Let's Improve the Ground Rules for Health & Safety (7b8c16fa-4b34-4325-8952-ff43c85b13c1)

Approximately 2000 years ago, the Lord admonished the scribes (lawyers) and pharisees (religious leaders of that time) that they had paid the tithe but had omitted the weightier matters of law, judgment, mercy, and faith. (Matt. 23:23) I want to talk about "The Weightier Matters of Law." In a situation where big government is trying to have an effect on even small details of a work activity, otherwise simple situations become complex. Regulations are written to such detail that constant compliance with strict interpretations can be a nightmare-not to mention off the target of the intended purpose for the regulation. One soon recognizes the onerous characteristics of federal statutes. Another admonition the Lord gave those lawyers and pharisees back then was that they tended to strain at a gnat and swallow a camel! He meant that the pharisees were given to devoting themselves to the strict interpretation of law by writing hundreds of subrules or interpretation to law. In doing so they eventually lost sight of the original purpose of the law. I think they were being told, keep the law-but don't neglect to humanize it Keep it simple Recognize the purpose of why the law. "Mix in" a common sense approach. Someone once said, "Common sense is instinct -enough of it is genius." Today, as 2000 years ago, we need more "genius" displayed by legislators in considering the weightier matters of law. First of all true legislature genius calls for a declarative statement about the purpose of the statute and a fair, objective analysis of the ground rules by which it will be implemented. In the Health & Safety Act of 1969, the "findings and purpose" as set forth in Section 2 do define its purpose. I believe most of us affected can be in accord with the reasons advanced for the legislation. However, beyond those well-intentioned few paragraphs, we very quickly run into trouble. Congress complicated the simplicity of the statement of purpose by mandating government intervention into areas that cannot be effectively legislated, nor even should be legislated. The Act provided for broad gaged regulation which is unnecessary, inappropriate, and tremendously costly. Frankly, it detracts from a constructive, cooperative effort by the parties involved. These are strong negatives which characterize inappropriate legislation. Appropriate legislation and subsequent regulation, which is realistically conceived and practically enforced must be born of an honest desire for improvement, based on a working knowledge of common problems which are thoughtfully analyzed. Then the legislation must be written in clear concise language so that there can be little or no doubt as to its literal meaning and intent. To be practically enforced, it must be understood by all who will enforce it and by all who are subject to it. That is to say, an effective law or standard cannot be fixed or inflexible so that it cannot be tempered in human judgment. There must be an elasticity in the statute to provide for consideration of all of the relevant facts of a given situation. Such elasticity makes the compliance effort as meaningful as it can be for the time and dollars invested. Meaningful compliance requires room for common sense. Today, we in business along with our associates in government and labor, urgently need to pause, and assess our current situation. The problems arising from the 1969 Act have been intensified through the Mine Safety & Health Act of 1977. After reading the "findings and purpose" of this legislation, and by process of elimination, we should all clearly see what is and is not the purpose of the Act. 1) It is not to turn the management of private industry over to government. 2) It is not to impair the efficient operation of business. 3) It is not to reduce productivity and profits. 4) It is not to reduce national unemployment. 5) It is not to perpetuate the bureaucracy. 6) It is not to increase the tax burden on an already overburdened people. 7) It is not to increase our balance of payments deficit. 9) It is not to replace management/labor relations in working together to solve problems.