House Committee on Education and Labor
U.S. House of Representatives

Republicans
Rep. Howard P. “Buck” McKeon
Ranking Member

Fiscally responsible reforms for students, workers and retirees.

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Committee Statement

FOR IMMEDIATE RELEASE
June 24, 2008

CONTACT: Alexa Marrero
(202) 225-4527

McKeon Statement: Hearing on “Is OSHA Failing to Adequately Enforce Construction Safety Rules?”

Good morning Chairman Miller, members of the Committee, and our panel of witnesses. We’re here this morning for a broad overview of OSHA’s efforts to ensure worker safety within the construction industry.

Given a number of recent high-profile crane accidents, I expect that we will also look specifically at the crane and derrick standard currently in place, as well as the pending update to that standard that began with a negotiated rulemaking process in 2004.  It’s my understanding that OSHA sent a proposal to revise and update the crane rule to the Office of Management and Budget earlier this month for final review, and that we can expect to see final regulations in place before the end of the year.

Media reports have shown the devastation that can occur when construction equipment fails.  As we have seen, this problem has not been isolated in one area of the country, but has had consequences nationwide.

Construction cranes, for instance, are powerful tools in today’s construction arena.  They are being built higher, can carry larger loads, and – if used properly – improve the efficiency of a construction project.  Cranes can eliminate many man hours for lifting and moving supplies and materials on the jobsite.  They can also be among the most dangerous equipment for construction workers to be around.  Constant vigilance is vital when workers are moving in and around functioning cranes. 

Investigations into a number of recent crane accidents are still underway, and I expect these investigations to provide valuable information about how to prevent such tragedies in the future.  However, I am very troubled by allegations in The New York Times that the city’s chief crane inspector has been accused of taking bribes to certify cranes as operational and workers as having successfully passed licensing exams.  I request unanimous consent to include this article, dated June 7, 2008, in the hearing record.

Construction is vital to economic growth.  But it’s also an inherently dangerous industry, and that’s why it’s so important that steps be taken to help mitigate the risks and protect the workers.  Because of the unique characteristics of construction job sites and their associated dangers, OSHA has put in place specific and extensive regulations directed at the construction industry.  I look forward to learning more about those standards today.

We have before us a distinguished panel of experts including OSHA Administrator Foulke, who has taken over the development of the crane regulation I mentioned earlier in the midst of its development.  I am hopeful he will provide us with an update on the crane rulemaking that has been developed, as well as the other specific safety standards applicable to the construction industry.

This hearing is an important first step to examine safety protections for workers in the construction industry, with a particular emphasis on the crane accidents that have drawn so much attention in recent months.  I anticipate that the conclusion of OSHA’s investigations will also help shape public policy on this important issue.

I would also request unanimous consent to include testimony for the record from Mr. Graham Brent, executive director of the National Commission for the Certification of Crane Operators.  When this hearing was originally scheduled we were notified that it would focus exclusively on crane safety.  Although the scope of the hearing has been expanded, I believe the record will be enhanced with inclusion of Mr. Brent’s testimony.

Thank you Chairman Miller, and I yield back the balance of my time.

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