September 19, 1974 EXTENSIONS OF REMARKS 31967 EXTENSIONS OF REMARKS OCCUPATIONAL SAFETY AND structuring an amendment to lift the healthy working conditions for their em­ HEALTH ACT: SMALL BUSINESS small businessman-who is unable fi­ ployees during a 1-year "grace period'' EXEMPTION nancially to employ a full-time safety of relief from the excessive OSHA engineer-out from under the arbitrary demands. and dogmatic authority of unscrupulous ADAY OF mONY HON. ROBERT DOLE OSHA inspectors. Without reconciling Mr. President, I could not help but OF KANSAS himself to regular citations and fines for philosophize about the fate of the pro-­ IN THE SENATE OF THE UNITED STATES what usually amount to less-than-sig­ posed OSHA amendments early Tuesday Thursday, September 19, 1974 nificant "violations," the average em­ morning when I heard a particular "news ployer is hard-pressed to satisfy any quip" on the way to the Senate build­ Mr. DOLE. Mr. President, although OSHA representative-and still run a ings. I found it indeed ironic that, on the we disposed Tuesday of the amendments business. day we were to consider this small busi­ to the Labor-HEW Appropriations bill ATTITUDES IN KANSAS ness "exemption" proposal, the story which would have affected the enforce­ I think the hundreds of complaints I came over the radio that the Director of ment of the Occupational Safety and have received from small businessmen in OSHA had tripped over a typewriter cord Health Act, I would like to add just a Kansas are probably pretty representa­ in his o:tfice and fractured his arm! few remarks to the relevant discussion tive of the attitudes toward the Occupa­ My immediate reactions were: "I won­ today. Primarily, I wish to express my tional Safety and Health Act nationwide. der if he will cite himself for a violation disappointment over the Senate's fail­ Most of them consider it not as the gen­ and fine?" and "Who's protecting whom ure to provide at least a margin of re­ uine mechanism to encourage safe work­ lief for the many small businesses op­ here?" Certainly, the occasion for cyni­ ing standards that it was supposed to be, cism was there-but then we have had pressed by that law. but as another form of punitive regula­ too much of that already with no con­ NO FUNDS FOR INSPECTIONS tory harrassment to which they are com­ structive relief to show for it. On June 27, 1974-during considera­ pelled to submit. I sincerely feel that the thousands tion of the Labor-HEW Appropriations One employer, in advocating outright of small businessmen seeking to elimi­ bill in the House-that body adopted an repeal of the act, even described a recent, nate their own hazards, in a spirit of con­ amendment to prohibit the use of any unannounced "visit" by an OSHA in­ sultation and fairness, deserve a better funds for inspection of firms having spector who advised him: "You have one chance-and I would hope that that op­ fewer than 25 employees. This Tuesday, of the best-run shops I've even seen," and portunity will soon be forthcoming. unfortunately, the committee was suc­ then promptly fined him $30 for not hav­ cessful in deleting that language from ing a safety poster prominently dis­ the Senate bill. played. The point is, no one objects to What I find still more grievous, how­ being reasonable-so long as they are MEDICAL CARE FOR MEMBERS OF ever, L<) our unwillingness to grant the dealt with on a corresponding basis. GUAM COMBAT PATROL small business "exemption" even to firms NO FORESEEABLE MODIFICATIONS employing fewer than 10, or only 5 work­ The old argument that we are going to ers. I refer, of course, to the rejection­ see improvements and changes in OSHA HON. ANTONIO BORJA WON PAT by votes of 30 to 56 and 42 to 44, respec­ pursuant to hearings, studies and inves­ OF GUAM tively-the amendments proposed by my tigations on the effects of the law just is IN THE HOUSE OF REPRESENTATIVES very good friend and colleague from Ne­ not realistic, Mr. President. And just as braska (Mr. CURTIS). unacceptable is the premise that it is Thursday, September 19, 1974 PROBLEM AWARENESS inappropriate to initiate any modifica­ Mr. WON PAT. Mr. Speaker, on Sep­ I was pleased to have been here to tions through the "appropriations tember 11, I introduced a bill which support both those efforts to resolve the process." would extend hospital and domiciliary ·plight of the many fine businessmen For as the distinguished Senator from care and medical services to the Ameri­ who find themselves shackled by the Nebraska <Mr. CuRTIS) so aptly pointed can citizens of Guam who served in overreaching enforcement standards of out Tuesday, we have been promised patrol forces against the Japanese enemy OSHA. I was extremely distressed, how­ those revisions and reforms for 3 years during World War II. ever, that not even a majority of those now-with no action having yet been As you are aware, Guam was the only present could bring themselves to "give taken. Meanwhile, the heavy handed, U.S. territory during the Second World a break" to what amounts in practical­ far-reaching implementation of the act War which was invaded, captured, and ity to be just the self-operated or "Mom goes on, with no outlook in sight for occupied by enemy forces. After U.S. and Pop" enterprises. substantive legislative corrections. forces landed on Guam on July 21, 1944, Apparently, there are just not enough TIMELY ACTION to liberate the island, they organized a of us aware of the untenable difficulties Therefore, it was a comP.letely timely local security force composed entirely of in compliance which OSHA has created gesture, I believe, to entertain remedial Guamanians to perform the dangerous for the small businessmen in all our action coincident with the appropria­ task of routing out Japanese stragglers. States. At least I hope it is only a matter tion of moneys for 1975 funding of OSHA. In the course of their hazardous duties, of being uninformed, and not a case of Although the outcome was not encourag­ the members of the patrol force per­ allowing virtuous illusions about pre­ formed courageously. Several members ing, we still have the hope that the House in serving the body and soul of every work­ Conferees will remain steadfast in the died battle with the enemy, and others ing man to overcome a sense of reason­ position which they adopted. were wounded. Their bravery was o:tfi­ ableness, fairness, and good judgment. cially recognized by the U.S. Govern­ I think I should point out that we ment, which awarded some of them the OCCUPATIONAL PREOCCUPATION were not trying to overhaul the sys­ Silver Star, Bronze Medal, and Purple The simple fact of the OSHA situation tem, put workers at the mercy of the Heart awards. is that no employer is opposed to tak­ goods and services they produce, or do Sad to say, the members of the Guam ing every legitimate step possible to as­ away with the many good intentions Combat Patrol have never received any sure safe and healthy working conditions which are incorporated into the OSHA Government benefits, as did their fellow for those under his supervision. At the legislation. All the amendments to H.R. counterparts in the Philippines who were same time, however, he cannot afford to 15580 would have done is provide small granted o:tficial recognition by the U.S. become so preoccupied with forecasting businessmen some additional, unpres­ Congress and given certain veterans potential hazards-in order to avoid be­ surtzed time to learn more about, and benefits rights. ing fined-that the economic viability of come into "good faith" compliance with, Mr. Speaker, today only about 40 his business is jeopardized. the voluminous, complex OSHA stand­ members of the original Guam Combat That is the whole purpose behind ards-thereby improving safe and Patrol are still allve. For 30 years, they C:XX--2015-Part 24 31968 EXTENSIONS OF IrnMARKS Septe1nber 19, 1974 have waited for the Congress to recog­ It takes between 24 and 36 months for In addition, the proposed embargo nize their brave deeds and compensate sugar to get from the planning board to the probably would create shortages of the grocery shelf. During this period of time, them by granting them certain veterans with the termination of the Sugar Act, the tough steel needed by the petroleum in­ benefits. effect of the free market wlll come into play dustry for items such as rock bits, drill , Because some of the survivors of the and the amount of avallable sugar will in­ collars, and offshore platforms. Ac­ combat patrol are old and in need of crease and the price to the public will come cording to an officer in the Armco Steel hospital and medical care, I am intro­ down. Corp.- ducing legislation today which would For too long the consumer and taxpayers Working men and women in the steel com­ grant them the much needed help. It is have been bearing the burden of the farm panies as well as employes of oil equipment my earnest hope that the Members of the programs through high prices and billions of and other user firms would be among the dollars in tax revenues. The Sugar Act was losers. House will support me in this endeavor. defeated by the House on June 5. I am cer­ We cannot afford this blow to our tain the increasing consumer concern in Con­ economy.