Taking The Hill
OSHA Reform
The House Committee on Education and the Workforce has passed four pieces of legislation that would reform the Occupational Safety and Health Administration (OSHA), despite opposition from committee Democrats. This legislation will now be considered by the entire House.
- The Self-Audit Promotion Act, if enacted, would encourage employers to conduct their own workplace evaluations, but would prohibit OSHA from using the results of these evaluations to punish employers. The evaluations could only be used against employers in criminal investigations, if the employer chooses to make the records available to OSHA, or if OSHA is investigating an alleged violation and has independent evidence.
- The Fair Notice of OSHA Standards Act would require OSHA to publish notices in the Federal Register that list the specific industries affected by new OSHA regulations. The act also would require the secretary of labor to ensure that new OSHA standards are based on worker risk to hazards - the best estimate of the benefits of the standard - and an analysis of the costs involved.
- The Sound Scientific Practices Act would require OSHA to appoint an independent scientific panel to review proposed standards.
- The final bill would make the Occupational Safety and Health Act applicable to the U.S. Postal Service.
NHTSA Calls on Shops to Deactivate Air bags
The National Highway Traffic Safety Administration (NHTSA) has called upon motor vehicle repair businesses and dealers to begin fulfilling consumer requests for airbag on-off switches, something the Automotive Service Association has discouraged its members from doing. NHTSA has approved more than 30,000 switch requests, but only about 1,000 of the switches have been installed. Many repair shops and dealers refuse to install the switches because of liability
concerns.
In a message to repair shops and dealers, NHTSA has asserted that it is not aware of lawsuits or claims made against repair businesses that have installed switches, and stated, "NHTSA believes the risk of a lawsuit being filed is remote."
NHTSA is currently compiling a list of repair shops and dealers that will install the switches and is publishing it on its Internet site.
In January, ASA advised its members not to install airbag on-off switches or disconnect air bags in response to a rule issued by NHTSA.
The rule allows persons to have switches installed on their vehicles if they must place an infant or a child under 12 years old in the front seat, have certain medical conditions, or are under 4 feet 6 inches tall. Vehicle owners must get permission from NHTSA before taking the vehicle to an independent repairer or a dealer to have the switch installed. Dealers and shop owners, however, cannot be compelled to install the switches and are statutorily prohibited from installing a switch without the vehicle owner obtaining written permission from NHTSA.
If a shop or dealer elects to install a switch, it must review the NHTSA documentation authorizing the installation of the switch, install a retrofit on-off switch for each air bag covered by the agency's authorization, ensure that the switch meets certain requirements, provide an insert for the owner's manual, and submit certain information to NHTSA. The shop owner may also require a release form to be signed by the vehicle owner.
NHTSA will also approve complete airbag deactivation when a switch is not available or when a switch is only produced by an aftermarket parts manufacturer. NHTSA must approve all deactivations on a case-by-case basis.
In March, the Big Three domestic automobile manufacturers agreed to assume some liability for their dealers that install airbag switches.
Bill to Establish Legislative Review
The House Government Reform and Oversight Committee has approved H.R. 1704, legislation that would establish the new Congressional Office of Regulatory Analysis (CORA). The office would review regulations issued by federal agencies and complete an analysis of each.
This is one of several initiatives by Congress to relieve small business and encourage discussion about legislation and regulations that affect the small-business community. Legislation was recently passed by the U.S. House of Representatives that encourages debate on legislation that would have a significant economic impact on the small-business community. H.R. 1704 would create an office to provide information to Congress about the costs of federal regulations.
Two amendments were added to H.R. 1704 during the mark-up. The first would subject any of CORA's findings to the Freedom of Information Act. The second would require the office to be funded with annual legislative branch appropriations.
Similar legislation has been introduced in the Senate by Sen. Richard Shelby, R-Ala.
EPA Develops New Stormwater Regulations || ABS Service Myths and Facts || Towing and Rental Cars || Handling Personnel Crises || Guest Editorial || Tech to Tech || Tech Tips || News Briefs || Taking the Hill || Around ASA || Net Worth || Stat Corner || Shop Profile || Chairman's Message
AutoInc. Magazine ®, Vol. XLVI, August 1998 (http://www.asashop.org)