H.Res. 351

Madam Speaker, I yield myself such time as I may consume.

(Mr. OWENS asked and was given permission to revise and extend his remarks.)

Madam Speaker, we are here again. We went through this marathon a year ago. We have had several sets of hearings and markups on these four bills, and one would think they are very important. They are important, but in the reverse way. They are not important to protect the health and safety of working families in America. They are important because they are trying to trivialize the whole safety component of the Department of Labor and the whole safety responsibility of the government. They want to trivialize it and make it seem insignificant and unimportant.

I understand each of the four bills amending the Occupational Safety and Health Act now on the floor will be considered individually, and I would therefore save my comments on the specifics of the other three bills until the appropriate time. When you consider these four bills as an entire package, however, it becomes very clear that they will seriously erode the enforcement of U.S. safety standards, they will undermine the ability of the Occupational Safety and Health Administration to enforce on-the-job safety standards, and will only add to more worker deaths and more serious injuries.

It will not only lead to the Department of Labor becoming more and more the department against laborers, the department against working people; by bringing these bills to the House floor, the Republican leadership shows yet again just how out of step it is with the American people. In this case, the House Republican leadership is backing four bills to weaken OSHA at the very time that the American public is demanding the exact opposite be done.

According to a recent poll sponsored by the Wall Street Journal, eight out of every ten Americans believe Congress should be passing legislation to ensure greater health and safety in the workplace. Let me repeat that: The Wall Street Journal, which is hardly a liberal publication, they sponsored a poll in April 2005 revealing that 84 percent of those surveyed want lawmakers to pass bills ensuring safer workplaces in America. That is 84 percent.

Parade Magazine, another mainstream publication, tells us the same story. An article published in the April 10 issue of Parade Magazine assessed our national priorities based on 2005 dollar allocations for government programs. The article juxtaposed business versus safety, pointing out that this year's funding for the Securities and Exchange Commission is $888 million and the Small Business Administration, which is $580 million, far exceeds that for OSHA, which is $464 million, and the Consumer Product Safety Commission which is $63 million. The amount dedicated to business, Parade Magazine concludes, is close to $1 billion more than that dedicated to safety in this simple comparison.

The OSHA bills being voted on today will only serve to exacerbate this huge divide between Federal investments in business versus safety. One of the bills, H.R. 742, will even require OSHA to spend part of its meager budget rewarding certain employers who are repeat safety violators. This bill would reimburse firms that are repeat safety offenders for attorneys' fees whenever OSHA citations are downgraded on a technicality during administrative or court proceedings.

The American people are serious about seeing tougher laws enacted to improve safety on the job, and their concerns are well founded. In a hearing last month, the U.S. Chemical Safety Board underscored the fact that chemical dust explosions represent a serious industrial hazard in this country. Since 1980, 200-plus explosions and dust fires in U.S. plants caused the deaths of 100 workers and significant injuries to 600 others. Even though the Chemical Safety Board chair stresses that these

industrial explosions are clearly preventable, no comprehensive Federal effort has yet been established to address these clearly preventable explosions.

As recent headlines about worker deaths in Texas, New York and Ohio have revealed, American workers are far too often killed or severely injured as a result of safety violations by employers who have lengthy histories of similar offenses.

In March 2005, 15 workers were killed and more than a hundred injured in a massive British Petroleum refinery blast. A preliminary Chemical Safety Board investigation indicates that faulty equipment was a key factor in this terrible explosion which also destroyed buildings and cars. Yet OSHA had already fined the same British Petroleum plant $100,000 in September 2004 for safety violations that at that time had killed two workers. In fact, OSHA had previously cited and issued a fine of $63,000 in March 2004 to that British Petroleum plant for 14 safety violations.

Even though the Texas City British Petroleum Plant is clearly a repeat safety offender, OSHA routinely reduces penalties and downgrades violation findings as a means of encouraging correction of the problem. I suppose that is what is alluded to by this voluntary compliance. They are going to voluntarily comply one day, but in the meantime, many more workers will be killed.

A newly released analysis of 2,500 inspections of New York construction sites reveal similar patterns of serious and frequent violations of OSHA safety standards. Nearly two-thirds of all violations in 2003 involved faulty scaffoldings and/or the failure to provide fall protection equipment. Scaffolding collapses and falls are the most common cause of construction worker hospitalizations and deaths of three or more workers. Sponsored by the New York Committee on Safety and Health, this report recommended more vigorous OSHA enforcement and the hiring of more OSHA inspection officers, among other remedies. Under its current staffing, it would take OSHA 108 years to inspect all of the workplaces in the United States.

Yet this administration has proposed that we hire 41 new auditors to audit organized labor records. If we have the money for 41 new auditors to audit the petty cash records of labor unions, surely we ought to be able to find the money to hire more inspectors and have those inspectors be inspectors not on a voluntary compliance basis but on a serious basis to save lives and injuries.

OSHA also lacks adequate safety standards to cope with globalization. Four ironworkers killed last year by a massive crane collapse near Toledo, Ohio, were working for a contractor with a history of repeated safety violations.

Moreover, OSHA has yet to release a standard an advisory committee drafted a year ago to govern inspection of cranes manufactured in Europe, as the crane in the Ohio fatalities had been.

In closing, the American people are watching us. By an overwhelming majority, the public wants to pass bills to strengthen OSHA, not to weaken OSHA. They want safer workplaces in America. The bills before us now do just the opposite. I urge my colleagues to join me in voting ``no'' on these bills.

Madam Speaker, I include for the Record letters from the AFL-CIO, the Teamsters, the UAW, AFSCME, as well the United Steelworkers in opposition to these bills.

American Federation of Labor and Congress of Industrial

Organizations,

Washington, DC, July 11, 2005.

Dear Representative: I am writing to express the strong

opposition of the AFL-CIO to H.R. 739, H.R. 740, H.R. 741 and

H.R. 742, four bills that would erode worker protections

under the Occupational Safety and Health Act. These bills,

which are scheduled for a floor vote the week of July 11,

2005, would change established law and procedures to benefit

employers and stifle OSHA enforcement. They would do nothing

to enhance workers' safety and health protection, while

weakening the OSHAct. We are particularly concerned about

H.R. 742 and H.R. 741, because these two bills would

significantly undermine OSHA's ability to carry out its core

mission.

H.R. 742. Occupational Safety and Health Small Employer

Access to Justice Act--This bill requires taxpayers to pay

the legal costs of small employers who prevail in any

administrative or enforcement case brought by OSHA regardless

of whether the action was substantially justified.

The language expands provisions of the current Equal Access

to Justice Act, which already permits small businesses to

recover litigation costs where the government position was

not substantially justified. H.R. 742 will have a chilling

effect on both OSHA enforcement and OSHA standard setting.

OSHA will be hesitant to cite employers for violations of the

OSHAct unless there is absolute certainty that the

enforcement action will not be challenged, will be upheld or

there will be no modification in the terms of action.

Similarly, unless OSHA is certain that a standard will not be

challenged (which they are routinely for any number of

reasons), it would not dare begin the rulemaking process on

any hazard no matter how grave the threat of the hazard to

workers. No rational public policy would be furthered by

discouraging OSHA from issuing citations that are

substantially justified, but as to which the government

ultimately is unable to carry its burden of proof. Rather,

the inevitable result of such a rule, which would penalize

the government every time it loses, would be to chill the

issuance of meritorious citations in close cases on behalf of

employees exposed to unsafe working conditions. This bill

would further weaken OSHA enforcement efforts and standard

setting to the detriment of American workers.

Across all industries, establishments with fewer than 100

employees (which in 2000 made up 97.7 percent of all private

sector establishments) have a higher rate of fatal

occupational injury than do establishments with 100 or more

workers. Effectively hampering OSHA's enforcement ability in

these establishments would be devastating to workers,

resulting in even higher rates of worker fatalities, injury

and illness.

The number of OSHA enforcement actions that involve

contested adjudications is fairly small, the penalties are

generally modest, and the substantive and procedural

standards already accommodate the interests of small-business

litigants. To be clear, there is no evidence that this

legislation is necessary. The result of H.R. 742 will be a

skewed set of enforcement priorities and a risk of injury,

illness and even death to workers.

H.R. 741. Occupational Safety and Health Independent Review

of OSHA Citations Act--This bill would change the Act to give

deference to the Commission regarding the interpretation of

OSHA standards. The bill seeks to overturn a 1991 decision by

the Supreme Court that found that deference should be given

to the Secretary of Labor as the official responsible for

enforcing the OSHAct.

The Secretary of Labor has much greater experience and

expertise regarding the interpretation of safety and health

standards and regulations than the Commission. The Secretary

develops the rules and is responsible for their broad

application. In contrast, the Commission only reviews the

application of standards in those few cases that are

contested and come before the Commission. Giving deference to

the Commission would create an incentive for challenges to

the Secretary's rules and interpretations, undermining the

Secretary's policymaking and enforcement functions.

H.R. 740. Occupational Safety and Health Review Commission

Efficiency Act--The bill requires that the number of members

on the Commission be increased from three to five and that

all members must be attorneys. It also seeks to allow members

whose terms have expired to continue serving on the

Commission for an additional 365 days in cases where no

successor has been confirmed by the Senate.

The Review Commission has operated with three Commissioners

since it was first formed in 1970. Increasing the size of the

Commission from three to five members is not necessary and

would enable the Bush Administration to stack the review

commission with business-friendly appointees. The requirement

that the Commissioners be lawyers would exclude a large pool

of talented persons from service. Allowing members whose

terms have expired to continue serving on the Commission for

an additional 365 days unless a new appointee is confirmed by

the Senate may mean a sitting member could have a de facto

seven year term, dending on the political makeup of the

Senate and White House. The current requirement that a member

step down at the expiration of his or her term is appropriate

and maintains pressure on all parties to work together to

select a qualified person for the Commission. Under this

legislation, rather than having two members for a working

quorum, three will be needed. However due to the way the

language is crafted a minority of the Commission and fewer

than a quorum could take action. This makes no sense and

opens the door to abuses of power. Moreover, there is not

enough enforcement activity at OSHA to warrant five

commissioners.

H.R. 739. Occupational Safety and Health Small Business Day

in Court Act--This bill seeks to excuse employers who miss

the fifteen-day timeframe to contest citations and failure to

abate notices. Its practical effect would be to make numerous

excuses into legal reasons for missing the fifteen-day

timeframe in which employers currently must respond to

OSHA citations. This action will only encourage more

litigation. The idea of the fifteen-day requirement is to

give all parties a reasonable timeframe in which to take

action, and to ensure that the case is moved along as

quickly as possible so the

hazards cited will be addressed in as timely a manner as

is possible. The Commission should be able to review any

missed deadlines on a case-by-case basis, as is currently

the practice. The one case being held up to demonstrate an

insurmountable obstacle for employers is just that--one

case. No legitimate reason has been presented as to the

need for this bill.

As demonstrated above, these bills undermine the intent of

the Congress when it enacted the OSHAct more than 30 years

ago. Generally speaking, these policies and procedures have

been serving workers well for over 30 years. American workers

deserve a safe and healthy workplace and the full protection

the OSHAct can offer. These bills would surely diminish the

protections provided to workers by the OSHAct. For these

reasons, the AFL-CIO opposes these four bills, and we

strongly urge you to vote against each of them.

Sincerely,

William Samuel,

Director, Department of Legislation.

Madam Speaker, I reserve the balance of my time.

Madam Speaker, I yield such time as she may consume to the gentlewoman from California (Ms. Woolsey).

Madam Speaker, I yield myself such time as I may consume.

H.R. 739 specifically creates a legal loophole for bypassing the obligation on an employer's part to meet a 15-day deadline for contesting OSHA citations. As such, the bill promotes increased litigation. Given that the OSHA commission already has the authority to review any missed deadlines on a case-by-case basis, such litigation is completely unnecessary. That bears repeating. At present, the OSHA commission relies on its longstanding practice of reviewing, on a case- by-case basis, any missed deadlines. So what is the rationale for this bill?

H.R. 739 is not only superfluous and offers nothing productive that is positive and new; it also negatively serves to delay the timely correction of workplace safety violations and hazards. The 15-business- day timeline for an employer's response was set to encourage speedy removal of work site hazards as well as the expeditious handling of cases. It establishes a reasonable time frame for protecting all the parties. It protects the employers as well as the workers. By contrast, H.R. 739 will needlessly place some workers at greater risk of on-the- job injuries or fatalities.

Let me give you a few concrete examples to illustrate the risk. In March 2003, OSHA began an inspection of Strack, Incorporated, a pipeline company in Atlanta, Georgia. OSHA inspectors had seen Strack employees working in a trench that was up to 12 feet deep. Yet a trench box, designed to protect workers, had been left on higher ground and more than 100 feet away from the site. In May 2003, OSHA issued Strack, Inc. a willful citation with a proposed fine of $44,000 for failure to use a trench box. Fortunately in this case, the hazards were corrected before anyone was killed. As an OSHA inspector put it, cave-ins occur quickly and without warning; and then it is too late to protect workers.

When it comes to trenching, failure to correct hazards in the 15-day required period can have fatal consequences. As Jeffrey Walters of Cincinnati, Ohio, testified before me last year, his only son Patrick died in a cave-in on June 14, 2002, only weeks after OSHA cited the firm Patrick worked for, which is Moeves Plumbing, for willful trenching violations. In fact, Moeves Plumbing had been inspected by OSHA 13 times before Patrick's death. Moreover, another worker had died while digging trenches for the same plumbing company several years before Patrick died in the same way.

All of this is to say that speedy correction of work site hazards cited by OSHA can often mean the difference between life and death. Thus, when OSHA finds a safety violation, it clearly merits immediate attention. I urge my colleagues to vote ``no'' on this bill again.

Madam Speaker, I yield 2 minutes to the gentleman from New Jersey (Mr. Andrews).

(Mr. ANDREWS asked and was given permission to revise and extend his remarks.)

Madam Speaker, I yield 3 minutes to the gentleman from New York (Mr. Bishop).

Madam Speaker, I yield 4 minutes to the gentleman from New Jersey (Mr. Holt).

(Mr. HOLT asked and was given permission to revise and extend his remarks.)

Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, I would like to just say that when we say the Republican majority is trying to trivialize the role of OSHA and the role of safety in the workplace, there is good foundation for this. When this administration took power, the present administration in the White House, one of the first acts that they perpetrated was the repeal of ergonomic standards at the urging of, of course, Republican Members of Congress. They repealed the ergonomic standards that had been in process with a lot of bipartisan development and support over a long period of years.

When the Secretary of Labor was Elizabeth Dole, great steps were made; and slowly we reached a point where we had ergonomic standards to pass. The current Bush Administration's first act was to repeal ergonomic standards, to toss them aside and to send a message that workers in the workplace are not that important, working families are really not important, working conditions in America are not important. The history of OSHA is that step by step they have saved thousands and thousands of lives.

One of the worst industries for safety before OSHA came into existence was the construction industry. The construction industry is still one of the most unsafe industries, but it has made tremendous strides in terms of saving lives as a result of being forced to follow certain kinds of standards by OSHA.

I think we need more light thrown on this subject, and for that reason we have prepared some information for each member of the committee by district, and they can get familiar with the problem in their district with this information that we have compiled.

For example, according to the Bureau of Labor Statistics in 2003, there were 200 worker deaths in the State of Illinois. But in the 13th Congressional District of Illinois, 69.5 percent of all the state's deaths took place. I think the Member of Congress from the 13th district ought to know that and take a look at what has happened in that district.

This packet that we want to prepare for each Member includes a chart detailing the statistics. The chart also lists the worker deaths according to the industry the person worked in and also the type of incident that was responsible for their death: was it a fall, contact with equipment, et cetera. The information is also broken down between government workers and those working in the private industry. This packet also includes a census report for each one of the districts showing how it relates to the surrounding areas, et cetera.

We will prepare this for each Member to just let them know how serious a matter this is in terms of their own immediate districts. We think working families in America should not be treated as if they lived in a Third World country, and a lot of Third World countries mores are being attempted by certain U.S. industries.

Particularly the construction industry, the construction industry looks for the most vulnerable people, immigrants. Illegal immigrants are employed in large numbers in the construction industry. And I come from a city where 40 percent of all male blacks are unemployed, according to two studies, two studies that confirm that 40 percent of all male blacks are unemployed. Yet there is a tremendous amount of construction going on, and if we go around the construction sites, we will find that the workers doing the manual labor, unskilled labor, are immigrants; and in many cases there are tremendous accidents, and these people are shuffled off and frightened and intimidated to the point where they never even report it. They do not have any workman's compensation, let alone feel that they have the right to be protected under the OSHA laws.

A review of more than 2,500 OSHA construction site inspection records in New York State from the year 2003 found that nearly one third of all OSHA construction violations in the State were of scaffolding or fall protection requirement violations, more than any other standard. The organizations involved in the analysis also said the results of this study as well as a separate review reveal troubling data about the plight of immigrant workers in the construction industry.

Their analysis, titled ``Lives in the Balance--Immigrants and Workers at Elevated Heights at Greatest Risk in Construction,'' was prepared by the New York State Trial Lawyers Association and issued by the New York Committee for Occupational Safety and Health and the Association of Community Organizations for Reform Now, called ACORN. Two other organizations Make the Road by Walking, and the New York Immigration Coalition, also sponsored the study.

The study reviewed all construction site OSHA inspections conducted in the State during 2003. Now, personally, I know and I have related on this floor, the total accidents that have taken place since then in New York City. Five immigrant workers lost their lives in a trench that was being constructed without proper safeguards.

I want to repeat that there is a class problem developing in America. There is a class problem. Those in power are insensitive to the needs of those who are out there working on the front lines, whether it is in domestic service or in dangerous jobs like construction, trucking and a number of chemical plants. These are dangerous jobs, but they have to be done. Our industries cannot survive without people who work in those dangerous jobs. They deserve all the protection we can give them. Just as the soldiers on the front lines in Iraq, Afghanistan or anywhere else always deserve the best that we can give them. Every soldier is automatically a hero when he goes out to fight for his country, because for every one who goes out to fight, there are a few hundred thousand left behind who will never be called. We should recognize and honor those who go out to fight. Therefore, the best armor protection, the best bullet-proof vests, all of

the things that are available to protect an individual's life should be available to those who go out to fight.

What we have found in this present war in Iraq is that people on the top, with their class-conscious sentiments at work, did not provide at first the kind of protection that should have been provided to the soldiers on the front lines out there. The soldiers come from the same working families. I cannot stress enough the need for all Americans to recognize that we are all in this together.

We have a governor of New York State now whose son was in the National Guard in a program that required that, once he came out, he had certain duties and obligations. This governor's son now is asking for a waiver. He does not want to go to Iraq; he wants a waiver. What kind of a message is that sending to all of the mothers and fathers of young men and women who have gone off to fight in Iraq in terms of our society? The person with the power does not want to make a sacrifice of his son.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, this is the worst of all of the OSHA bills before us today. It would treat OSHA differently than any other Federal agency. Under the Equal Access to Justice Act, if any agency's position is not ``substantially justified,'' the government must pay the opposing party's attorneys' fees. This bill says OSHA must pay attorneys' fees to a prevailing employer, even if OSHA's actions were reasonable. Under this bill, OSHA will find itself paying the attorneys' fees of repeated safety violators whose penalties were reduced on a technicality.

The real-life example of an employer by the name of Eric Ho in Houston illustrates the problem here. Eric Ho hired undocumented workers and exposed them to high levels of asbestos, and this represents the kind of case that could not be tolerated by OSHA. Even after a city worker issued a stop-work order, Eric Ho secretly had the workers stay on the job. Eric Ho's workers ate at the site. They worked throughout the night, and some even slept at the site. Ho then directed the workers to tap into what would prove to be a gas line, and there was an explosion which resulted in one contractor and two workers being seriously injured. In the end, OSHA cited Eric Ho for ten serious violations and 29 willful violations. In turn, Eric Ho challenged OSHA and a divided OSHA review commission eventually downgraded Eric Ho's citations. Although Eric Ho was sentenced to prison in a prosecution led by the Environmental Protection Agency, because they had jurisdiction also. Eric Ho violated the Clean Air Act and H.R. 742 would require that this man, who had been convicted by one Federal agency, be awarded attorneys' fees because of OSHA's actions. OSHA would have to award attorneys' fees to Eric Ho. In this instance, H.R. 742 would use taxpayer funds to reimburse a convicted felon on OSHA technicalities.

Under the Equal Access to Justice Act, when a Federal agency is not substantially justified and cites an employer and the employer prevails in judicial proceedings, the employer is reimbursed for his attorneys' fees and expenses by the U.S. Treasury funds. Under this bill, H.R. 742, OSHA would be required to reimburse from its own budget an employer who prevails in judicial or administrative proceedings,

even when OSHA was ``substantially justified'' in issuing its initial citations. Now, they say, still, they are not trying to chip away at the effectiveness of OSHA, destroying OSHA bit by bit. OSHA would have to pay out of its own budget. Whereas, under the other circumstances that are similar, U.S. Treasury funds are used. Thus, any time an OSHA staffer conducts an inspection and discovers serious safety violations, that inspector would have to second-guess himself or herself.

OSHA's inspectors will be forced to perform many mental gymnastics, trying to predict whether a citation, no matter how justified, might have the slightest chance of being adjusted or overturned on a technicality in review proceedings.

Mr. Speaker, Members of both sides of the aisle agree that under its current budget and staffing configuration, it would take OSHA 108 years, 108 years to inspect all of the workplaces in America.

Now, H.R. 742 would have the effect of tying the hands of OSHA inspectors behind their own backs, causing them to analyze each and every citation in the most serious minute detail.

In a sense this bill calls for OSHA inspectors and supervisory staff to become forecasters. They will be required to predict any and all possible scenarios in which a specific citation might be reversed on a technicality. In the meantime, the founding purpose of OSHA, to assure, quote, ``every working man and woman in the United States safe and healthful working conditions,'' that would be more or lose forgotten.

Mr. Speaker, there are Members on the other side of the aisle who would have us believe that every OSHA inspector is like police inspector Javert in Victor Hugo's famous novel ``Les Miserables.''

These Members compare every business owner to Hugo's noble character Jean Valjean, hounded by OSHA's Javertian inspector for having innocently slipped up on one point, one miniscule point of an obscure and archaic OSHA safety rule.

In turn, those Members refuse to acknowledge the relevance of another great novelist, Charles Dickens, who captured bleak scenarios in which greed led the owners of blacking factories to subject child workers to inhumane and life-threatening conditions. In reality, we do not have to turn to 19th century novels to enlighten us on workplace safety conditions in this country. We need merely turn to the last year's astounding New York Times investigative series on worker deaths by David Barstow.

Reporter Barstow reminded us all that someone harassing a wild burro on Federal lands in 2004 would get a stiffer penalty, that is up to a year in prison, than an unscrupulous employer whose willful safety violations resulted in the death of a worker.

As I have repeated several times during today's debate, that employer's malfeasance could result in a sentence of no more than 6 months in jail. However, if Mr. Barstow were to write his series this year, he would have to alter the comparison slightly. It is not, I am afraid, that we are doing a better job of holding errant employers accountable for serious safety offenses. Rather, it is because a provision in the Omnibus Appropriations Act enacted at the end of the 108th Congress repealed the protection of wild burros and horses on Federal lands.

So it is a different scenario; but still workers are no better off, I assure you.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield such time as he may consume to the gentleman from New Jersey (Mr. Andrews).

(Mr. ANDREWS asked and was given permission to revise and extend his remarks.)

Mr. Speaker, I yield 6 minutes to the gentleman from Ohio (Mr. Kucinich).

Mr. Speaker, how much time do I have remaining?

Mr. Speaker, I yield myself the balance of my time and would

like to point out that despite the rhetoric of my colleagues on the other side of the aisle, and we did hear again the last speaker mention the fact that one of the reasons we are attacking OSHA is because employers feel they cannot compete with these regulations. They cannot compete with American workers being treated the way they are being treated.

The humane treatment of American workers stands in the way of profits and competition with the people who are in the developing countries and China. They do not have to treat workers this way. They do not have to spend the money, as I said before.

But I want to point out that this bill is hardly limited to small businesses. The appearance or the notion that small businesses are being persecuted by OSHA, by the government, is an incorrect one. According to the Bureau of Labor Statistics, in 1998 there were more than 6.5 million private sector firms with 99 or fewer employees. H.R. 742 applies to all firms with 100 or fewer employees with a net worth of $7 million or less. These companies, those with a hundred or fewer employees and $7 million or less, comprise about 97 percent of all American businesses.

Let me repeat that. H.R. 742 applies to all but 2 or 3 percent of American businesses. This is the broadest definition of small business that anyone could ever come up with or dream up. It is similar to categorizing elephants as small mammals. It does not tell the story as it should be told.

Mr. Speaker, when it comes to employment-related laws, Congress traditionally defines a small business as one with 20 or fewer employees, 20 or fewer employees. As a matter of fact, that is the definition used on annual congressional appropriation riders, which exempt firms of 20 or fewer workers from scheduled OSHA inspections, 20 or fewer workers, not 100, as this bill treats.

Mr. Speaker, I would also point out that OSHA also has a long- standing practice of reducing penalties for small employers. For businesses with 25 or fewer workers, any OSHA penalty is routinely reduced by 60 percent. Routinely reduced by 60 percent. Likewise, for businesses with between 26 and 100 workers, any OSHA penalty is reduced by 40 percent. Again, OSHA inspectors, in reality, are hardly like the draconian police inspector Javert from the famous novel, ``Les Miserable.''

It is important, Mr. Speaker, to realize that there is a need for both parties to come together and for the Republican majority to yield on its strategy to destroy labor unions. There is a strategy that has been pursued relentlessly to destroy labor unions; and in the process, working families of course get hurt because working families are represented by labor unions. In the effort to destroy labor unions, everything related to them, it gives them some kind of power, has to be destroyed, among them including OSHA.

Members of unions are likely to complain. They are likely to insist on their rights. They are likely to report violations. OSHA is less likely to run over the interests of the workers if there is an accident or some problem. So the relentless pursuit of labor unions is part of the problem with this legislation. It has been brought back because it is a part of a master plan, and that master plan is to sort of distract our attention from the real issues related to safety in the workplace, distract our attention from the fact that it is really an employer protection act that we are concerned with. Employer protection at all cost.

The constituency of the Republican majority party demands it all: destroy the kind of environment and atmosphere that working families have been used to for years in this Nation. Let us change all that because it is not competitive. It is not competitive. It costs too much. We cannot compete with our overseas competitors. We are, in the process, drawn into the trap of class warfare. We hate to hear the term class warfare anywhere in America. Nobody wants to be accused of class warfare, but that is what it amounts to: working families against people who never get enough.

We have bloated capitalism. Aristotle said there are extremes of everything. There are extremes to capitalism. At one end of the spectrum, in terms of economic systems, you have communism; at the other end you have reckless capitalism. Capitalism out of control. Capitalism so greedy it never gets enough. I think democratic capitalism is the hope of the world, and we have enough experience now to know that democratic capitalism is the only system that really works. But if you allow capitalism to go to extremes, it tramples on the rights of workers. It tramples on the rights of consumers.

You know, workers are consumers. There is a madness at work here. As we destroy the buying power of workers, we are destroying that which makes our economy go.

We all agree, there is no debate about the fact that the economy of America is driven by consumer spending. Henry Ford understood that very early when he said, I am going to make cars and pay my workers enough money to buy them. That was a simple, commonsense idea that is at the heart of capitalism today. Two-thirds of our economy is dependent on what people buy. We are going to destroy the consumers by destroying the conditions in the workplace which allow our workers to work productively and get paid appropriately.

The minimum wage of today, Henry Ford would see right away, is not going to allow our consumers to keep buying products. We are lucky; there is a sort of credit card fantasy, an oasis of credit card credit that is driving our economy right now. But slowly, as we lessen the amount of money that flows into the hands of workers, as we move more jobs overseas and encourage outsourcing, as we give more and more of our dollars to China, because we are not giving all of our dollars to China, we are giving the dollars that they use for manufacturing, for production, but the trade with China benefits the wholesalers and retailers.

People are making big profits off China in this country. We would not be dealing with China if somebody was not making big profits in this country, but it is skewed. It is out of balance because in order to make big profits at the upper levels by producing products in a low- cost economy and getting the low-cost product, bringing them back into another economy with a different standard of living and selling those products at that standard, we are having consumers in America pay high prices for the lowest-priced goods that come from China. And the people who sell those goods and buy them from China, they walk off with the profits, along with the Chinese who produce those goods through the deals that have been made. There is more Wal-Mart in China than there is in the U.S., and more all of the time.

They find it so profitable to take the product, the production, the manufacturing to China, and bring back the products to capitalize on the sales here. It is not going to work eventually. We are catering to those who benefit at the top, but it is not going to continue to work because we are destroying our own consumer market. We are going to wake up and find that the economy is going to come to a standstill because nobody is able to buy the products that we want to sell.

Our own class war that we do not recognize and will not recognize will destroy us. Other evidence of a class war is the fact that we continue to give huge tax credits to the people at the very top who need it the least, yet we do not use the power of the Federal Government to increase the minimum wage.

We started this discussion about minimum wage, and we are going to end it on minimum wage. The minimum wage is one way that we guarantee all Americans have a part of American prosperity. We should be paying something like $8 an hour in order to keep minimum wage competitive with when minimum wage was first instituted. We should be paying about $8 an hour to enable those workers to buy the products that we want to sell and keep our economy going.

So minimum wage, we refuse to even consider. Congress has gotten huge increases in their own salaries, and refuse to consider a minimum wage increase for the workers at the very bottom. Is that not an element of class warfare? That is class contempt. That is class hatred, to stamp on those at the very bottom and refuse to use the authority invested in us by the American people.

We have the authority to raise wages, but the same people who are being protected by these bills as far as OSHA is concerned by minimizing their expenses and minimizing any trouble they have to encounter in making the workplace safe, they are being protected by refusing to raise the minimum wage. What is the ultimate danger here? The ultimate danger here is that, one day, working families are going to wake up and say, you have it all wrong. The country belongs to all of us, not you. If you do not want to admit that, it belongs only to us.

Working families are the people who go out and defend the existence of this country in times of war. They will determine whether we defeat terrorism or not. Working families are going to determine that we do not have domestic terrorism spreading in America because working families are going to save America by rising up to throw out people who insist on stamping on them and have contempt for them.

Mr. Speaker, in closing, I urge a ``no'' vote on all four of these bills today.

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, I yield such time as he may consume to the ranking member of the committee, the gentleman from California (Mr. George Miller).

Mr. Speaker, I yield 3 minutes to the gentlewoman from California (Ms. Woolsey).

Mr. Speaker, I yield such time as he may consume to the gentleman from New Jersey (Mr. Andrews).

(Mr. ANDREWS asked and was given permission to revise and extend his remarks.)

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I want to sum up and repeat, because I think it deserves repeating. First and most importantly, no one has really shown a need to increase the size of the commission from three to five members. We find it very unusual that the majority party with great emphasis on saving dollars on education and a number of much needed programs, wants to waste a little money on two additional members, create a little bit more of a bureaucracy by having two more members to make a decision. Instead of five people, three people can make this decision.

They have been functioning with three members since the creation in 1970. Why should it be any different now?

Given the enormous deficit spending promoted by this Republican majority, there is no real purpose in adding members and swelling the ranks.

Last but not least, I find it quite ironic also that my colleagues on the other side of the aisle want to tack on the requirement that the commission members have legal training. I think you have heard the expression that our colleague, the gentleman from Georgia (Mr. Norwood), often makes about the government being over burdened with lawyers. So I am surprised to hear that the leaning of this bill as we read it would certainly require more appointment of lawyers or somebody similar to lawyers. There is no demonstrated need for such a requirement. There is no demonstrated need for this particular addition to the bill.

The capacity of OSHA to produce cases is steadily shrinking as a result of the steady chip-away strategy of the Republican majority. They have chipped away at the budget every year. OSHA is far smaller and far less effective than it was when the Republican

majority took power in the House. Certainly that was accelerated when the Republicans took control of the White House as well as the House.

So OSHA is under attack in a way which produces less work for such a commission. Why should we increase the size of the commission when there is less work for it? It is part of the pattern to chip away in every little way and trivialize what OSHA is all about. At the same time, the only parts of the Department of Labor that are being increased are those parts that are aimed at attacking organized labor, the organizations that represent working families. We happen to know there is a great push on to drive the unions into the ground with trivial audits, financial audits mostly, of petty cash, the receipts for cab fare and receipts for lunch. Various efforts are underway at this point to force labor unions to defend themselves from bookkeeping errors.

The same kind of zeal needs to be expressed in the way that OSHA is staffed and manned to provide the basic necessities to keep our workplace safe for our workers.

Let us just discuss for a moment the 2,578 OSHA violations in Georgia in 2002. The Occupational Safety and Health Administration in 2002 issued an average of seven citations a day to Georgia businesses that year. OSHA found 2,578 violations of its rules during 1,481 inspections of companies operating in Georgia and documented more than 50 workplace deaths in that year.

In 2001, OSHA issued 2,962 citations, more than eight a day, and 1,596 inspections in Georgia. So 2002 had improved a bit from 2001. But I think it would be good if Members got in touch with what is happening in their States and in their districts.

The Atlanta Business Chronicle documented this information in an article published March 23, 2003. At that time, the Atlanta Business Chronicle had documented safety concerns in three of Georgia's largest companies, the Home Depot Incorporated, the Georgia Pacific Corporation, and United Parcel Service Incorporated. But as OSHA records show, safety is a widespread concern among many Georgia companies.

On February 24, OSHA issued a list of 14,200 U.S. facilities that had accident and illness rates at twice the national average. The national average is about three illnesses or injuries for every 100 workers that are serious enough to cause employees to lose time from work. Included in OSHA's list were 563 workplaces in Georgia, and more than 200 of them were in the Atlanta metropolitan area. Wal-Mart stores, the Nation's largest retailer, had the largest single number of Georgia facilities on the list, 11. Of the companies based in Georgia, United Parcel Service had the most facilities on the list with 174 nationwide.

Out of all the Georgia companies during 2003, Durango-Georgia Paper Company in St. Mary's was fined the most by OSHA. OSHA assessed Durango-Georgia $258,000 after an August 19 boiler explosion that killed two workers and injured one. OSHA found 48 violations during an investigation of that accident. In addition to the safety violations that contributed to that explosion, OSHA cited the company for allowing employees to work at heights of up to 50 feet without fall protection and for requiring employees to stand on a conveyor belt to remove jammed logs without adequate protection against being caught in a machine.

It was not the first large fine against that paper manufacturer. OSHA fined the company $157,000 after an accident had resulted in the double amputation of a worker. In 2000, the company had paid $220,250 for 12 citations. The pattern goes on and on.

The American workplace is not a safe place. It becomes more complicated all the time. The new chemicals, new machines, and new challenges, the building of houses, buildings and facilities at higher heights, for example all lead to complications. We talk about small businesses, and it is true that a large number of construction businesses are small businesses. That does not make the work that their workers do any less dangerous. The fact that they are a small business does not remove the fact that their workers must use scaffolding. Small business workers have trenches that they dig. They are doing work that is very dirty and very dangerous. The workers in small constructin firms deserve protection.

Small contractors are also the ones who are most likely to disobey immigration laws and have large numbers of people who are illegal immigrants working in their facilities. And therefore, I have noted before we have a noticeable large number of deaths of immigrants in the construction industry. And this is not confined to Georgia or any one State. This spreads right across the country.

The employers of construction companies know that they can save money by disobeying the law and using illegal immigrants. So it has become a major problem. Again, the working families of America deserve better.

We have come to the point where our economy is compared to other economies in our global partnerships around the world. We compare ourselves and say, Oh, it is awful that we cannot compete better with China. Well, China was organized as a country which has dictatorship of the proletariat. Dictatorship of the proletariat meant workers were going to be charge. All of the unions in China are collapsing to the government. China produces a large part of its consumer goods in prisons. They produce a large part of their consumer goods in factories where workers are paid less than a dollar a day.

It is not useful for us to invoke the third world countries, the developing countries and China--I do not know what China would be categorized as--with exploiting companies and decide that we ought to be more like that so we can be more competitive. Some allege that one way we can be more competitive is to make the workplace less safe, by providing employers with a situation where they do not have to worry about workers' safety. China--as a dictatorship--can do what they want to with their workers. They can continue, as I pointed out, pay workers the lowest possible wages, and they can also not spend any money on guaranteeing worker safety.

So given the fact that we are on the floor for the second time in 2 years with these four bills, it is an opportunity for us to educate our colleagues as to the seriousness of the current situation in the American workplace today. We must be more sensitive to the fact that our working families are out there suffering. Our health care situation does not get any better. We need to come to the rescue of private enterprise in terms of their pension funds collapsing. And their health care systems are so expensive that they are now calling for help from the government.

All of this is part of a threatening and more intimidating atmosphere that mushrooms all the time against the interests of working families. And the attack on OSHA, which is consistent, the harassment of OSHA, the downgrading of OSHA, the chip-away erosive effect of OSHA is all part of that pattern.

A Department of Labor which declares it has no money to really have an OSHA that functions appropriately is the Department of Labor which has managed to spend a great deal of money on the faith-based initiative. We noticed that large amounts of money from the Department of Labor have gone to faith-based initiatives over the last few years, and that is a great mystery as to how that money was doled out, under what criteria was it given to certain faith-based organizations. I think one got more than $1 million. It was on the front page of the New York Times. The Department of Labor had given a grant to one faith- based group for more than $1 million, and we do not know what it is the DOL is doing here. This all happened right before the November 2004 election. So the Department of Labor is being used for some good purpose for some group or some persons, but it is certainly not being used as the advocate for working families. And today's exercise is just one more example of how the drum beat goes on. The effort continues to minimize and trivialize that which is most important for working families in this country.

Mr. Speaker, I yield such time as he may consume to the gentleman from California (Mr. Baca).

(Mr. BACA asked and was given permission to revise and extend his remarks.)

Mr. Speaker, I yield myself such time as I may consume.

The two speakers prior to me have raised the question of outsourcing, and other people have challenged the relevancy of that topic to this particular set of bills. Every statement I read from industry complaining about the competitive edge that other nations have mentioned the fact that our environmental laws and our safety laws and our minimum wage, that combination, puts them at a disadvantage. So it is logical to conclude that part of the exercise today is to take away one of those disadvantages, to the degree it can be accomplished. And if you have

to chip away at it with bills like this and remove worker safety as an expense that has to be undertaken. This civilized nation was built by workers and the workers deserve to have a fair break. But those that want to reduce us to the level of Third World nations or want to imitate China are going to pursue the kinds of bills that we have before us today.

So I want to just conclude with another section from the report of the AFL-CIO, their annual report on worker safety. I just want to read a few excerpts, which I think are excerpts that are important to educate our Members.

More than 306,706 workers can now say their lives have been saved since the passage of the OSHA Act in 1970. Unfortunately, too many workers remain at risk. On average, 15 workers were fatally injured and more than 12,000 workers were injured or made ill each day of 2003. These statistics do not include deaths from occupational diseases, which claim the lives of an estimated 50,000 to 60,000 workers each year.

According to the Bureau of Labor Statistics, there were 5,559 workplace deaths due to traumatic injuries in 2003, which was a slight increase from the number of deaths in 2002, when 5,534 workplace deaths were reported. Wyoming, of all places, led the country with the highest fatality rate, 13.9 people per 100,000. The lowest State for the fatality rate was 1.5 per 100,000, which was reported in Delaware.

The construction sector had the largest, as I said before, the construction sector had the largest number of fatal work injuries, 1,126 in 2003; followed by transportation and warehousing, which had 805 injuries; and agriculture, forestry, fishing and hunting, which had 707 injuries. Industry sectors with the highest fatality rates were agriculture, forestry, fishing, and hunting, 31.2 per 100,000 in hunting. Mining had 26.9 per 100,000. And transportation and warehousing, 17.5 per 100,000.

So you can see we are not here just to talk in support of the blue States, the urban States, the Rust Belt States; but the rural areas are suffering quite a bit also. The workers there--the rural areas--suffer in terms of the large number of fatalities in the workplace.

Transportation and material-moving occupations had the highest number of fatalities, 1,388, followed by construction and extraction occupations, with 1,033 fatal injuries. The occupations of greatest risk of work-related fatalities based on the number of fatalities per 100,000 employed were logging workers. Their occupation had 131.6 fatalities per 100,000; fishers and related fishing occupations had 115 deaths per 100,000; and aircraft pilots and flight engineers, 97.4 deaths per 100,000 employed.

Very interesting that simple guys out there, fishers and logging workers, are in the same category as aircraft test pilots and flight engineers in terms of deaths and injuries. So our concern is universal, and the mission of OSHA is important and should not be denigrated or trivialized by this kind of legislation.

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, I yield myself such time as I may consume.

I want to make my comments on this bill very briefly. Essentially, H.R. 741 weakens the fundamental policy of the Secretary of Labor while enhancing the powers of the OSHA commission. Such action would create two divided regulators and a great deal of confusion. The Secretary of Labor is best able to regulate and enforce safety standards, and as such, the authority should remain with her. This is just plain common sense. I urge my colleagues to vote ``no'' on H.R. 741.

We do not need more confusion. More confusion is only a way to trivialize and make OSHA less effective.

Mr. Speaker, I would like to turn my attention to an issue that should be of great concern to all Members of this body in relation to this particular subject, and that is worker deaths and serious injuries. Between 5,000 and 6,000 American workers are killed on the job every year by willful and negligent safety violations on the part of errant employers. I have talked about that already. The surviving family members killed by corporate wrongdoing deserve much more than just our sympathy, however. They deserve immediate congressional attention and action.

Instead of considering these bills to weaken OSHA, we should be strengthening provisions of the Occupational Safety and Health Act. We should be considering a bill like H.R. 2004, the Protecting America's Workers Act, which I introduced on April 28 to coincide with Workers' Memorial Day, a day set aside every year to honor workers killed on the job by safety violations. Joining me as cosponsors of H.R. 2004 are the gentleman from California (Mr. George Miller), the gentleman from New Jersey (Mr. Andrews), the gentleman from Massachusetts (Mr. Lynch), the gentlewoman from Connecticut (Ms. DeLauro), the gentleman from Maine (Mr. Michaud), the gentlewoman from California (Ms. Woolsey), the gentleman from Texas (Mr. Gene Green) and the gentlewoman from Ohio (Ms. Kaptur). The bill will hold those who commit corporate manslaughter accountable at the same time it reinforces critical health and safety protections for workers nationwide.

Mr. Speaker, I yield such time as she may consume to the gentlewoman from Ohio (Ms. Kaptur) to give us an example of the seriousness of the situation.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, the critical question is what more important things should we be doing? This commission bill which creates confusion, to our knowledge, is still not sanctioned by the administration or the Secretary of Labor. Why are we putting such great amounts of time and energy into proposing new powers for this commission when there are other more important things that we ought to be addressing?

And the statement by the gentlewoman from Ohio (Ms. Kaptur) was all related to what other important things should we be doing. Why can we not have hearings when there is a major accident with four men being killed under the circumstances they were killed in Ohio? Why can we not call in OSHA and demand that there be an expedited investigation? Why are citations allowed to be unclassified? This committee, the Committee on Education and the Workforce, has oversight over the work of the Department of Labor and OSHA. Why can we not get better answers? Why can we not consider my bill, H.R. 2004, the Protecting America's Workers Act, which will call for penalties for corporations who are guilty of the kind of neglect

that led to the deaths of the four workers in Ohio?

Even by conservative estimates, 15 workers in this country will be killed on the job today, July 12. They will be killed due to serious safety lapses on the part of their employers. Why are we wasting our time playing around with the adjustment of a commission when these workers deaths are still going on in America?

I spoke earlier about the fiery explosion some 3 months ago at the BP plant in Texas City that killed 15 workers and injured more than 100 others. This happened three months ago. It is not ancient history. Why has this committee with jurisdiction not examined that explosion more closely here in Washington? I had also previously mentioned the bridge collapse in Toledo, which the gentlewoman from Ohio (Ms. Kaptur) discussed in greater detail.

Many other cases of worker deaths, equally as tragic and preventable, only make local headlines. They only know about them locally. And they go on in different parts of the country because we are not aware of the seriousness of the situation. The fact is that much of what happens in one area can be prevented from happening in another area if we would just address those serious issues.

Every year in New York City, for example, a number of unprotected construction workers are killed by free-falls from buildings and collapses of faulty scaffolds and concrete walls. Almost 8 months ago in Walnut Creek, California, a gas pipeline explosion killed five workers, and badly injured four others. The list goes on and on.

We welcome this opportunity to get on the record from both the Members of Congress and the American people the fact that these things are continuing--this steady rate of somewhere between 5,700 and 6,000 workers dying each year--and it has been going on too long. Why not address the fact that this is something that can be stopped? We can change the death rate by having a more effective OSHA instead of playing around the edges, as these four bills are doing.

In the words of a New York State Supreme Court justice, these worker deaths in New York were not simply ``random accidents'' but rather, and I am quoting the judge here, ``tragic certainties.'' ``Tragic certainties.'' The workers died as the direct result of some employer's willful safety violations or serious negligence. What is even more reprehensible is that too often, and in the specific worker death cases I just referred to, the employers responsible for these fatalities are repeat safety offenders.

In a forum I held last year entitled, ``Jobs to Die For: Inadequate Enforcement of U.S. Safety Standards,'' I heard from the grieving parents of 22-year-old Patrick Walters. Patrick was buried alive on June 14, 2002, working on a sewer pipe in a 10-foot trench. Patrick had spoken before about his fear of being suffocating because he was repeatedly sent down into the trenches without any protective equipment and without a metal trench box. We have a picture of Patrick here. He is the young man at the top tier of the poster to my right.

I mentioned Patrick's employer before, Moeves Plumbing, with respect to H.R. 739. I did this because Moeves Plumbing is a repeat safety offender. The firm has been the subject of 13 OSHA inspections since 1989. Patrick died only weeks after OSHA had cited Moeves Plumbing for willful trenching violations. When OSHA settled the case of Patrick Walters' death with Moeves Plumbing, however, they changed the willful violation to an ``unclassified'' one. Have we heard that before today? Unclassified, just as they did in the case of Ohio. It was not a willful violation, but an unclassified violation. A weak OSHA, a corrupt OSHA changed it to ``unclassified.'' Without a willful violation, the Solicitor of Labor would not recommend criminal prosecution of Moeves Plumbing. As Patrick's parents told me last year: ``We need to get some stiffer penalties and some muscle behind it, or Moeves' company is going to kill another child again. They will. It's only a matter of time.''

Patrick's parents, who still live in the Cincinnati area, continue to see Moeves employees working inside trenches without any cave-in protections. As Patrick's father told a reporter in March of 2005, March of this year, about the owner of Moeves Plumbing: ``She's killed two people now, and she'll probably kill two people again. It's obvious she's not listening to what OSHA is telling her.''

Under the current OSHA Act, the maximum penalty any employer can receive for causing the death of a worker, considered a misdemeanor, is 6 months in prison and a $10,000 fine. Six months in prison and a $10,000 fine. Unlike surviving relatives of other crime victims, family members of workers killed on the job are left without any victim services or assistance under current law. They even lack a voice in any OSHA investigations of their loved ones' deaths. They also lack any voice in OSHA's subsequent negotiations with culpable employees over the downgrading of initial citations and fines tied to the worker fatalities.

By stiffening criminal penalties for those found guilty of blatant safety violations that result in worker deaths, the Protecting America's Workers Act will make other employers think twice about ignoring basic health and safety rules that risk workers' lives. H.R. 2004 incorporates in its entirety the provisions of a bill I introduced last year, and that was called the Workplace Wrongful Death Accountability Act. Both bills would make it a felony offense to kill a worker and provide for a term of no more than 10 years in prison. A felony offense to kill a worker, and there will be a term of no more than 10 years in prison. For a second offense, the maximum term for a culpable employer would be 20 years in prison. Fines would be set in accordance with title 18 of the U.S. Code, which is standard practice for all other criminal matters.

In other legislative matters, everyone agrees that holding people accountable by such means as stiffened penalties serves a critically important deterrent purpose. We are often on this floor talking about the need to not be soft on crime, to come with the hardest possible punishment as a deterrent. Yet I know that there are many on the other side of the aisle who are absolutely allergic to what I am proposing here, the prospect of holding accountable any employer whose willful or grossly negligent safety offenses kill workers. They don't want to hold accountable any employer whose willful or grossly negligent safety offenses kill workers. The opposition to holding such bad actors accountable does not even waver in instances where a number of workers are killed by the same safety violations over a 5- or 10-year period. The opposition also does not waver no matter how many workers are killed by an employer's egregious safety offenses.

I am heartened, however, by the fact that yesterday's ``Inside OSHA'' reports that Senator Enzi from Wyoming, who chairs the Health, Education, Labor and Pensions Committee, supports stiffening criminal penalties for health and safety violations that kill workers. As I understand it, Senator Enzi and I might differ on the maximum penalty for corporate manslaughter, but we agree on the need to make this a felony offense.

I believe Senator Enzi would prefer to see a maximum prison sentence for a first offense set at 18 months, whereas my bill would set the maximum at 10 years, in accordance with standard criminal law. Senators Kennedy, Corzine, and others introduced the Protecting America's Workers Act on the Senate side; and they agree with setting the maximum penalty for corporate manslaughter at the 10-year mark.

Mr. Speaker, the Protecting America's Workers Act would also extend OSHA coverage to millions of workers who currently lack the protection of workplace safety and health laws. Among others, these include public employees in a number of States and localities, certain transportation workers such as flight attendants, and a number of Federal workers, as well as those in public/private entities such as the Nuclear Regulatory Commission. Moreover, this act provides stronger protections for any worker who reports safety and health violations of an errant employer.

This bill requires OSHA to investigate any workplace incident that results in the death of a worker or the

hospitalization of two or more workers. At the same time, it gives surviving family members of workers who are killed greater participation rights in OSHA's workplace investigation and penalty negotiation process with the respective employers responsible for these fatalities. Moreover, it prohibits OSHA from downgrading willful citations in worker fatalities, downgrading them to this ``unclassified'' category. They should not be categorized as ``unclassified'' ever again.

Last, but not least, this bill that I propose strengthens workplace prevention efforts by requiring employers to cover the costs of personal protective equipment for their employees.

Mr. Speaker, I want to commend the New York Committee on the Safety and Health, NYCOSH, joined by COSH committees in other States, for launching a national campaign against corporate killing. This grassroots campaign will alert workers and the wider public about the importance of ensuring employers do not place profits above basic safety measures at the expense of workers' very health and lives. This is a serious business that this committee ought to be about. This is a serious business that ought to be on the floor today. This grassroots campaign says what Congress should also be saying, that it is important to ensure that employers, that bosses do not place profits above basic safety measures at the expense of workers' health and lives.

Mr. Speaker, the time for the Protecting America's Workers Act is now. Although we have been making progress and making the American workplace safer in prior administrations, that progress has stalled, and we need to act immediately in a serious manner and stop the kinds of adjustments that are taking place in the bills that are on the floor today.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, I thank the gentleman for yielding me this opportunity and take great privilege in coming to the floor today to place into the public realm a concern that is deep-seated in the city of Toledo and the State of Ohio which I am so honored to represent.

It in fact deals with corporate manslaughter. I stand today to oppose any weakening of OSHA statutes, and support the Owens bill to strengthen worker safety and protection. For, in fact, if those protections had been in place, the men I am going to tell Members about today would not be dead. Our community would not be in mourning. Their families would not be in mourning.

We have all observed with awe the marvelous photos of construction workers sitting on I-beams swinging above some of our Nation's major cities. High above New York City is one photo that comes to mind, as we admire the skill and the daring of these Americans who put their lives on the line every single day. These tradespeople indeed build America. I cannot think of a citizen in our country that does not respect their prowess and their skill.

Well, the worst construction accident in the history of the State of Ohio occurred in our city on February 16 of last year. It occurred on a Federal project, a Federal project that I had authorized and that has been being built now for several years. I was so proud when we passed that legislation. I said this is going to be a Federal

project which is going to be built without one death, and we worked for almost 2\1/2\ years to sign a safety agreement with each of the trades involved in this project and with the major company and the State of Ohio. It was difficult to bring them all to the table. I said I did not want this to be another Mackinaw. I did not want dead men at the base of another river. Instead, I hoped we would build this project and demonstrate respect for those doing the work.

Well, on February 16, 2004, these four men lost their lives. Several others were seriously injured on this job. Crushed to death on this job were ironworkers Mike Phillips, age 42; Arden Clark, age 47; Mike Moreau, age 30; and Robert Lipinski, Jr., age 44.

I cannot tell Members what it was like to go to the funeral of each of these men. How poignant, how unforgettable to be with those families following an accident I know could have been prevented. But, yes, there were people in this city, people in our capital of Columbus, people in that company who did not care, who simply did not care.

One of the men who lost his life, his nickname was Bubba, Bubba Lipinski, he was such a magnificent man. He weighed about 320 pounds. He was not heavy-set; he was just strong. He was about 6 feet 6. When I walked into the funeral home, his casket was the size of a child's casket, a mountain of a man, crushed to death.

Joe Blaze, the President of the Local Ironworkers observed, ``What happened will affect our community for generations.'' The local paper, The Toledo Blade, reported, ``Workers told investigators the crane's rear legs,'' this is, the crane that fell, ``were held up with 14 inches of shims and no anchors in the footers while each front leg had shims in only one of only two anchors.'' The workers were literally crushed when this million-ton crane moved, and it just could not hold itself. And it fell, crushing them to death in the process.

The question really is, why did it fall? Incredibly, its feet were not tied down. And people knew that. People in the company knew that. There are internal memos that show that they knew that.

But though the accident occurred over a year ago, the State of Ohio, that I view as an accomplice in this willful manslaughter, will not release inspection records. OSHA will not permit its inspector general at the Department of Labor to give us the pre-accident inspection reports. So, who was on site? Who was not on site? Who should have inspected? Who did not?

Moreover, there seems to be an issue of whether the Federal Government had responsibility to inspect a ``launching Gantry crane'', which is a specialized type of crane, that is, whether OSHA really had responsibility for inspecting launching Gantry cranes as opposed to other types of cranes.

Another major wrinkle, is that this particular crane, and there were two of them, was made in Italy, not the United States. The crane was imported. The men were a little uncomfortable with that. They generally build their own cranes and then build bridges using those cranes. Yet the State of Ohio assured the workers that it was of equal measure to any crane built in the United States. But there seems to be a little stickler in the OSHA regulations that OSHA may not equally regulate foreign imported cranes to the same standards expected of U.S. made cranes. They are not held to the same standard. Hmmm, why would that be?

I tried last month during the markup of the Labor, Health and Human Services appropriations bill to include simple report language in that bill, which is never denied to a member of this House, merely asking the Department of Labor's Occupational Safety and Health Administration to gather all records relating to the inspections that should have been done on the job, or lack thereof, prior to the accident and to provide them to the public record as well as to provide any communications that have occurred with the U.S. Department of Justice related to this accident. This was denied to me as an elected representative of the people of my district. It was denied to me by the Republican majority of this House, by the Republican majority of my committee, and by the Republican leader of the committee that is on the floor today.

I am angry. I am very angry. They do not want any oversight. They want the weaker OSHA regulations. They do not care about these men. They do not care about their families.

I have asked the majority to hold oversight hearings regarding OSHA's action or inaction in this I-280 Federal interstate highway accident. No word yet. No word yet on their willingness to agree for a request for a hearing. Surely the Congress has an oversight responsibility in a matter as serious as this one.

OSHA's Midwest office has ruled there was willful negligence on the job. And for reasons not completely understood, although they ruled willful negligence, they had to change the ruling. The ruling has now been changed. We do not know who changed the ruling. We want to know that. Now it has been termed ``unclassified''. It has gone from willful negligence, or corporate manslaughter, to unclassified. What does that mean?

It probably means that as the individual court cases move forth locally, somehow civil litigation is going to be affected by a careful dance of words. How absolutely cruel. Cruel. We talk about being pro- life. You are looking at a pro-life Member, and every one of those lives means everything to us. They went to work faithfully. They worked hard. They did magnificent work. I was up on that bridge last winter. It was blasted cold up there and windy. I represent the Saudi Arabia of wind up there on Lake Erie. They went to work in 32 degrees below zero. It was so cold with that wind factor.

Now guess how much OSHA is able to fine the company, and this is a $300 million to $400 million project, how much is OSHA able to fine the company and others responsible for this serious loss, a total of $70,000 for each lost life. $70,000 for each lost life? That is travesty. For 4 lost lives, OHSHA will impose a fine totalling $280,000 on a $300 million-plus project. That equals a fine of .0009% . . . almost embarrassing were it not so wrong. And, the money goes to the U.S. Treasury; it does not even go to the victims' families. What kind of country is this? What kind of shop are we running here?

Well, in my opinion, in cases of such gross negligence and criminal manslaughter, there should be more than civil damages and OSHA fines.

Our chief of police who is a very measured man said these men were murdered. There is criminal wrongdoing here. You know the amazing thing about our law, though this is a $300-plus million transportation project, I cannot even dedicate a few percentage points to give money to our local county prosecutor to investigate the nature of the negligence get to the bottom of this. The Department of Labor does not allow it. The Department of Transportation does not allow it. How do we find out what happened?

My questions are, where was OSHA? Who was investigating and who was inspecting on site? Where was the State of Ohio Department of Transportation? Where was their inspection? Why did they sign an acceleration agreement with the company--to make work on the project move even faster when the workers were a year and a half ahead of schedule? Who knew those footers were not tied down, both at the front and back ends of the launching Gantry crane? Did OSHA purposely not inspect what is termed a launching Gantry crane? Did OSHA not inspect nor require equal standards on a foreign made crane similar to one that is made in the United States of America?

Why did I have to jump start the negotiation of a safety agreement before construction started? Why did OSHA not do that? Why did the U.S. Department of Transportation not do that? Why did the State of Ohio not do that? The State of Ohio has got their head in the sand. Those in charge are hiding in Columbus somewhere under the sidewalk. You cannot even find them. Here we have the largest transportation project in Ohio history with criminal manslaughter, and they are all taking the duck.

Why is this Congress undermining what little authority OSHA ever had? What are we doing here? And who are we doing it for? Fru-Con, the major contractor? They have been responsible for five deaths in the last year at two

different project sites. That is quite a record.

We have now been told OSHA has not developed a standard or promulgated a rule stating that foreign-manufactured cranes, like this one, must equal or exceed U.S. safety standards. Who is responsible? On whose hands does the blood of these men lie in this House? On whose hands does it lie? I have a pretty good idea. Recommendations for such a standard were made nearly a year ago but not acted upon. Why not? Why not? Why has this Congress not demanded and implemented as soon as possible these regulations? Or made meeting U.S. standards a condition of eligibility for Federal funding? There is a serious abdication of responsibility here. We were always taught in school, there are sins of commission and there are sins of omission. Both sides of the ledger you are accountable for. Here there is a serious abdication of responsibility by the U.S.--an ommission, a purposeful omission. The inept Department of Labor caused the deaths of these men, as well as those in this Congress that would seek to weaken OSHA and gave no value to their lives.

These men died, in my view, because of the apparent willful negligence of our U.S. Department of Labor and the office of safety and health within it that was supposed to be set up to protect their lives as well as their allies here in the Congress who are completely undermining worker safety laws, They have abdicated their responsibility not just as lawmakers but as human beings to their fellow men and women to conduct aggressive oversight. The State of Ohio, as the contractural agent for the federal government, fell asleep on its oversight. The fact there are 4 dead men, and a half dozen injured is grim testament to that.

I have appealed already to our Committee on Education and the Workforce to hold hearings into this tragedy in Ohio. The hearings ought to be held in Ohio. It is my hope that, in spite of the actions being taken today, there might be some accountability, some conscience out there that asks--no, that demands--that this Congress act on behalf of the mothers and the fathers and the wives and the children and every single person in our community that goes under that bridge every day or looks at that construction project, all the people that still lay wreaths at the site, they are numerous, all the prayers, all the offerings, all the memories that are there forever.

I want to say to my colleague from New York, Mr. Owens you have my strongest support on your bill. I am so sorry that I have to come here to the floor today and speak these words that I know, for the families back home, is so very hard to listen to. But I feel it is my responsibility as the only voice they have got here. I want to say to the ironworkers union, if I can hold my composure, you deserve a lot better than this. You serve us with great distinction. We value the lives of your members and the faith that they put in us to protect them. Some of us take this obligation as a sacred obligation. We salute them.