Activity 3.

IMPROVING SAFETY
AND OTHER WORKING
CONDITIONS OF
WORKERS

(1971, Presently Available, $ 5,681,400, Pos. 370; 1971, Revised Estimate, $16,581,400, Pos. 1,005)

This program provides for carrying out the Department's responsibilities under the Occupational Safety and Health Act of 1970, including the establishment and enforcement of job safety and health standards, making grants to State governments to aid them in planning and carrying out safety programs, collecting and evaluating injury statistics, training personnel, and taking all necessary actions to ensure that workers have safe and healthful working conditions. An estimated 55 million employees and 1 million employers will be covered by this Act. This program also includes the promotion of safety and health programs under the Walsh-Healey Public Contracts Act, the Construction Safety Act, the Service Contract Act and the Longshoremen's and arbor Workers' Act. It will also provide guidance and assistance to Federal agencies the development and execution of safety programs for their workers. In addition, tate workmen's compensation laws and programs are evaluated to determine their dequacy for purposes of administering the Coal Mine Safety Act.

oposal:

Need:

Program:

OCCUPATIONAL SAFETY AND HEALTH

To develop occupational safety and health programs which will
set standards, develop a field structure to carry out compliance
activities, assist states in establishing effective programs,
collect and analyze statistics, set up training programs for
employees and industry personnel, and begin study of State
workmen's compensation laws.

The passage of the Occupational Safety and Health Act marks the
recognition of the need for national action to substantially reduce
on-the-job injuries, illnesses, and fatalities. The legislation
covers more than 4 million employers and their approximately 55
million employees. This Act becomes effective April 28, 1971.

During fiscal year 1971, efforts are being directed towards
planning for and implementing the Act. A separate organization
in the Department is being created to administer all of the functions
provided for under the Act, and it is expected to be operating
independently by or shortly after the effective date of the Act.
Program efforts are being concentrated on accomplishing the following:

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1.

2.

Developing initial safety standards which can be promulgated on or
about the effective date of the Act. As provided for in the Act,
existing standards under the various government contracts acts
and the Longshoremen's and Harbor Workers Act will be used as
appropriate. Procedures will be developed for reviewing these
standards, national consensus standards, and others, with a view
towards promulgating within two years those which assure "the
greatest protection of the safety and health of the affected
employees";

Recruiting and training safety officers and legal staff for the
field to conduct initial enforcement efforts, with compliance
personnel concentrating on industries with the highest hazards,
on handling complaints, informing employers of their responsibi-
lities, and seeking voluntary compliance arrangements. Policies
and procedures will be developed for carrying on compliance acti-
vities, including those governing the handling of requests for
citations, the issuance of citations, the assessment of civil
penalties, and the handling of 'imminent danger' situations;

3. Working with State governments to improve their safety programs.
Initial emphasis will be placed on encouraging States to apply for
planning and demonstration grants, since it appears that few, if
any, States are now in a position to begin using the 50% funding
operational grants. Section 18 (h) agreements will provide for an
interim adjustment period, but State program development will begin
immediately so that States can have approved plans in place by the
December 1972 deadline.

4.

Testing and implementing the new statistical reporting system for work injuries recommended by the American National Standards Institute. This will require close coordination with the States, and a number of States are expected to apply for grants for this purpose. Statistical data collection and promulgation will be primarily performed by the Bureau of Labor Statistics on a reimbursable basis; and

5. Establish and provide necessary staff assistance to the National Commission of State Workmen's Compensation Laws.

In addition to these immediate critical demands of the Occupational Safety a Health Act (OSHA), work has also begun on the other functions, including the develo ment of training programs for employers and employees; design of research efforts; augumentation of laboratory facilities to service the industrial hygienists and per form other necessary analysis; inform employers, employees, and others of the requi ments and protection of the Act; and create the needed administrative and evaluative support capability.

The request includes resources for: the Office of the Solicitor (90 position and $663 thousand) to provide legal support services and carry out litigation activities; the Bureau of Labor Statistics (60 positions and $571 thousand) to implemen statistical programs provided for in the Act; and for the Office of the Secretary

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(15 positions and $120 thousand) to provide Departmental management support services. The request also includes resources for the National Commission on State Workmen's Compensation laws (55 positions and $522 thousand ) to conduct the evaluation program specified in the Act.

It is planned to distribute the total resources requested as follows:

THURSDAY, APRIL 1, 1971.

DEPARTMENT OF HEALTH, EDUCATION, AND

WELFARE

ENVIRONMENTAL HEALTH SERVICE

ENVIRONMENTAL CONTROL

WITNESSES

DR. MARCUS M. KEY, ASSISTANT SURGEON GENERAL, DIRECTOR, BUREAU OF OCCUPATIONAL SAFETY AND HEALTH

CHARLES MILLER, DEPUTY ASSISTANT SECRETARY, BUDGET

Mr. FLOOD. We now have from the Department of Health, Education, and Welfare, a request for a supplemental appropriation of $5,315,000 for the Environmental Health Service. Dr. Marcus M. Key will be the principal witness. He is accompanied by Charles Miller, the Deputy Assistant Secretary for Budget.

GENERAL STATEMENT

Doctor, how do you wish to proceed with your statement?

Dr. KEY. I would like to read a shortened version and put the other statement in the record.

Mr. FLOOD. That will be fine.

(The statement follows:)

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Statement by the Director, Bureau of Occupational Safety and Health

on

"Supplemental Appropriation for Environmental Control"

Mr. Chairman and Members of the Committee:

This supplemental appropriation is requested to permit the Bureau of Occupational Safety and Health to expand its activities to fulfill the many responsibilities of the Department of Health, Education, and Welfare under the Occupational Safety and Health Act of 1970 which was enacted on December 29, 1970.

During the final weeks of the 91st Congress, a joint Senate-House Committee conferred on Senate and House passed versions of the Occupational Safety and Health Act of 1970. Both bills provided basic authorities in research, technical assistance, and training for DHEW; however, the Senate version provided several more specific requirements for action on the part of DHEW and established a National Institute for Occupational Safety and Health. The Conference Bill, which was reported out on December 14, 1970, was passed by the Senate (unanimously) on December 16, and by the House (308-60) on December 17, 1970. On December 29, 1970, the Occupational Safety and Health Act was signed into law with the President labeling the Act as "...one of the most important pieces of legislation to pass in this Congress." Secretary Hodgson stated that "Secretary Richardson got more of a health component into this bill than in any of the previous bills...." Occupational safety and health legislation has been under consideration since the 90th Congress and extensive hearings were held in 1968, 1969, and