For The Week Ending April 28, 2000
This weekly report is written by the American Society of Civil Engineers' Government Relations staff. If you have questions or comments about any items in this report, please contact Brian Pallasch, Michael Charles, Martin Hight, Austin Fulk, or Liz Hermsen at 202/789-2200.
Inside This Week:
Senate Questions OSHA on Ergonomics Rule
Members of the Senate Health Committee's Subcommittee on Employment, Safety and Training closely questioned Charles Jeffress, Assistant Secretary for Occupational Safety and Health on the Occupational Safety and Health Administration's (OSHA) proposed ergonomics rule. The April 27 hearing was one of many hearings this year that focused on the proposed rule, which is widely opposed by Republican, and some Democratic, members of Congress. Congress has been very critical of the proposed rule and has expressed concern with its scope, expense and process. ASCE echoed these concerns in comments to OSHA on March 1, 2000. ASCE's comments are available on the web at regag_ergonomicspgrm.cfm.
This hearing focused on concerns that the proposed rule would conflict with state workers' compensation laws. Subcommittee Chairman Michael Enzi (R-WY) suggested that while OSHA is prohibited by law from interfering with workers' compensation, the new rule could destroy the balance between employees and employers set up by individual state workers' compensation systems.
Legislation to Increase H-1B Visas Advances in House
Congressman Lamar Smith (R-TX) has introduced legislation, H.R. 4227 "Technology Worker Temporary Relief Act," which would increase the number of skilled temporary foreign workers permitted in the U.S., by 45,000, to 160,000 for the year 2000. The bill was approved by the House Judiciary Committee's Subcommittee on Immigration and Claims and is pending approval by the full Committee.
ASCE, along with others in the engineering and technology community, has expressed concerns about the legislation. In a Resolution being considered by the ASCE Board of Direction this weekend of April 29, ASCE expressed, among other concerns, that the easy availability of guest-workers reduces incentives for employers to hire U.S. workers and to invest in education and training.
Gore Proposes Extension of Drinking Water Protections
Vice President Gore has announced an Administration proposal to improve drinking water quality for 109 million Americans by protecting groundwater supplies from disease-causing viruses and bacteria, such as E. coli. The proposed rule -- the first to extend such protections to underground sources of drinking water -- is expected to prevent over 115,000 illnesses a year.
Approximately 157,000 public water systems in the U.S. draw all or part of their drinking-water from underground sources. At present, the use of disinfectants to prevent waterborne disease is required only in public water systems supplied by surface waters -- such as rivers, lakes, and streams. But new research indicates that groundwater supplies also can be susceptible to contamination from a range of sources, including failed municipal sewage treatment systems and failed individual septic systems.
Under the new rule proposed by the Environmental Protection Agency, states would be required to survey all drinking-water systems; groundwater systems at risk of contamination would be required to monitor their sources and take corrective action such as disinfection to address any contamination found. Drinking-water suppliers using groundwater also would be required to fix defects in their systems that could lead to contamination. The proposed rule would not affect private wells serving individual homes. EPA recommends that private well owners test their wells annually for coliform bacteria.
EPA will take public comment on the proposed Ground Water Rule for 60 days. For more information, the general public can call the Safe Drinking Water Hotline at 800-426-4791. A fact sheet, the proposal and additional information are also available on the web at http://www.epa.gov/safewater/gwr.cfm.
Supreme Court Declines Review of Hazardous Waste Case
The Supreme Court has declined to review a court of appeals' decision that held that a metal refinishing facility illegally disposed of hazardous waste, and that the facility's owners and operators are subject to the financial assurance requirements under Colorado regulations governing generators of hazardous waste and the operation and maintenance of hazardous waste treatment, storage, and disposal facilities.
The Court of Appeals found that the evidence supported the trial court's determination that the facility and its owners and operators had to provide financial assurances in the amount of $3.5 million pursuant to a Colorado regulation that implemented the federal Resource Conservation and Recovery Act (RCRA), and which required owners and operators of hazardous waste facilities to document their securing of financial resources required for the closure and post-closure of their facilities in an appropriate and safe manner.
The facility unsuccessfully argued that the absence of closure and post-closure plans for the facility precluded the calculation of financial assurances and that the preliminary injunction requiring it to provide financial assurances associated with the facility's closure was a disguised order for prejudgment security for preclosure remediation of the facility site. The Tenth Circuit held, however, that the district court properly considered remediation costs for present contamination in calculating the costs associated with the financial assurances necessary for the facility's closure or post-closure, given the past unwillingness of the facility and its owners and operators to comply with the RCRA and state implementing regulations.
State Legislative Update
ASCE continues to provide updates on state legislation affecting civil engineers as state legislative sessions progress. For more information on the following bills, or any other state legislative matters, please contact Austin Fulk, ASCE's Manager of State Government Relations, at 202-789-2200 or via email at govwash@asce.org.
Contracting Out in California
In a major boost for the Fair Competition and Taxpayer Savings ballot initiative, the California State Building Trades Council announced its support for the measure. The State Building Trades Council represents about 33 percent of the AFL-CIO in California, and is a major political force. The endorsement also gives balance to the initiative, which is currently strongly favored by many of the state's business interests. The initiative, which would allow the state to contract with private design firms for state construction work, will be on the November general election ballot.
Interior Designer Licensing in Alabama
The Alabama Senate's Rules Committee favorably reported a bill, S.B. 507, to more comprehensively regulate the interior design profession and establish a new board to oversee the profession. The next stop for the bill is the Senate floor.
