December 29, 1970 - 29 Pub. Law 91-596 84 STAT. 1618 pay rates, but at rates not in excess of the maximum rate for Ante, p. 198-1. GS-18 of the General Schedule under section 5332 of such title, and (2) procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code. 80 Stat. 416. Contract (g) The Workmen's Compensation Commission is authorized to enter into contracts with Federal or State agencies, private firms, authorization. institutions, and individuals for the conduct of research or surveys, the preparation of reports, and other activities necessary to the discharge of its duties. (h) Members of the Workmen's Compensation Commission shall Compensation; receive compensation for each day they are engaged in the perform- travel exance of their duties as members of the Workmen's Compensation penses. Commission at the daily rate prescribed for GS-18 under section 5332 of title 5, United States Code, and shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the Workmen's Compensation Commission. (i) There are hereby authorized to be appropriated such sums as Appropriation. may be necessary to carry out the provisions of this section. (j) On the ninetieth day after the date of submission of its final Termination. report to the President, the Workmen's Compensation Commission shall cease to exist. ECONOMIC ASSISTANCE TO SMALL BUSINESSES SEC. 28. (a) Section 7(b) of the Small Business Act, as amended, is amended (1) by striking out the period at the end of "paragraph (5)" and inserting in lieu thereof"; and"; and (2) by adding after paragraph (5) a new paragraph as follows: "(6) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administration may determine to be necessary or appropriate to assist any small business concern in effecting additions to or alterations in the equipment, facilities, or methods of operation of such business in order to comply with the applicable standards promulgated pursuant to section 6 of the Occupational Safety and Health Act of 1970 or standards adopted by a State pursuant to a plan approved under section 18 of the Occupational Safety and Health Act of 1970, if the Administration determines that such concern is likely to suffer substantial economic injury without assistance under this paragraph." (b) The third sentence of section 7(b) of he Small Business Act, as amended, is amended by striking out "or (5)" after "paragraph (3)" and inserting a comma followed by “(5) or (6)". 72 Stat. 387; 83 Stat. 802. 15 USC 636. (c) Section 4 (c) (1) of the Small Business Act, as amended, is 80 Stat. 132. amended by inserting “7(b) (6),” after “7(b) (5),”. (d) Loans may also be made or guaranteed for the purposes set forth in section 7(b) (6) of the Small Business Act, as amended, pursuant to the provisions of section 202 of the Public Works and Economic Development Act of 1965, as amended. ADDITIONAL ASSISTANT SECRETARY OF LABOR SEC. 29. (a) Section 2 of the Act of April 17, 1946 (60 Stat. 91) as amended (29 U.S.C. 553) is amended by— 15 USC 633. 79 Stat. 556. 42 USC 3142. 75 Stat. 338. 84 STAT. 1619 80 Stat. 462. 72 Stat. 775. 49 USC 1421. Pub. Law 91-596 - 30 December 29, 1970 (1) striking out "four" in the first sentence of such section and inserting in lieu thereof "five"; and (2) adding at the end thereof the following new sentence, "One of such Assistant Secretaries shall be an Assistant Secretary of Labor for Occupational Safety and Health.". (b) Paragraph (20) of section 5315 of title 5, United States Code, is amended by striking out "(4)" and inserting in lieu thereof "(5)”. ADDITIONAL POSITIONS SEC. 30. Section 5108 (c) of title 5, United States Code, is amended by (1) striking out the word "and" at the end of paragraph (8) (2) striking out the period at the end of paragraph (9) and inserting in lieu thereof a semicolon and the word "and"; and (3) by adding immediately after paragraph (9) the following new paragraph: "(10)(A) the Secretary of Labor, subject to the standards and procedures prescribed by this chapter, may place an additional twenty-five positions in the Department of Labor in GS-16, 17, and 18 for the purposes of carrying out his responsibilities under the Occupational Safety and Health Act of 1970; "(B) the Occupational Safety and Health Review Commission, subject to the standards and procedures prescribed by this chapter, may place ten positions in GS-16, 17, and 18 in carrying out its functions under the Occupational Safety and Health Act of 1970." EMERGENCY LOCATOR BEACONS SEC. 31. Section 601 of the Federal Aviation Act of 1958 is amended by inserting at the end thereof a new subsection as follows: "EMERGENCY LOCATOR BEACONS “(d) (1) Except with respect to aircraft described in paragraph (2) of this subsection, minimum standards pursuant to this section shall include a requirement that emergency lccator beacons shall be installed "(A) on any fixed-wing, powered aircraft for use in air commerce the manufacture of which is completed, or which is imported into the United States, after one year following the date of enactment of this subsection; and "(B) on any fixed-wing, powered aircraft used in air commerce after three years following such date. "(2) The provisions of this subsection shall not apply to jetpowered aircraft; aircraft used in air transportation (other than air taxis and charter aircraft); military aircraft; aircraft used solely for training purposes not involving flights more than twenty miles from its base; and aircraft used for the aerial application of chemicals." SEPARABILITY SEC. 32. If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. December 29, 1970 - 31 Pub. Law 91-596 84 STAT. 1620 APPROPRIATIONS SEC. 33. There are authorized to be appropriated to carry out this Act for each fiscal year such sums as the Congress shall deem necessary. EFFECTIVE DATE SEC. 34. This Act shall take effect one hundred and twenty days after the date of its enactment. Approved December 29, 1970. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 91-1291 accompanying H. R. 16785 (Comm. on SENATE REPORT No. 91-1282 (Comm. on Labor and Public Welfare). Oct. 13, Nov. 16, 17, considered and passed Senate. Nov. 23, 24, considered and passed House, amended, in lieu Dec. 16, Senate agreed to conference report. Mr. DANIELS. The Select Subcommittee on Labor will come to order. The Occupational and Safety and Health Act became effective officially on April 28, 1971. Since that time it has been the subject of some controversy. Many believe that the administration has frustrated the benefits that should have flown from the act, by inadequate budget requests and by inadequate enforcement procedures. Others state that the administration has failed to inform employers and workers of their obligations and rights under the act. This absence of information has caused many employers to complain that they are unable to comply with the act because they cannot find out what the act requires. The extent of controversy about the act and its administration can be seen in the fact that approximately 100 bills have been introduced to amend it. These bills include efforts to strengthen it and to weaken it. They include provisions ranging from expanding coverage to students participating in athletic contests to removing coverage from small business firms. During consideration of the Labor-HEW appropriations bill in the House, I pledged to hold hearings on the administration of the act and on all pending amendments to it. I do not believe that riders to appropriations bills are the proper way to consider amendments to substantive legislation. Such amendments should be considered in the orderly process of hearings, committee deliberations, and reports. This is the first of several days of hearings already scheduled in which the subcommittee expects to hear over 60 witnesses representing labor, business, farm organizations, and trade associations, as well as the administration and numerous Members of Congress. I want to assure you all that the subcommittee will give careful consideration to all the views expressed and will determine what, if any, further action is necessary. Our first witness today will be the Honorable William L. Hungate, Representative of the Ninth District of Missouri; and the Honorable Bob Bergland, Representative from the Seventh District of Minnesota, who is accompanied by Mr. Lewis C. Barbee of the White & White Technical Service in Ebina, Minn. My distinguished colleagues, you are indeed welcome to testify at these oversight hearings. STATEMENTS OF HON. WILLIAM L. HUNGATE, A REPRESENTATIVE IN THE CONGRESS FROM THE NINTH DISTRICT OF MISSOURI; AND HON. BOB BERGLAND, A REPRESENTATIVE IN THE CONGRESS FROM THE SEVENTH DISTRICT OF MINNESOTA, ACCOMPANIED BY LEWIS C. BARBEE, EBINA, MINN. Mr. HUNGATE. Thank you, Mr. Chairman. It is a pleasure and an honor to be able to testify before this committee. I appreciate the opportunity, as I know Mr. Bergland does, to appear here today to testify on this act. We both have prepared statements, and I request that they be incorporated in the record. Mr. DANIELS. Without objection, it is so ordered. Mr. HUNGATE. As you know, the Small Business Subcommittee, of which I am chairman, held oversight hearings on the act earlier this year. We heard 83 witnesses during 5 days of hearings, 48 trade organizations representing 2 million businesses throughout the Nation, trade unions represented by the Industrial Union Department of the AFL-CIO, and 22 Members of Congress on behalf of their constituencies. I would briefly like to highlight some of the findings of the subcommittee. The single most important problem of the act is the inability of the small businessman to learn what is expected of him. The small independent retailer, for example, would have to spend hours reading material, attempting to learn what applies to his business. And yet he would still be uncertain as to what the law requires. Furthermore, if he were to inquire of the nearest Department of Labor office, he might receive conflicting interpretations. I think Senator Curtis testified before the Senate hearing that he had some 6 feet of standards that were derived from the law. One gentleman testified on the question of where to store rags, and it seemed he obtained three different views of whether he could keep them inside or outside or in a barrel. It is very confusing to the man. I suppose they take the interpretation easiest for themselves, but, of course, they have to comply. The small businessman who desires to have an OSHA official visit his premises to show him what he needs to do to comply, is told that the official would have to make an inspection and issue citations and penalties should he find any violations. I think this was one of the great concerns testified to before the committee. There was concern whether the Labor Department has a discretion that they could make visits of an educational nature. We heard from Mr. Lowe of the U.S. Chamber of Commerce that section 21 (c) (2) provides that the Secretary "consult with and advise employers and employees as to effective means of preventing occupational injuries and illnesses.” Some others asserted there is some discretion in the act, it is a matter of policy. Others just as stanchly asserted that they had no discretion. This is what we found repeatedly galled the small businessman. If he calls, he wants to know whether he complies. He has a problem; he is going to buy new machinery and wants to know if it complies. He would like to call, ask someone to come down and look at his business and let him straighten it out. Or, come down and fine me, or we can abate it in 30 days if I straighten it out. They are told repeatedly they can't do that; if they find a violation, the penalty is automatic. If you call these people and they come down and make a bunch of requirements for you and your competitor does not call, the odds are you will have an expense and a problem, and it may be years before they get to your competitor. This is a matter we thought required immediate attention. At the present time, there is one set of standards that apply to all businesses. Again, the question of flexibility of standards as testified to us is that if you build a two-story apartment building, the same set of standards apply to you as to a high-rise apartment. The evil sought to be remedied was not always clear in those circumstances. |