law College, health and safety program. vidual amendments come uP. Although Calcutta, and the London School of Eco­ I do not SUDpose there is a Member I would vote, as a last resort, for a sub­ nomics. He was called to the Bar from the Inner Temple. Banerjee visited the USSR of this body who has visited more in­ stitute bill, the so-called Steiger bill, and Hungary·in 1968 as a member of a dustrial plants than I have, and I am which is available and will be submitted, parliamentarydelegation. quite aware that there is a serious health I would prefer to go through this bill with Banerjee began h1a career when he joined and safety problem. I am also quite the corrective amendments which I be­ the Bengal JUdicial Service in 1942. He also aware that the breathing of dust, not lieve would make it a better bill, not only was assistant· solicitor In the MinlBtry of only from coal but from asbestos, and for the employees of this country, who Law (1950-02), legal adviser to the Indian breathing noxious fumes in many of our are the real movers in this effort. but High Commissioner in London (1952-55) plants lead to a far greater number of also, through these measures, to give the and deputy secretary in the Law MlniBtry incapacitated workers than we have ever employer, the. man who provides the (1956) . reported or have believed in the past. working place, an opportunity to tlave Mr. YARBOROUGH. Mr. President, In this bill there is, for the first time, his day in court. No one has talked about will the senator from Alabama yield to an effort to study the various and differ­ that. me? ing workmen's compensation laws of the Any bill of this nature must be a bal­ Mr. SPARIqIdAN. I yierd. several States, to see if they provide ade- anced bill. We cannot just have a bill set 36512 CONGRESSIONAL RECORD -'SENATE Octoberi 19;'19to I up for the employee and not worry about The PRESIDING OFFICER. Is there It is a fundamental, basic attempt to the employer, because someone has to objection? The Chair hears none, and it deal with one of the Nation's greatest provide the job. is so ordered. problems, occupational hazards, which The biggest complaint that I have Mr. SAXBE. I have talked with a annually cause some 14,000 deaths and about this bill on its face is that it would Member of the Senate who was in busi­ some 2.5 million permanently injured make it appear that the employer is not ness in England, for example. About 12 Americans. All I am saying is that I think interested in safety, that the employer years ago, they adopted a number of we ought to just take it up, go to work is an exploiter who is squeezing the last safety bills that were very idealistic in on it, and give it the debate and the dime out of this employee and this plant, their concept, but so restraining to the consideration that it deserves, and WI:: and is not concerned about safety. place of work and so restraining on the ought to be mindful-I am not saying We all know that is not true. We know assignment of employe€S that they any Senator is not, but we ought to be that the employer who has a poor safety served not to make the plant safer and mindful of the fact that each day's delay record has more troubles than the one to increase production, but rather to will cost lives. I do not say anything more with a good safety record, and the bigger make the business less competitive, and, than that I wish this legislation had been the employer, the more emphasis is put as a result, it lost business to German adopted 30 years ago. on safety. In fact, if there is any safety manufacturers producing the same item. I am not saying any more than that, for employees today, it is with the larger This is something that we must be and I do not see why we cannot lay it corporation, where safety is given the objective about. We want ideal and safe before the Senate and take it up. I see prime attention. working conditions. At the same time, it as a very impor~ nt proposal. I do not For example, I know of one steel plant we must have one eye on this and the recall any proposal this year in Congress, in my state where a safety meeting is other eye on permitting the manufac­ at least before the Senate Labor Com­ held every morning at 8 o'clock by a turer to be competitive, not at the ex­ mittee, which was more thoroughly con­ committee of the union, the safety in­ pense of the workmen, but rather in a sidered than was this one. It has been spectors, and the management; and it is cooperative effort. bC:Jre the Senate now a week, which is not just a man appointed for the job, it In my State of Ohio, the most suc­ not an inconsiderable period, as most is rather the plant managers who at­ cessful safety plans and the most suc­ legislation goes. We have had plenty of tend this meeting. If a man has so much cessful plans for spreading safety-mind­ time to consider the recon. and the as a mashed thumb or a rash that could ed people throughout the plant have amendments. Most of the amendments have arisen from some chemical with been where it has been done by co­ that are going to be considered were thor­ which he came in contact, or if there is operation. I hope that we will not de­ oughly considered before the committee, any apparent source of injury, it is stroy this attitude of cooperation. I think and I feel very strongly that now is the brought up, discussed, and dealt with im­ that by moving so vigorously into this time for the Senate to stand up and act mediately. Any small injury is taken up area with this bill, we are going to sur­ on this mAtter, and that is all I intended and covered in these safety meetings. prise a lot of people. to say. So I know that safety is given prime If we act here on a Tuesday after­ Mr. SAXEE.I can only say this: I rec­ attention. But I am also aware that there noon, when everyone knows that we ognize that perhaps we should go ahead. are so-called alley shops, there are mar­ are going to adjourn on Wednesday, and But what I am saying is that if we do ginal shops-and I have been in them­ I daresay by tomorrow morning at 8 this, .we are not going to get out of here where heavy, dangerous, and unguarded o'clock we will not have a quorum, I do tomorrow night. We have frittered away equipment is used. I know there are ele­ not believe that people are going to be 4 months this summer on two bills, and vators and there are various cement sufficiently aware of the intent of this here is one that has an impact on every­ plants and building materials plants attempt to pass this bill, to p,;operly body in this country who employs any­ where employees breathe air that is pol­ contact and talk to their senators, and body, and it is suggested that we bring luted by the dust or fumes of the opera­ as a result, the matter is not ["oing to get it up on the last day, in the afternoon, tion, and I know such situations do need the full consideration that it should and that we have to do ~t before we go attention. receive. home on Wednesday. The wheels came But I also submit that when safety is Mr. DOMINICK. Mr. President, will off some place, because this is not the the Senator yield? . concept. used as a tool to move in on an employer, Mr. SAXBE. I yield. or is set up in such a way that it could Mr. DOMINICK. I have been listening I should like to read an editorial pub­ be used for harassment, then it should to the Senator's discussion, and I think lished in the Washington Post of Oc­ be identified for just what it is. I think he has done an excellent job. I have also tober 3: there is a danger that this present b1ll You would not expect even the most callous could be utilized in that manner. I think listened to the discussion of the Senator doctors to fritter away time arguing over the it can easily be amended so that those from Minnesota, which is why I asked if best way to save a dying patient while the dangers could be removed. the Senator would yield while he is still blood drains from his veins. Yet politicians present in the Chamber. and labor lobbies are doing just that in the We have seen great industrial nations I do not think anyone ought to be un­ case of the crucial job safety bill. Each year, which have lost their ability to compete. der the impression, nor should the record by low estimate, 14,500 Americans are kllled By that I do not mean to indicate, in imply, from the Senator's remarks or by· work-related.accidents; 2.2 mlllion are connection with this bill, that we have to mine, or those of the Senator from New disabled. No politician or labor leader would have a dangerous operation or an unsafe ever say that he favors death and injuries York (Mr. JAVITS), the conclusion that among the nation's 80 million workers. Yet operation to compete. But I do know that we are against an occupational health in the competitive world of business to­ the stalllng and pettiness of a few of them and safety bill. say exactly that. Far from the scenes of gore day, we should not attach to safety un­ This is the impression I more or less that are loudly decried, it appears that the necessary or harassing measures that understood that the Senator from Min­ parties in the dispute are So deadlQCked that would, in effect, limit production in areas nesota would try to give when he made the legislation may not pass at all. that are not necessarily going to in­ his comments, because he talked about The position of tbe ~IO, which does crease safety. the urgent need for this legislation, but not even have an industrial safety depart­ Mr. YARBOROUGH. Mr. President, he knows as well as I do that the House ment, is mulishly firm: unless the Secretary will the distinguished Senator yield to of Representatives is not going to take of Labor has final power to set and enforce me for a unanimous-consent request, safety standards, thep.. no law should be it up now, so nothing will happen until passed. 'rhe House and f';enate bllls-,-proposed without losing his right to the fioor? the end of November. by Rep. [laniels .~ndSen. Harrison Wil­ Mr SAXBE. I yield. Mr. MONDALE. Mr. President, will the liams-are largely agreeable to the AFL-CIO. Mr. YARBOROUGH. Mr. President, I Senator yield? But compromise legislation was ,devised to ask unanimous consent that Mr. Robert Mr. DOMINICK. The Senator from gain Republican support."It would empower Harris, who is the staff director of the an independent board to set and enforce Ohio has the fioor. standards. rather than the Labor Department. Committee on Labor and Public Welfare Mr. SAXBE. I yield to the Senator For the workers, the compromise meant a and has worked extensively on this bill, from Minnesota. hope that the killlng and maiming would be be permitted to be present in the Cham­ Mr. MONDALE. I do not underestimate decreased. What does it matter if the stand­ ber while the measure is under debate. the controversial nature of this proposal. ards are set and enforced by the L'lbor October 13,1970 CONGRESSIONAL RECORD-SENATE 36513 Department or, by a President-appointed We hear of strikes, and we have rushed the first original copy because of the new board? through, in my years on the labor com­ amimdments. The AFL-CIO, always touchy when Its mittee, bill after bill because it was said The Senator from New York (Mr. power seems remotely threatened, knows It JAVITS) offered many amendments and I could more easUy pressure the Labor De­ a strike was going to wreck the economy partment than the board. To its credit, t,he of this country. Ten times more man­ think many of them were good amend­ Nixon administration has been flexible and days of work are lost in this country ments; Many other amendments were fair in' accepting' compromises. The high every, year by industrial accidents and adopted to clarify procedural points and hopes of Democrats and, Republicans in deaths than by all strikes, lockouts, and to provide for notice of hearings, and so getting out a b11l, however, are now blocked wildcat strikes combined. forth, so that we could be as fair as pos­ by the AFL-CIO, the, one group that shOUld We have no national safety standards sible to all employers. be most concerned about worker safety. Mr. MONDALE. Mr. President, will the It is another story for another "ime as to in industry. This is a shocking thing. The why the AFL-CIO' can tie up the United greatest industrial Nation on earth is so Senator from Texas yield? States Congress in this manner. Perhaps it is callous that it has no safety standards Mr. YARBOROUGH. I yield. asking too much" but nothing would help in its industry. We have limited ones. We Mr. MONDALE. The point was made more than for the irlvolved Democrats to have a mine safety bill, we have a long­ earlier about how this was a one-minded, politely tell the AFL-CIO to stick to running shoremen's safety bill, and we have cer­ arbitrary, labor-dominated, bludgeoning the unions, not the Congress. tain safety bills for products manufac­ bill; but I note in the Senate report, the When we' dig, through the many rea­ tured for use by the Federal Government; views on pages 57, 58, and 59, there is sons why this matter is hung up here, on but generall~' in industry, where most of pointed out in great detail many of the who is going to be the rUle-setting board the accident occur-and they are heav­ wonderful changes which have been and whether people are going to be cov­ iest in the building trades-there is no wrought by amendments which were of­ ered by a National Occupational Health Federal safety legislation. fered by the senator from New York (Mr. and Safety Board,I think this is the We passed a limited act this year for JAVITS), which make this a fine bill, as basic reason, and I deplore it. construction workers applicable to Fed­ well as by the Senator from Colorado How much has politics to do with this? 'eral or a federally related project. But (Mr. DOMINICK), and the Senator from Some Senators on both sides of the aisle that was miniscule. This bill is designed Ohio (Mr. SAXBE). Amendment after are candidates and want to vote for it to be, fair to all employers, to set an amendment that was proposed by them or against it,That is the only reason overall standard. Some employers want was accepted by the committee in order why we "are here late In the afternoon, to put safety devices in their plants. But to make this a better bill. without proper time to consider this some who can get a few more production I have never attended an executive matter; and I do not think It is unrea­ hours by not having a safety device on a session of a committee where I recall sonable to disclose that, as, to why we machine are not doing it. Some have more amendments were adopted than to are. Some .want to vote; 'some would done it. this bill. rather not. They think it is going to help The National Safety Council has sup­ Mr. YARBOROUGH. Mr. President, their chances to vote. ' ported legislation such as this for years, whoever wrote that statement in the I am not a c~ndidate, but I do say and they have talked some employers-a Washington Post referred to by the Sen­ that to take thisIl'latter up with less than few large companies in this country­ ator from Ohio (Mr. SAXBE) just did not 70 Senators in the Senate-because two into putting safety devices in their plants. know what went on. It was an entirely have left, thafI know of, since the last Those few companies have saved enough inaccurate report. I am shocked to find vote:-this monumental job of moving money because of the decrease in injuries such a great inaccuracy in a statement into the industrialsafety field, is not ad­ to keep their best trained workmen work­ published in one of the great newspapers visable, and I just will not go along with ing and have saved enough on workmen's of this country. it. compensation premiums to pay for the This is certainly not a one-man bill. safety devices. to If we want to start on the 20 amend­ While I am proud be a coauthor of it, mentsI am prepaJ::ed to offer, I suppose Unfortunately, a vast number of em­ many more Senators have contributed to ployers in this country of 50 States, it with more amendments and more lan­ we cRn get on with it. But I certainly am stretching so wide to the east and the guage, Senators whose names are not on not going to join any unanimous-con­ west that the sun never sets on the the bill. As the Senator from Minnesota sent request for a shortcut on this bill. United States, cannot come to that vol­ has just pointed out, they have placed in PRIVILEGE OF THE FLOOR untarily. So it becomes necessary for the the report their contributions and have Mr. YARBOROUGH. Mr. President, I Government to set a uniform standard bragged about it and I think they were ask unanimous consent that Boe Martin, applicable alike to every employer in good amendments and this is a better bill counselfor the Committee on Labor and every State, making it fair and even. Of as a result of, them. This is not a one­ Public Welfare, may have the privilege course, it will cost a little more per item man or a one-party bill. The bill came of the fioor during the discussion of this to produce a washing machine. Those of out of committee, as I recall it, with only matter. us who use washing machines will pay two dissenting votes. I may be in error The PRESIDING OFFICER, Without for the increased cost, but it is worth it, on that and I shall check the record and objection, it is so ordered. to stop the terrible death and injury rate if I am, I shall be glad to correct it. But Mr. YARBOROUGH. Mr. President, in this country. it was an overwhelming vote. I shall not this is no rush-through job. This is no While I was the principal author of state who they were. But out of the 17 eleventh hour speedup. The Occupational this legislation in the 90th Congress as members of the committee, 15 voted for Health and Safety bill has been before chairman of the labor subcommittee, the bill. Thus, it was a bill that was Congress for at least 4 years. In the 90th when I became chairman of the full com­ brought out of committee with a major­ Congress,I Introduced the bill as chair­ mittee this year, the Senator from New ity of both parties and they are entitled man of the labor subcommittee. I intro­ Jersey (Mr. WILLIAMS) as my successor to great credit for it. duced the health and safety bill that had as chairman of the labor subcommittee The bill has waited for too many years. the strong support of the Secretary of has biken over and so ably handled the We have now come up with an end result Labor, Willard Wirtz. We held hearings, matter. He is the principal author and I which is good, after a great deal Of work but we had slowdowns. We have heard am one of the six cosponsors with him. on it. But now that we get it off the of labor slowdowns. Labor does not know The full labor committee carefully con­ ground, so to speak, because it is a big how to slow down things compared with sidered this bill. There was executive ses­ bill, it gets slowed down. But, there are the slowdown performed on the health sion after executive session of the full 80 million American workers out there, and safety bill to protect labor from the Committee on Labor and Public Welfare. many of whom are being killed and in­ crushing rate of 7 million people injured Mr. President, there are many amend­ jured without the protection which this in industry every year. ments to the bill offered and agreed to by bill would give them. As the distinguished Senator from Members of both parties. It is not a one­ Of course, many States have safety Minnesota has pointed out, 2,200,000 peo­ man bill or a six-man bill. It was en­ laws, and they are good ones, but the ple are disabled for long periods of time. tirely lined out there on the first 13 only way to be fair, as interstate as our Seven million are injured and some 14,­ pages, and then the substitute was commerce is in America, is that there ·500 die; adopted, so that it runs tWice as long as must be equal protection of the law and 36514 CONGRESSIONAL-.RECORD -:', SENATE equal rights. We must have the same break It. down' proV1s1oli by . provision and aisle in' his effort inthe>subcommittee standards for all. show what an utter fll\ud It Is •• !' and in the full committee and. not. to Mr. Nader further said to that subCl)nunl.t- As has been pointed out, on page 57 of tee: . ' . ." steamroller the bill. That is -wIlr uiS so the report, the contributions are out­ "I would not want any bill Uke S. 2788 to late in this sessiohc6mingUp'before_the lined there, especially by the Senator pass. It would be worse than no legislation at Senate, because the chairman was fiO fair from New York (Mr. JAVITS) and oth­ all." about it. ..' .0, c •• _: ers--more Members contributed amend­ The so-called "compromise" legislation Mr. President, I 'askthatthe,bill be ments and modifications. All through which you so heartily approve Is a slight im­ laid before the Senate and given its full here it is clear that this was an effort to provement over the administration b1ll but and proper consideration. write many good contributions into the st11l no more than a warmed over verslon of Mr. WILLIAMS Of NeW' Jersey. 'Mr. the administration's proposals In S. 2788. President, on that last poInt; the bill, as bill by the 17 members of the committee. The employers and the administration are This committee was a working commit­ united In demanding that occupational I indicated, has been before us for a tee. I am very proud that I have had the safety and health codes shall be promUlgated long, long time. , . . privilege of serving as chairman of the by an Independent board and enforced by an On May 16, .1969. I introduced s.bill, subcommittee, because it is a working Independent panel. We have rejected this S. 2193,·for myself, Senators YARBOR­ committee. It is not a committee where approach because all the experience In recent OUGH, MONDALE, and KENNEDY. Then, on two or three members write the legisla­ years with Independent boards and com­ August 6 of last year, a bill designated tion and then, after obtaining a quorum, missions tells us that such boards are lacking as the administration bill was introduced vote it out. This was a working com­ In clear. quick and positive action; diffuse by the Senator from New ,York (Mr. and confuse responslb1l1ty amongmultl­ JAVITS). ,- mittee. All its members are workers. I pliclty of board members, each hiding behind am prOUd that the newer members also the anonymity of the others and smother Following the introductions and., .the put in time and effort on it. sound administration In a mess of red tape referrals of those measures, we.began Mr. President, I shall not read the and legalisms. hearings back in Septemberof 1969. The Washington Post editorial, for I do not The Will1ams-Daniels bUls call for placing first day of the heai:ings was on Tues­ wish to take up the further time of the clear-cut responslbUity in the secretary of day. September 3D, 1969. Periodically Senate, but on page 18 of the Washing­ Labor, relying on professional advice, to set since then, hearings were held whenever ton Post for Monday, October 12, 1970, safety and health standards and to effectively enforce the law. Here we have responslb1l1ty it was. jndicated by individuals, or as­ the letter to the editor entitled "AFL­ placed In the hands of a cabinet member socj.ations, that.they wanted to be heard. CIO Replies to 'Stalling on Job Safety' " specifically charged with the. responslb1l1ty The final hearing.was held in May 0 of so completely refutes the erroneous state­ of handllng labor-management problems. this year. "0 .. .: ments made not just by the Senator from This Is not a mere difference In words· or Following that, we have had long,long Ohio as he merely read what the Wash­ theory, but the real d11ference between sessions ,in ... the subcommittee and the ington Post said, but it refutes the er­ effective, meaningful and practical fulfill­ full cominittee. There wereperiods.of rors that the Washington Post made. ment of the spirit of any sound occupational long deliberation.. I have not logged the The Washington Post was fair enough safety and health bill. To place the adminis­ tration In an Independent board'and panel number of hours I sat as chairman of to print the letter to the editor in a three­ Is to condemn the act, in its Inception. to the subcommittee waiting f()r. quorums column spread. It did not try to hide its foot-dragging, evasion and Indecision. This so thatwe could do business; but'It was

error. At this point, since the Senate is would be fatal. c , many long hours in both thesubcom­ only debating the motion to take up, I Let me cite just one 'of the "many serious mittee and the full committee.· .The shall not not take up the time of the differences between the WllUams'bm and patience of the chairman of the full Senate further, but ask unanimous con­ the so-called "compromise" blll .. : the Wll­ committee was needed, too. This is not sent to have the letter printed in the Uams bill proposes that a representative of stated as a matter of complliint but as a RECORD. the employees and the employer shall be per­ matter of fact, that this has been a long There being no objection, the letter mitted to accompany the government's safety Inspector through the plant. This was writ­ and deliberative process...' .', .. ' .,.' was ordered to be printed in the RECORD, ten Into the bill to eradicate the dismal but This is major legislation/.as haf;. been as follows: widespread practice In many states In which so clearly stated here already',tpis after:" AFL-CIO REPLIES TO "STALLING ON JOB Inspectors have not even· consultea the af­ noon. The question now is to. ta~eup the SAFETY" fected workers pertaining to the'hazards In measure that is so high on"the listof (By Jacob Clayman) the jobs. TWs Is an unhappy fact which Is the priorities. of thisadmil1istratlon­ WASHINGTON.-YOur editorial of Oct 3, common knowledge among all. Industrial yes, in the closing hours of adjournment "StalUng on Job Safety," does little credit safety and health experts, ~ot withstanding, here. The paint was made that'tliere to your fine newspaper. You mercilessly cas­ the "compromise" bill does not provide this obvious safeguard. This single It_em, typical were only '70 MeJ11bers present far the tigate the AFL-CIO for refusing to accept last rollcall vote. The pundits who watch the administration's occupational safety and of many serious dl1l'erences between the b1lls, health proposals and darkly suggest that tWs should give you some of the flavor and es­ the Senate scene suggest;: after adjOUrn­ Is being done because unions feel their sential direction of the "compromise" bill. ment and the elections, and we 'come "power, .. threatened." You charge that the AFL-CIO Is "muUshly back, that perhaps there will be even less This Is sheer dogmatic nonsense to which I firm" In Its position; Are you not aware that than 70 Senators on hand 'in what they would not normally respond except that you the Secretary of Labor has pUbI1cly taken call a lameduck session. . do Incalculable. though I am sure unWit­ the position that he would rather have no This bill is a J11ajorJ11atte-r; It calls tingly, harm to mill10ns of workers In Amer­ b1ll than the W1I1lams-Daniels measure? Do you define.this as sweet. reasonableness or for a major effort on the part of the Sen­ Ica's shops and factories who are victims of ate in its closing hours before adjourn­ death, injury and disease on the Job. Those "mulishly firm?" . - industrial Interests Which have always fought Finally, I do hope that you w1l1 reconsider ment. against any modernization Of. state or fed­ your editorial stance on this·.issue. Maybe Mr. DOMINICK. Mr: President,! do eral leglslatlon to protect life, limb and on carefUl afterthought you ,Will discover not intend to take very 'lotig, but I do health of American workers w1ll undoubtedly that the AFL-CIO is making an honest and want to make one or two 'points. han your editorial With unrestrained glee, earnest effort to provide a meaningful fed­ I have listened to what ,'my .distin­ They are not used to receiving such a bo­ eral presence In an area Of grave humane guished chairman has said with great nanza from your paper. concern; that we are fighting for the better What we have tried for years is to get the not the lesser bUl; that we are right in not interest, that there is a. great:needfor best possible bUl to preserve life and health being content with a pretty facade Without an occupational health··and sMety bill on the job. The administration has aimed for SUbstance, a Sham, a hollow shell-for that and no one is denying that. As a matter a de minimus bill. for the least common de­ Is what the "compromise" b1ll'adds up to. of fact, the substitute that I 'offer will nominator with which they mlght get _by po­ I am sorry that this Is a long letter but It call for national safety'standards. This 1!tically, but With life and health of mUllons hardly begins to sum up the gravity of the is the point we are trying to make. ;The of workers at stake this Is not enough. problem, and the need for truly sound legis­ question is that it is tough enough to, Since some of your articles have cited lation r\lther than phony' pol1~lcal gesBlres. promulgate those standards and itis" go'­ Ralph Nader, I would like to quote to you Mr. YARBOROUGH. Mr. President. I ing to be hard to enforce them; How 'will what Mr. Nader had to say about the admln­ hara:SS~ istratlon bUl when he testified before the congratulate the able Senator from New we make sure it is not used ,as a Senate Subcommittee on Labor on Dec. 15, Jersey on a job well done, on a job ing tactic by someone wha'may be dis­ 1969: fairly done and on a job where he pa­ gruntled in a plant? My billwilLob­ "I think It would be extremely faclle to tiently sat day after day getting the ideas viate most of those problems. The com­ take the admln1stratlon b11l S. 2788, and of every Senator on both sides of the mittee bill will not, OGtobe1'13, 1970 CONGRESSIONAL RECORD - SENATE 36515 I do not think that we ought to be car­ We debated the Church-Cooper er in this country, other than those now ried away with rhetoric on the grounds amendment fol' 42 days. We debated the covered by the coal mine safety bill and, that those who are against considering military procurement bill, as far as I I believe, one other group of employees. this measure at the present time are can recall, for 29 days. We debated the We know that the Labor and Public against health or motherhood or any of direct vote ad infinitum, it seems to me. Welfare Committee has given this mat­ the other connotations that might be Three cloture motions were filed. Two ter very thorough consideration. What made from some of the comments that votes were taken and we could not get committee members have said today in­ have been made. cloture. dicates their thorough knowledge of the A great number of Senators have re­ We have now been debating the equal bill. ferred to the urgent need for speed on rights for women amendment. We have But, all of us must vote on the meas­ this matter. We have to take it up in the adopted two amendments. We have been ure whether or not we serve on the com­ last day of the session; in the last 24 engaged in this for weeks. mittee. We, too, would like to know the hours, before we recess. The committee Why, in a bill that is of this crucial provisions of the bill and their adequacy bill itself says that there will not even importance, can we not have a little in providing safety for those who labor be any health and safety standards put time to try to get everyone up to date and their effect upon management. into effect until 2 yearsafter the bill has on the provisions of a very intricate I have been concerned about the hasty passed. Nor can we get the bill passed bill? disposition of important measures by the until November because the House is not It is for that reason that I thought I Senate in the last 2 or 3 weeks. going to workon it until November. ought to have this time in which to ex­ First, we considered a constitutional Why in'the world are we spin­ plain my feelings on the lack of wisdom amendment, the so-called direct election ning our wheels, if I might say so, here, on the part of the. Senate in bringing amendment, which would change the when we have a lot,of other matters to up this bill at this tiII1e~ basic structure of our Government as far take up? This· measure cannot become I am not dumb enough to say that I as the Federal principle is concerned. The effective until, November. It will be 2 am going to vote against the whole thing. debate went on at a time when 35 Mem­ years after that until we get any stand­ We will go ahead and debate it if that bers of the Senate are candidates and ards at all. is the majority wish and the bill is at times away from the Senate. I have It seems to me,that what we have been brought up. But it seems to me to be an not thought it best to take action upon talking about may make some good emo­ exercise in futility at this moment. a measure of this importance in the wan­ tional appeal. I am sUre that it does. Mr. GRIFFIN. Mr. President, I want ing days of the session. However, let us be realistic. I am as con­ to indicate that when the pending mo­ In the last few days, we have been cerned about the health and safety of tion of the majority leader to call up the engaged in debate on the constitutional the people working all around the coun­ occupational safety bill is presented, I amendment concerning equal rights for try as is anyone else. But when we pro­ shall support the majority leader. How­ women. pose to inject the Federal Government ever, I must say that I share the views I do not think the proposed amend­ into every business in the United States, of the Senator from Colorado (Mr. DOM­ ment has been treated very well, what­ we had betterdo it with care. Otherwise, INICK) and the Senator from Ohio (Mr. ever one's views may be. While it has we might find' the whole bill rejected SAXBE) that it is. most unfortunate and been discussed seriously, it has also been out of. sheer resentment when the bill untimely to place this complex and con­ made the butt of criticism and laughter. gets implemented. .. troversial 91-page bill before the Sen­ I have some prior experience in con­ We were happy that we were able, as ate in the closing hours just before the nection with safety bills. As a member pointed out by the Senator from New receSS .when many Senators, some of of the Committee on Labor and Public Jersey, to include a few revisions and whom are keenly interested in the meas­ Welfare for 5 years, we considered these amendments in the bill. I am glad that ure, will be absent. matters, and we reported several fine the Senator from New York and his very Of course, it is. the prerogative of the bills dehling with mine safety. I have had able staff put those together and out­ majority leadership to determine the or­ a particular interest in that legislation lined them so that Senators could l':ee der of business of the Senate. Without because Kentucky is the second largest what we were concerned about. doubt, if the majority leader presses his producer of coal in the Nation, with . The bilt when originally presented and motion, he would have the votes. The thousands of miners. Time after time we considered in the committee would have leadership on this side will not oppose tried to report bills which would be fair, covered every employee of the State and the majority leadership on this proce­ protect the miners and yet not be puni­ local governments in the entire country dural matter if it is pressed. tive. and would have required that the States, I share the expressed doubt that the During the last year a bill was report­ before they could administer any kind of Senate could finish the debate and vote ed to the Senate and debated for 5 days. State plan, must make sure that all em­ on tIns complex bill before we recess to­ I voted for the bill, but since its passage, ployees of· all local agencies abided by morrow. statements made during the debate by the standards that had been established. That being the case, Mr. President, it those of us who opposed certain provi­ The difficulty with that is that in many is likely that we will have to start all sions in the bill have been proven-un­ cases the States do not have jurisdiction over again on this measure when we do fortunately-accurate. of some of those local employees. We come back following the recess. In the We argued, on the economic side, that were able, I am happy to say;' to get mealltime,' if we proceed now to con­ to include in the so-called gassy mine them exempted from the bill .in cases sider' the occupational safety bill I as­ category all the nongassy mines and re­ where states do not have jurisdiction. sume that we will then be unable to act quire them to expend huge sums of They do not have to require this because between now and tomorrow night on money for equipment needed in gassy they do not have thepower. other matters, routine and otherwise, mines, would not advance the safety of It seems to me that those are pretty that could well have the attention and the miners but would force the small good proposals. There were a lot oioth­ action of the Senate. operators to shut down. That has hap­ ers that those on the majority'side were Mr. President, with those remarks, I pened to some of the small mines in my happy' to' accept, and they did accept. state again that I shall support the mo­ State. That was, not by rollcalL vote. It was tion of the majority leader if it is put With the closing of the small oon­ to the Senate. gassy underground mines we also pre­ only when the majority side was willing .. The PRESIDING OFFICER. The to accept tliem that the' committee ac­ dicted it wouId cause stripping of large question is on agreeing to the motion of areas of coal. That has happened, with­ cepted them. the Senator from Montana. out providing any added protection to the I am not naive enough to say that we Mr. COOPER. Mr. President, I recog­ men who work in the nongassy mines. can,wiD;in committee when the majority nize, as does every Senator, that the Many were driven to seek employment side is against us. .. ' pending bill is one of the most important in the gassy mines--mines proven to be Let me repeat that here we are 24 bills that will be before the Senate at the most dangerous. hours, hOPefully, before:adjournment, this time. or in the'session when we re­ The record for Kentucky will show tliat and'wehave debated this now on the convene in November. since this.bill was passed last year that motion to proceed to consider the bill, It is a far-reaching bill. It affects the more persons have died in the mines I believe, for about an hour. safety, as has been said, of every work- than in the year before. As I recall, and CONGRESSIONAL' RECORD - SENATE October. 13, '1.970 this is pertinent to the bill before us, in in that bill that have now caused one of it and they :will ask thatit be made the 16 years, in about 3,000 nongassy mines the most serious clises in the country. pending order of business on the 16th there,were 52 ignitions or explosions and I might say that as a result of closing of November..If they do not ask for it, 27 deaths, and in the 400 gassy mines many mines in our State that did not then I can only say that if something there were 381 ignitions and explosions fall within the category of the tests that goes on the statute books, then we will and 374 killed. Yet the mine safety bill had previously been laid down on what have many suits and we will debate it treats them alike, and is forcing the constituted gassy or nongassy mines, we and we will have much discussion,and nongassy mines to close. in the Commonwealth of Kentucky now we will have no way of ascertaining ex­ I made these statements during the face a far greater problem, and I would actly what was done, and we will go debate. But the committee insisted that like my senior colleague to back up this through the whole harangue and the its bill be approved. There were 5 days statement: we have now issued more whole discussion, and then someone in of debate, but even so, it was difficult to licenses for strip mining in the period of the bureaucratic system will come to debate, because it was highly technical. time from the passage of the bill until the conclusion that he did not write the My predictions, and those of my col­ now than we had at almost any other bill; all he was told to do was make the league from Kentucky (Mr. COOK), and comparable time in the history of the in­ regulation; and there we will be. the Senator from Tennessee (Mr. BAKER) dustry in our State. I must say that in this hurry and in have come true. More people have been Mr. COOPER. Mr. President, will the the last 3 or 4 weeks we have had wit­ injured since that bill was passed. Senator yield? nesses before some of' our committees, Mr. President, I want to vote for a Mr. COOK. I yield. one of them the JUdiciary Committee, strict safety bill, but how can those of us Mr. COOPER. There have been four and I will repeat what I said the other who are not on the committee and who times as many permits issued .in Ken­ day. When he looked at the piece of have had little chance to study it during tucky since the bill became effective April legislation that was pending before the the last few days since its report, vote 1 than were granted during the entire entire committee, this professor from with any real knowledge of its effect and year of 1969. I am informed that over Columbia University said it was the consequences? This is the case, the prob­ 100 permits for strip mining have been worst draft of legislation he had seen lem when these very important bills are issued. since the first draft of legislation for brought before the Senate, in its closing Mr. COOK. I thank the Senator. Mr. the Sherman Antitrust Act in 1889. If hours. President, I might say there are those one wants to brag about that, it Is in the Yesterday, I was very much interested in the Chamber who not only talked at record. when the senior Senator from Arkansas great length about how that bill should I want to say that if there are 20 brought up the crime bill, S. 30, which not have been changed, but who are also amendments to a bill, and if 10 or 11 get was passed by the Senate several months its greatest ecological advocates. We now in the bill, and then somebody tells me ago. We remember that in the debate at face that provision but we provide for that as a result of getting them into the that time many questions were raised them in the East the means to turn on bill we will produce the kind of legisla­ about certain provisions of the bill. The their lights and television. tion this body ought to produce, that is bill was termed by some as an instru­ Then, we come to this proposition. not the way I learned the legislative ment of oppression and many of us were Will we take up one of the most major process. doubtful about the constitutionality of pieces of legislation in a 24-hour period? Again I say I do not want to stop certain provisions. Between now and November 3 will we The House amended the bill last week. debate on this matter,but I think we at be able to brag about the fact that we least have a responsibility to give a tre­ It was brought before the Senate yester­ wanted to take it up and somebody else day, and with a few Members sitting in mendous piece of legislation an appro­ wanted to stop it? priate time for discussion on the floor of the Chamber the Senate passed it by I agree with the distinguished Senator unanimous agreement, including not only from Texas. He spent a great deal of the U.S. Senate. those provisions which were so vigorously time on the measure as did the Senator Mr. SAXBE. Mr. Presldent,I thank argued against earlier this year but with from Colorado, the Senator from New the Senator from Kentucky for his kind provisions added by the House of doubt­ Jersey, and the Senator from Ohio. remarks. ful constitutionality. In many respects But I am not on that committee and In regard'to the remarks made by the the bill is excellent, but its consideration my senior colleague is no longer on that chairman of the committee, the gentle­ in approximately one-half hour illus­ committee. We are not going to have a man from New Jersey (Mr. WILLIAMS), trates the objection I make to consider­ chance to study it. We are going to have it is true that the subcommittee did a ing the pending bill at this time. a chance to sit here and listen to amend­ thorough job of hearings on this matter, Mr. President, I give these examples: ment after amendment; and then try to and it is also true that the subcommittee the crime bill as passed yesterday, the figure out what it looks like when we get was interested in trying to get the views mine safety bill, which atleast had 5 days all finished. We will be able to figure it of the mmority and of the majority who of debate, the debate on Senate Resolu­ out and we will wind up starting all over opposed some of the provisions. I believe tion 1, and the equal rights amendment, again next year so somebody can brag the subcommittee accepted something which illustrate, I believe, that there is about it. Somehow, I do not feel that is like 17 amendments, which went to vari­ no possibility that this bill can be con­ what I came to the Senate for. ous contested parts of the bill, which sidered now, as it should be-fairly and Contrary to those who will be criticized indicated that they were interested in adequately. . for trying to hold up this matter and trying to clean up soine of the points of Mr. DOMINICK. Mr. President, I really taking it up at a reasonable time, I want discussion and eliminating them. appreciate the comments of the Senator to congratulate them because at least The chairman of the full committee from Kentucky. I think this adds great they can say to all their constituency, (Mr. YARBOROUGH) was also open­ weight to the comments made by the not just a part, "I tried to look: at it on minded, and accepted amendments by Senator from Ohio, the Senator from all fours and study it and make a good members of the full committee. There Michigan, and me. judgment to represent all the people, were substantial changes, or it would not PRIVILEGE OF THE FLOOR rather than just a particular part." be as good a bill as it is today. . Mr. President, I ask unanimous con­ So for my part I'want to thank the However, on various points that we sent that during further proceedings on Senator from Ohio, the Senator from think are important in this area, abso­ this bill a member of the minority staff, Colorado, the Senator from Michigan, lutely no ground was given. Richard Weiss, may remain in the and my'senior colleague because they When it came to the question of who Chamber. are the ones doing this country and the was going to establish the standards for The PRESIDING OFFICER. Without Senate a service. safety, there'was absolutely no interest objection,it is so ordered. Those who understand and realize that in opening this question up; it had to be Mr. COOK. Mr. President, I wish to there is not a major piece of legislation left in the Office of the Secretary of join in the rem~rks of my senior col­ in the history of this country that was Labor. league and say that on the coal mine worth its salt that was passed in 24 When it came to a panel for hearing­ safety bill, after 5 days of debate, it was hours will understand that they have and really we think it is like an NLRB­ impossible to get at some of the problems had a good colloquy and a good start on the answer was absolutely "No." October 13,1970 CONGRESSIONAL RECORD - SENATE 36517 So to say that there was not time for floated, whiCh meant that a canoe or a rule. It comes right back to the same an attempted understanding is not true. life raft which floated on the Colorado board again on the overall standards. There was. But it brings us right back to River was covered by that bill. Stand­ The National Occupational Safety and the point that we are in conflict on sev­ ards were established that they had to Health Board would be separate and in­ eral elements that we think destroys this have emergency lights, fog horns, and dependent of other agencies. This, of bill as being useful to both the employee lifesaving boats, and everything else. course, can be determined, and we would and the employer. How that equipment was supposed to fit have some various views on it; but we There has been considerable talk about on a one-man rubber life raft or a canoe. suggest that it could be five members. It to whom this bill will apply. I think there I was never able to comprehend. could be seven or it could be nine, but is some misconception about it. The bill This is the same kind of problem that the suggestion was that it be five mem­ will apply to everyone engaged in inter­ arises when we try to employ massive bers. They would have to be qualified by state commerce except those employees safety requirements for people who work previous training and experience in the covered by certain other Federal laws, in a General Motors plant and also those field of occupational safety and health. such as the Coal Mine I:Iealth and Safety operating bus stop restaurants-which I They would be appointed by and serve at Act. To, review, if you will, some of the do not think makes sense. the· pleasure of the President. recent cases on interstate commerce, if Mr. SAXBE; Well, r think that that We are well acquainted with another one operates a restaurant and he serves a is going to come as quite a surprise to a important element in labor problems: truck dliverdriving a rig from another great many of the people of this country The National Labor Relations Board, a State, there is the suggestion that he is who have not even heard of this bill that body that is appointed and serves for a engaged in interstate commerce. I well we propose to pass this last day, in the term, but subject to approval by the recall a case in Ohio in which a man of afternoon, here in the Senate. And prob­ Senate. very limited, means bought old' auto­ ably there are other measures that de­ What kind of standards are we going mobiles, picked them up when the police mand a great deal more attention. to talk about? What types of standards or used car dealers sold them to him, and What disturbs me is the idea that we would this board come up with? The his main job was to take the tires and come down here to the last day, in the committee bill says that the Secretary generators from these used cars and sell afternoon, with the assumption that we of Labor, properly adVised, would come them. He worked with a man, on a part­ are going to let this bill go through, with up with standards. time basis, stripping these cars. The Fed­ 70 Senators present-that those of us National consensus standards-that is, eral Government came along, after he who oppose it are somehow going to go consensUs on standards of health, in had been doing that for a couple of years, home or go to sleep or do something, and plants and out, that are readily accepta­ and found that he was engaged in inter­ that the bill is going to be passed. ble all over. Then there are existing Fed­ state commerce. r assure Senators, if they think they eral standards in some fields, and stand­ One might wonder by what stretch of have had trouble on Senate Joint Reso­ ards promulgated prior to the date of the imagination a man who was handling lution 1, they are going to have more enactment of this act by national orga­ one or two junked cars would be engagp.d trouble on this, and for the same reason: nizations on a nonconsensus basis. in interstate commerce. He was said to Because we are going to offer 20 amend­ The first two types of standards must be engaged in interstate commerce be­ ments. We are not going to agree to any be issued by the Secretary as soon as cause the iron which he might sell-he time limit, and we are going to stay here practicable, within 2 years following the had not sold any; it was piling up-­ until next Sunday if we need to. effective date, unless the Secretary de"' would be sold as scrap that would go into r want to review at this time some of termines that their promulgation will steel. which would be in interstate the things that are in this committee­ not result in improved safety or health commerce. reported bill, S. 2193. As r said, it covers for certain employees. If we are ready to accept, that inter­ practically all employees engaged in During the same period, the Secretary pretation and the one about the restau­ business affecting interstate commerce. may also promulgate the nonconsensus rant and the one about the bus stoP. and The Senator from Colorado pointed standards. if we are willing to accept that inter­ out an interesting thing when we got The Secretary, under his authority to pretation with regard to farm products into this question of covering of State. set permanent standards, is empowered which go into interstate commerce, then county, . and local employees. Here was to "promulgate, modify, or revoke." everything is covered with the exception the Federal Government that was going In the substitute bill, it is made some­ of a household article that is sold to a to presume to move in on the sovereign what simpler by listing the national neighbor. ' States and their political SUbdivisions, consensus standards and already exist­ So here is a safety bill which we think and set standards of health and safety. ing Federal standards, as in the other of applying to a General Motors plant Now, granted, there may be operations one, but then it says they are to be issued with 10,000 employees, where they prob­ at those levels that are unsafe and by the board within 3 years following ably already have pretty good safety should be corrected. I think the Senator the effective date, unless the board deter­ standards. But we do not think of the from Colorado will agree that the prob­ mines that such standards will not assure impact it is going to have on people that lem that immediately faces us is, how safer and more healthful working con­ are .not· presently covered under the are they going to engage in interstate ditions. wages and hours standards because of commerce,for example, running a men­ Here we are. talking about health the restrictions as to number of employ­ tal institution? The problem of extending standards 2 years away, or 3 years away, ees, or perhaps those who are not even jurisdiction on a broad basis over all and yet, on Tuesday afternoon, we are covered by unemployment compensation. these political subdivisions was finally supposed to be able to pass this bill, be­ We do not.think of the impact, perhaps, worked out by the committee by just do­ cause we want to go on a recess over under the arbitrary power of the Secre­ ing away with it. election. tary of Labor. who would set up the I would agree to put this down as the standards that would probably be very The question of exemptions and vari­ ances: Very obviously, there had to be first order of business on November 16. well geared to a General Motors plant, I intend to vote for this bill. I also be­ but which ought to be adjustedand fitted relief and a safety valve in this proce­ dure. and these variances could be lieve that we should get these standards to the. man who employs one part-time adopted by a board rather than by the employee~ granted if an employer provides working conditions just as safe as the Federal­ Secretary of Labor, and this is what we Mr. DOMINICK. Mr. President, will intend to do. the Senator yield? standard conditions. What are the different types of stand­ Mr. SAXBE. I yield. It has beer- suggested, and we will offer ards? We have early standards. emer­ Mr. DOMINICK. When I was serving an amendment on this, that a board gency temporary standards, and per­ in the State legislature in Colorado, one rather than the Secretary of Labor manent standards. of our problems had to do with a boat should be the entity that would grant The early standards are promulgated safety act which had been passed by such a variance. We think it is unseemly by the Secretary by rules, and the Ad­ Congress and one of the committees m~ that the Secretary of Labor should ministrative Procedure Act does not ap­ sisted that it become a part of' out laws. be the only one that could grant a vari­ ply except in the case of nonconsensus They defined' a boat as 'anything that 'ance on a safety standard or a safety .standards..where informal Administra- l" ~-;t lish that their plan is better inregard fered a job without any real training in present to hear that. Otherwise I would to a Federal plan that is not in existence, health and safety. not have known it. Certainly the Senator but also that the Secretary of Labor We. discovered that sometimes when from Kentucky would offer an amend­ acted arbitrarily and capriciously. an inspector would be coming around to ment to see that the latitude of the States Mr. SAXBE. That would appear to be a plant they would know a week ahead was protected other than by a single plea true. I am, taking the Senator at his of time when he was going to come. Em­ of arbitrary and capricious action on the word that he eliminates the constitu­ ployees testified that deficiencies at the part of the Secretary. tional provision. plant or worksite were corrected for the Mr. SAXBE. I know this is old grist for Mr. COOK. Oh, yes., visit of the inspector and afterwards the mill of the Senator, but the substitute Mr. SAXBE. This was subject to great were allowed to rapidly deteriorate. bill-and this is why I do not warmly em­ discussion, and the Senator will find it in It was pointed out that there are cer­ brace the substitute bill-alloWS for ap­ the minutes of the hearings. It has been tain types of work incentives that con­ peals in the District of Columbia Court the subject of great discussion since that tribute to unwise practices. I am thinking of Appeals. time that some States are presently run­ specifically of some of the work schedules Mr. WILLIAMS of New Jersey. I real­ ning good health and safety depart­ where it was to the man's advantage to ize that the substitute bill does that, ments. Maybe they are not as broad as neutralize the safety device on his ma­ whereas the committee bill permits ap­ the Federal'plan might be or as worked chine so that he could get a greater pro­ peal to the circuit courts in the States. up, by the Secretary or the board, but duction. I have seen machines, and so Mr. SAXBE. That is correct. I invite one that is doing a good job. As pointed has the Senator where there was in­ the attention of the Senator to the fact out there is a great divergence in the volved some kind of metal fabrication, that in the SUbstitute bill-and again, State activities in this area. Some spend where there was a press and the operator if we adopt the substitute I hope this $2.75 for every worker and some spend would have to have one foot and both part will be amended-the States are less than, $1.02 per worker. hands in a certain position to make that limited to the Court of Appeals for the , But ,ill this area of the "good state" press operate. How easy it is for a man District of Columbia. If the case arose they have a number of inspectors, safety who is trying to speed up on his piece­ in California, those seeking rellef would examiners, that can go around and per­ work rate to wire one of those switches have to come to the Court of Appeals in form the various tests and also make down. the District of Columbia to assert their regular visits to these plants. This would Mr. COOK. Mr. President, will the right. necessarily be interrupted. There is ,a Senator yield? Mr. COOK. I do not have any objec­ probability where the state has a good Mr. SAXBE. I yield. tion to that, because I do not think it is system and intends to get back into it, Mr. COOK. Mr. President, I wish to any problem for a State to come to the that they, will hang on to. those people. thank, the Senator for his explanation, Court of Appeals in the District of Co­ For a period oftime, anyway, they will particularly that part about review, be~ lumbia, but I must- confess that I think have a dual system that we hope, in most cause if we are limiting the States' au­ the tdpis made just that much longer instances, will be ,.' superseded by the thority to a cause of action based on the and lonelier if the only cause of action 36522 CONGRESSIONAL .RECORD ...... ".SENATB iOct()b~T •.... HJ;f..;\1970 when the person gets here is to plea $500,000. because the criminal railroad Mr. 'WILLIAMS Of NeW:Jetsey. Em­ that the Secretary of Labor acted arbi­ had permitted this swamp to fester and ployeesmustalsocomply .with the·re­ trarilY and capriciously in regard to the produce such abominable creatures as quirements ·of the act. denial of a plan. I think the latitude of the one that had come out and bitten Mr. SAXBE. I know. the respective States, other than the con­ him-which they never identified. b;y Mr. WILLIAMS of New Jersey. I won­ stitutional rights under the actr-which the way. der if this would be a convenientplace for rights are always guaranteed---should be When we come to saying that an em­ me to ask a question of the Senator. broader than that particular cause of ployer must guarantee that such an em­ Mr. SAXBE.Yes. adion. ployee is protected from any possible Mr. WILLIAMS oiNew Jersey. First, as Mr. SAXBE. I think the Senator from harm. I think it will be one of the most I understand the parliamentary situa­ Colorado (Mr. DOMINICK) will bear me difficult areas we are going to have to tion. a motion was made to take the bill out on this. If there were a board to set ascertain. But I am willing to go down up, and that is the motion before the the standards, the board would operate, that road a way. I might add. as an Senate; is that correct? as I pointed out awhile ago, under the aside that it is going to be one of the The PRESIDING OFFICER. The formal procedures of the Administrative greatest havens and mortgage lifters for Senator is correct: Procedure Act. There would then be an lawyers for the next 20 years that has Mr. WILLIAMS of New Jersey. I have opportunity to have a day in court there, ever come about. been listening attentively and with great with all the benefits under the Admin­ I believe the terms that we are passing interest. It seems to me that we are now istrative Procedure Act, as to the setting back and forth are going to haVe to be getting into the. merits and demerits of of standards. identified. the legislation. I wonder if it would not Mr. DOMINICK. The Senator is cor­ I call attention to another Gne we be better, I ask the Senator from Ohio, rect, and that is the major difference be­ talked about, which is "free from n':cog­ to deal with the motion, and have the tween the two bills-having the ability nized hazards so as to provide safe and bill before us,rather than getting into to use the formal procedures of the Ad­ healthful working conditions." What. un­ the merits of the bill in this fashion. ministrative Procedure Act in setting der the law, is a "recognized hazard?" I Mr. SAXBE.Yes; I recognize we are standards as opposed to having a very know there are labor laws written on getting into the merits .of the bill, but informal procedure, and practically no what is a recognized hazard. It. is not what. I am doing by getting: into the Administrative Procedure Actr-some, but improved a great deal by the substitute. merits of the bill is calling attention, as not all, in setting of standards under the Mr. DOMINICK. It is "readily appar­ theSenator from Kentucky said, to the committee bill. ent" in the substitute. We will not have many facets that are involved in this One of the things that bothered me­ a meat cleaver on the shelf with use of bill. . '.' .' and I would like the Senator from Ohio the term "readily apparent." I do not think. we should·proceed, in to comment on this-is some of the lan­ Mr. SAXBE. "Readily apparent"· to the dying days of this part ofthe session, guage that appears on page 39 of the whom? An experienced pipefltter can to take up a bill of the magnitUde that bill reported by the committee. We dis­ say that an arrangement of pipes is a we have here. I vote,d' to get it out of 'Cussed it in committee when I was dangerous condition, and to you and to committee; and I shall vote to pass the there, but not at great length, and I me it looks like a bunch of spaghetti, bill. I think it is a step in the right di­ would like to get the Senator's viewpoint but he is an expert. and he can say ,t is rection. The Senator and I are, there is on it. Itstates on page 39: readily apparent that it is a dangerQus no question about it, head on about the thing. It could be or it could not be The Secretary. in promulgating standards provision that he wishes to place under under this sUbsection. shall set the stand­ readily apparent to one, but to another the Secretary of Labor,and I think it ard which most adequately and feasibly as­ person it would be readily apparent. could best be handled under' an inde- sures, on the basis of the best available evi­ . I think the definition "recognized haz­ pendent board. .. dence, that no employee will sulfer any im­ ard" comes nearer to identifying it. as I compliment the Senator from New pairment of health or functional capacity, or something that would be recognized by Jersey and the Senator from Texas (Mr. diminshed Ufe expectancy even if such em­ all people-not just readily apparent to YARBOROUGH) ,on recognizing the merits ployee has regular exposure to the hazard an expert in that particularfield. of some of the amendments that they dealt with by such standard for the period A minute ago I wanted to mention accepted in committee. The Senator rec­ of his working Ufe. something in .regard to the recording of ognized the merit of these amendments How in the world are we ever going to injuries and deaths. I believe there was and accepted them. live up to that? What are we going to do mention of 14,500 deaths, and there were Mr. WILLIAMS of New Jersey. Those about a place in Florida where mosquitoes approximately 2.2 million time-loss in­ are minor matters, though, put into the are getting at the employee-perish the juries which resulted in some degree of bill by committee action. Certainly the thought that there may be mosquitoes in permanent disability. These figures en­ question of the National Institute of Florida? But there are black flies in compass everybody from the truckdriver Occupational Health and Safety is a Minnesota and Wisconsin. Are we going who is involved in a road accident to a major matter. to say that if employees get bitten by person who takes a guard off a machine Mr. SAXBE. Oh. yes. those for the rest of their lives they will and puts his hand in it. Mr. WILLIAMS of New Jersey. And not have been done any harm at all? There could be the best possible safety the whole stUdy of workmen's compen­ Probably they will not be, but do we standards on a machine, or there could sation was very much aided by the sen­ know? be the best possible air pollution con­ ior Senator from New York (Mr. JAVITS) , Mr. SAXEE. I can only answer by re­ trols in a plant, and perhaps economic who has worked most assiduously and ferring to' a case we had in Ohio which pressure, or perhaps carelessness or in­ with great WiSdom on this bill. '. resulted in the biggest single verdict in a difference, would cause someone to take Mr. SAXBE.Yes; and hisstaff has civil case that had ever' been returned. the guard off, leave the door open, or done a tremendous, job; of which I am This was 20 years ago. I am sure the size leave the filter off, which would permit well aware. ,. . of the verdict has been greatly exceeded the working condition over which he has Mr. WILLIAMS of New'Jersey. The since that time. control as an employee. Senator mentioned the Senator from I am reminded that if there is negli­ The employer has given him the fa­ New York and his staff. To do him credit, genc'e, the employer is liable, jUst as he is cilities to make this place safe, but the he chose a wise and able staff, and·di­ today. But in this particular case a rai!­ employee has control over the area, and rects them with consonant wisdom. ' road ,brakeman working trains in an he permits it to deteriorate and to be­ Mr. SAXBE. That is quite true. My area where there was a slough filled with come an unsafe working area. attitude is simply this: We had an op­ trash and water, was bitten by some my­ I do not know how we are ever going portunity last week to get to this biU. I sterious cr~ature which evidently had to stop this. It is a common practice; was prepared to offer amendments and been hatched in and flew up out.of the carelessness creeps into a job, and indif­ to talk on it. Instead, even after it was slough. As a result, the brakeman got ference to safety. disclosed that there were not the neces­ an infection in his leg and he lost l:he leg. Mr. WILLIAMS of New Jersey. Mr. sary votes on the equal rights amend­ He sued the railroad for a fantastic President, will the Senator yield there? ment. we have still spent this time on amount for the time. which I believe was Mr. SAXBE. I yield. that. October 13, 1970 CONGRESSIONAL RECORD - SENATE 36523 I think now that we are down in the tunity to harass the employer by a series wants very tight and very restrictive leg­ last minutes, that I want to tell, and I of complaints on safety standards that islation; whereas, the more conservative want it to be in the RECORD for people would affect the continued operation of person might say, "We don't need that to read tomorrow morning, why I do not the plant. tight a restriction." believe we should vote and make this I should like to explain some of the In a panel, you are going to get people important determination with 70 or few­ nomenclature that is used in this ·meas­ from both ends of the spectrum, and er Senators in Washington. I also point ure at the present time and in my dis­ then you are supposed to get public out that the House of Representatives is cussion today. members. If you have five, you would not going to act, that nothing will be When I talk about "plant," when I talk have two of employer, two of employee gained; that the' temperament of the about "factory," and when I talk about or union, and one public member. It application of this bill is such that we "mill," my remarks are also to apply to would mean that you would have a great have got 2- and 3-y€ar gaps, and there­ all the other businesses that are going to deal of pull and haul, and it would be fore' the things I am talking about are come under this measure. Many of them difficult to work with and control, as all background reasons why we should' not would be outside activities where there is such boards are. undertake consideration of this bill at limited amount of machinery but expos­ the present time. ure to other safety hazards. I will agree and go along and insist In my State, the risk factor for work­ MESSAGE FROM THE HOUSE on immediate consideration when we men's compensation is at its greatest in A message from the House of Repre­ come back here onthe15tn or the 16th, two areas-farming and quarrying. sentatives, by Mr. Berry, one of its read­ and I believe that we can get it passed Farrning, which one would think would ing clerks, announced that the House had and to the- President, . who, I am in­ be a relatively safe operation, is one of agreed to the concurrent resolution (H. formed, is most eager to get this .legis­ tlie most hazardous. Why? Because an Can. Res. 779) to authorize the loan of lation,' well before our final adjourn­ individual is' out there without an em­ the John C. King bust of John Quincy ment for the year. ployer to tell him to put the guard on Adams to the National Portrait Gallery So that is the attitude that I have on the machine, without an employer to tell of the Smithsonian Institution, in which this matter at the present time. But I him to keep away from the moving ma­ it requested the concurrence of the was speaking of the difficulty in accinnu­ chine, without an employer to tell him to Senate. lating statistics. We can come up with do all the things which the employer many different' figures that point out tells him to do makes him do in a plant. that the industrial area is an extremely So farming is a very high risk in work­ ENROLLED BILL SIGNED dangerous. area,: but at the same time men's compensation. The message also announced that the the man who gets up and goes to work In talking about plant, factory, and so Speaker had affixed his signature to the at the factory is often going into a safer forth, the place of employment could be enrolled bill (H.R. 17654) to improve the environment than the housewife who the cab of a truck, the place of employ­ operation of the legislative branch of the stays home and does her housework.. We ment could be a private automobile, or Federal Government, and for other pur­ know that there are hazards associated the place of employment could be that of poses. with all types of activities, and it has one 'who moves around from one place been pointed out repeatedly that the to another, such as an installer in a home POLITICS FIRST home is. inde€d. a dan"gel'ous place. or in a factory. All these are covered un­ However, we still have to make every der this measure. Mr. DOLE. Mr. President, I wish to effort to make the place of employment . Mr. President (Mr. COOK) i when we announce to the Senate that a few min­ not only as safe aspossible, but also a talk about the factory, we are not just utes ago the House, by a vote of 190 to place where the effectiveness is not im" limiting 'ourselves to thinking about a 146 with one Member voting "present," paired, the work is not impaired, by fear man who stands there and works on a adopted the conference report on H.R. of dangerous fumes or accidents; but, of great press or another piece of machin­ 18546, the Agricultural Act of 1970. course, the man who is the casualty of ery, or who works in a kiln or in a part­ I wish to express my disapproval of the autombbilewreck, where he was ob­ producing factory.. the announced intentions by the major­ serving all the standards and was driving If we first accept that the general duty ity leadership of the Senate to delay and with a company car, and was killed by of the employer is to provide a place that possibly kill the conference report on a drunken hit-skip driver, is still a cas­ is safe and free from recognized hazards H.R. 18546, the Agricultural Act of 1970.. ualty that goes down as one of our great or, as in the substitute bill, readily ap­ For nearly 2 years, Congress has been bUsiness and industrial casualties. So we parent hazards, the next step, of course, considering this legislation. This bill have to temper all this. is to define these rules. We come down to passed the House in August by a vote of One' of the areas that has been sug­ a point that is going to be of great mo­ 212 to 171-the largest margin on a farm gested as an area; of harassment is the ment and an issue we are finally going bill I can recall in the 10 years I have part where any employee, when he be..; to have to decide: Who determines just been a Member of Congress. It has the l1eves that·a dangerous situation exists, what is a hazard and how to protect from support of the administration. can serve notice and require the pres­ it? This seelDS to me to go to the very Mr. President, I ask unanimous con­ ence of an inspector. While this has been depth of our individual and collective sent to have printed in the RECORD a modified byHater amendment in the concern in government and its place in letter from President Nixon to Rep­ committee, nevertheless there -exists an lives of people and the States in which resentative BELCHER, dated October 8. area for harassment at a time of union they live. 1970, in which the President indicates difficultieS or negotiation and one that If the Secretary of Labor, advised by that the conference report is acceptable. has no place in health and safety prac­ panels, is going to be the one to do this, There being no objection, the letter tices within a place of employment. I think we have to recognize the advan­ was ordered to be printed in the RECORD, We cannot be detracted by any other tages and recognize the shortcomings. as follows: interest, of either the union or the em­ The Secretary of Labor, as an individual, THE WroTE HOUSE, ployer, from our primary purpose of sav­ it is true, is going to be freer of the pres­ Washington, October 8, 1970. Hon. PAGE BELCHER, ing lives and preventing injury to sures, perhaps, that would come from a Hou.se Of Representatives, employees. board that would be selected as most Washington. D.C. If the employer would want to make boards are somebody from the union, DEAR PAGE: I appreciate the fine work that conditions so unfavorable that his plant somebody from the employers, somebody you and your colleagues have done in bring­ would be closed down and he would be as a public member, as it is called, al­ Ing the farm blll through the Conference saved from unemployment compensa­ though I never have been able to deter­ Committee. tion, this has been taken care of in this mine just exactly what that is. As I indicated in my earlier letter to you, I considered the farm bill reported by the bill. He would not benefit by such type But there will be people who are ex­ House Committee on Agriculture good legiS­ of actions; and that part is very good. At tremely liberal in regard to safety legis­ lation. I expressed the hope that it would be the same.time.' I think·we' should fUlly lation and those who are extremely con­ enacted promptly and WIth minimum discuss the position of the employee who servative: The use of those words is diffi­ change. Although the bill proposed by the wishes ito take' advantage' of the oppor- cult, because "liberal" means one who Conference Committee does make a number :~:CJtV!j;; '230~Part 27