individuals, are motivated by simple humanity or by simple economics, we can no longer permit profits to be dependent upon an unsafe or unhealthy worksite.

I want to pay special tribute to the distinguished junior Senator from New Jersey (Mr. Williams) whose dedication, intelligence, and energy made him the single person most responsible for this legislative accomplishment. In so doing, however, I would not want to overlook the work of the able senior Senator from New York (Mr. Javits) who also devoted himself untiringly to the enactment of this bill.

Finally, I should point out that our work will be no more than an empty gesture unless this legislation is adequ: tely funded and enforced. Thus, I am extremely pleased that the Secretary of Labor, who will be chiefly responsible for implementation of the bill, has put behind him such differences as he may have had with some of its provisions and announced his endorsement of it. I hope this presages a vigorous enforcement effort by every member of this administration charged with responsibilities for occupational safety and health by the bill.

Mr. JAVITS subsequently said: Mr. President, I am the ranking minority member of the Committee on Labor and Public Welfare and with the Senator from New Jersey (Mr. Williams) negotiated the occupational health and safety plan which the Senate has approved. I wish to express my gratification and thanks to the Senate. I am also gratified by the Secretary of Labor's support for the conference report, and that I have had a part in shaping the provisions of this legislation. In my opinion, with this bill we shall begin finally to achieve a reduction in the industrial carnage which now claims the lives of over 14,000 workers and injures over 2 million other workers each year. It would have been a tragedy of the first order if the differences between labor and management which arose over the provisions of this bill had operated to prevent its enactment. Happily, the conference committee was able to come to an agreement, and the bill as it is now before the Senate is in my judgment fair to both management and labor.

From a personal standpoint, I am particularly pleased that the bill reported by the conference retained three amendments which I sponsored. First, the bill provides for an independent three-man commission to adjudicate enforcement cases. Second, the bill establishes a new National Institute for Occupational Safety and Health in HEW to conduct the enormous amount of research which will have to be done under this law. Third, the bill provides for a 15-member commission to study existing State workmen's compensation laws, many of which are woefully inadequate, and report back to the Congress with recommendations by July 31, 1972.

Mr. President, I have served for many years on the Senate Labor and Public Welfare Committee and since 1964 have been the ranking minority member of the committee and its Subcommittee on Labor. During that period the committee has dealt with legislation of great benefit to American workers. The bill before us today, however, will, in my judgment, mark the greatest single contribution to the health and welfare of American workers that has yet been made by Congress. Also, the Senator from New Jersey (Mr. Williams) has properly earned the gratitude of all Americans for his unflagging dedication and leadership with respect to this legislation, and I am very pleased to have been associated with him in that effort.

Finally, Mr. President, I ask unanimous consent that an editorial from today's New York Times in support of the conference report be printed in the Record.

There being no objection, the editorial was ordered to be printed in the Record, as follows:

SAFETY ON THE JOB

On the official record alone, the toll of industrial deaths and disabling accidents is staggering. But Government statistics, however comprehensive, do not begin to measure the full cost in shortened lives and debilitating illness of the health hazards that workers encounter every day in factories, mills and other places of work.

Senate-House conferees have now reached agreement on a strong occupational health and safety bill, based primarily on the excellent measure originally passed by the Senate rather than on the much more ineffectual House bill. The result will be a system of industrial health protection which, when approved by Presi dent Nixon, will strongly reinforce the country's social defenses.

[From the Congressional Record-House, Dec. 16, 1970]

CONFERENCE REPORT ON S. 2193, OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

Mr. Perkins submitted the following conference report and statement on the bill (S. 2193), to authorize the Secretary of Labor to set standards to assure safe and healthful working conditions for working men and women; to assist and encourage States to participate in efforts to assure such working conditions; to provide for research information, education, and training in the field of occupational safety and health, and for other purposes.

Mr. PERKINS, from the committee on conference,
submitted the following

CONFERENCE REPORT

[To accompany S. 2193]

The committee of conference on the disagreeing votes of the two Houses on the amendment of the House to the bill (S. 2193) to authorize the Secretary of Labor to set standards to assure safe and healthful working conditions for working men and women; to assist and encourage States to participate in efforts to assure such working conditions; to provide for research, information, education, and training in the field of occupational safety and health, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its disagreement to the amendment of the House to the text of the bill and agree to the same with an amendment as follows:

In lieu of the matter proposed to be inserted by the House amendment insert the following: That this Act may be cited as the "Occupational Safety and Health Act of 1970".

CONGRESSIONAL FINDINGS ANd purpose

SEC. 2. (a) The Congress finds that personal injuries and illnesses · arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss. medical expenses, and disability compensation payments.

(b) The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources

(1) by encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to

2

institute new and to perfect existing programs for providing safe and healthful working conditions;

(2) by providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions;

(3) by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce, and by creating an Occupational Safety and Health Review Commission for carrying out adjudicatory functions under the Act;

(4) by building upon advances already made through employer and employee initiative for providing safe and healthful working conditions;

(5) by providing for research in the field of occupational safety and health, including the psychological factors involved, and by developing innovative methods, techniques, and approaches for dealing with occupational safety and health problems;

(6) by exploring ways to discover latent diseases, establishing causal connections between diseases and work in environmental conditions, and conducting other research relating to health problems, in recognition of the fact that occupational health standards present problems often different from those involved in occupational safety;

(7) by providing medical criteria which will assure insofar as practicable that no employee will suffer diminished health, functional capacity, or life expectancy as a result of his work experience;

(8) by providing for training programs to increase the number and competence of personnel engaged in the field of occupational safety and health;

(9) by providing for the development and promulgation of occupational safety and health standards;

(10) by providing an effective enforcement program which shall include a prohibition against giving advance notice of any inspection and sanctions for any individual violating this prohibition;

(11) by encouraging the States to assume the fullest responsibility for the administration and enforcement of their occupational safety and health laws by providing grants to the States to assist in identifying their needs and responsibilities in the area of occupational safety and health, to develop plans in accordance with the provisions of this Act, to improve the administration and enforcement of State occupational safety and health laws, and to conduct experimental and demonstration projects in connection therewith;

(12) by providing for appropriate reporting procedures with respect to occupational safety and health which procedures will help achieve the objectives of this Act and accurately describe the nature of the occupational safety and health problem;

(13) by encouraging joint labor-management efforts to reduce injuries and disease arising out of employment.

DEFINITIONS

SEC. 3. For the purposes of this Act

(1) The term "Secretary" means the Secretary of Labor.

(2) The term "Commission" means the Occupational Safety and Health Review Commission established under this Act.