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Show The Paper That Dares To Take A Stand O.S.H.A. Continued From Page February 15, 1973 and the rules and regulations it are obligated to spend more than of time just imposes on them, are separate 350 million from and in addition to those reading the rules and regulations devised by O.S.H.A. that O.S.H.A. issued during its A state may set up its own first year. 1 A fine of $10,000 and a jail sentence of six months against any or environment where work is person making a false statement on performed by an employee of an any document required to be filed employer; and to inspect and or posted under the Act. investigate during regular working A fine of $1,000 against any hours and at other reasonable employer who fails to post times. And O.S.H.A. inspectors properly in his plant any of the are also given subpoena powers, notices required by the Act. enforceable (without trial) as After receiving notice that he has contempt proceedings in U.S. been cited for a violation, an District Courts. employer has fifteen working days The law specifies penalties (a fine to notify O.S.H.A. of intent to of one thousand dollars and a jail contest the citation. If he does not sentence of six months) against any give such notice, the citation and person who (without authority the assessment of penalty shall be from O.S.H.A.) gives an employer deemed a final order...and not advance notice of an inspection. Other penalties provided by the subject to review by any court or If the employer files agency.4 law include: notice within the time limit, he is A fine of $1,000 against any a hearing by the employer for each citation of a given violation, whether the violation is Occupational Safety and Health determined to be serious or not Review Commission. If the Commission rules against him, he serious." may then appeal to a U.S. Court of A fine of $1,000 a day against an Appeals. employer during a time when he Although primary responsibility fails to correct a violation for for enforcing the Act was given to which he has been cited. O.S.H.A. in the Department of A fine of $10,000 and a jail Labor, the Department of Health, sentence of six months against any Education and Welfare was given employer found guilty of a willful responsibility for research, violation which caused death to an investigation, and experimentation employee, or a fine of $20,000 and to develop new a jail sentence of one year if the training programs. Of course employer had previously been H.E.W. has its own inspection convicted for the same kind of teams. The reporting and recordviolation. keeping it requires of employers. -- safety-and-heal- th SILVER occupational program. If the program meets FEAR THE ENFORCER O.S.H.A. approval, O.S.H.A. will withdraw its inspectors from the Is this obligation actual or state, but will still require of theoretical? Is there any practical employers with the state all the necessity for every employer to reporting it requires in other states. read all rules and regulations The state agency must also make issued by O.S.H.A.? Yes, there is. frequent reports to O.S.H.A. and The rules are published without be subject to disapproval at any indices or other aids to make them time. Both O.S.H.A. and H.E.W. useable as handy reference. can make grants to states for Employers are given no specific experimentation and research notices, guides, or instructions and and health, concerning safety about what they must do. They O.S.H.A. can make grants to pay must read it all to determine (if they for ninety percent of the cost of can) what applies to them. If an safety-and-heal- O.S. H. A. -- enforcing approved state ALMOST 270 PAGES OF unexpected inspection could find him in violation of requirements he REGULATIONS On May 29, 1971, O.S.H.A. published a 357,000 word set of rules and regulations, filling 250 pages in the Federal Register. In June of 1972, O.S.H.A. issued a booklet containing seventeen additional Federal Register pages (approximately 25,000 words) of rules and regulations that had been published between May 29, 1971, and May 31, 1972. In an introductory note, O.S.H.A. said this bpoklet, combined with the set 250-pa- ge of regulations previously published, constitutes a complete set of all standards for general industry published through May 31, 1972. This adds up to 380,000 words of NIELSEN & DRAPER operations during the published first eleven months of its in addition to booklets and leaflets containing instructions on supplementary 571-065- 3 record-keepin- g, notice-postin- g, and what not. An extremely fast reader could not read this material at a rate of more than 5,000 words an hour This multiplies out to the fact that 13,500,000 employers covered by the O.S.H.A. statute 1 Buy From The Business You Own 295 SO. MAIN, OOCOOOOOOOOOOOOOOOOOOOOOOOO SSBSSSauotfdi siting i R ha del Iff G Snd Silt the operations of 13,- 500.000 employers (scattered from Guam to the Virgin Islands, from the Bering Sea to the .Panama Canal). Hence, the Occupational Safety and Health Administration inspect expects fear of unexpected inspections to motivate all employers to read and implement O.S.H.A. regulations before the O.S.H.A. inspectors arrive. George C. Guenther, Director of O.S.H.A., has admitted and explained this enforcement technique (in Nations Business, February, 1972). When asked what an employer can do to protect himself against a surprise inspection, Mr. Guenther said: He ought to be familiarizing himself with his responsibilities under the Act." Harassment Of Businessmen The O.S.H.A.crats began making inspections in July of 1971. Within a few months, O.S.H.A. had nearly 1,000 employees and volumes of O.S.H.A. safety had made 16,000 inspections. In of 1972, O.S.H.A. issued a regulations, can a television May that 78 percent of repairman, with one hired helper, report revealing know that the clothes hangers and all inspections had resulted in door latches in his toilet must meet findings of violotaions. .Some 14.000 citations had been issued, prescribed national standards? alleging 52.000 separate violations. If an employer asks O.S.H.A. Fines imposed on employers for guidance, he invites trouble. One small businessman who asked totaled well over a million dollars. Here are five violations for which A. for help in determining . O.S.H. O.S.H.A. most frequently cited what he was supposed to do to fined and employers: (1) Failure to comply with O.S.H.A. regulations, the official O.S.H.A. poster; got this reply: If a compliance post officer visits your place of (2) failure to post citation received at the worksite; (3) failure to post employment, he is obligated to O.S.H.A. Form 02, Summary; (4) d conduct a complete failure to maintain O.S.H.A. Form inspection. If he finds any alleged 100 Log; (5) failure to compile violations it could subject you to O.S.H.A. Form 102. To date, assessment of monetary penalties. O.S.H.A. has not revealed how If you still desire a visit under these much cost has been imposed on conditions, please let us know. employers for bringing their plants is no rules of the into compliance with O.S.H.A. Ignorance excuse for a violation of them, or requirements. The total must be an acceptable basis for claiming staggering! innocence of unlawful intent. In fact, holding ignorance of the rules Continued On Page 1 1 is essential an of tobe proof guilt feature of O.S.H.A.s enforcement technique. Of course O.S.H.A. cannot possibly inspect and re- example, how, except by reading 1 walk-aroun- Good Grades If your child gets poor grades and neither of you know why, call us. We'll give your child an analysis that will measure his abilities in 17 basic subjects and study skills. And reveal where his problems really lie. ' Then we'll correct the problems for a fraction of what you'd have to pay a private tutor. Bountiful Five Points 292-44Salt Lake Cottonwood Mall 278-57Provo . 60 E. Center 44 N"-'-- Dont ask us. TELL US. Give us your deadline. Well meet it or we wont accept the job. We know that every type setting job is important to you. Bring us your type setting, then go see amovie. Well get your job out on time. 24S9 Major knows nothing about. For Page 9 . a We take all three of our cars to Geralds Co-o- p Service. 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