Speak up about proposed new regulations

Bruce Vernyi

No matter who wins the November election, John McCain or Barack Obama, Washington insiders expect that there will be renewed interest in adding a variety of new regulations to the American way of life in the next few years.

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Pressure for new regulations are increasing from such diverse sources as the European Union, which wants assurance that products made in the United States meet the same stringent standards that products made in Europe are subjected to. This is becoming increasingly important to Europeans as the value of the U.S. Dollar drops, making U.S. products less expensive and more available in European markets.

In addition, pressures for added regulations to ensure food safety have been prompted by outbreaks of lettuce tainted by the E. Coli bacteria and tomatoes contaminated with salmonella bacteria, while reports of lead-based paint used on children’s toys and other products have fostered demands for increased regulations that would ensure safety for consumer products.

Thomas M. Sullivan, chief counsel for advocacy for the U.S. Small Business Administration’s Office of Advocacy, pointed out recently that the Washington administrators who are responsible for proposing, implementing and enforcing regulations can be expected to respond to those pressures, but that their efforts will have to be monitored and restrained by contributions and participation from small businessmen.

Sullivan points out that the regulators shouldn’t be considered malicious, but that even with their best efforts they can make mistakes that could make life difficult for any manufacturer.

As an example, he tells a story about a regulation proposed by the Occupational Safety and Health Administration to deal with welding and other industrial fumes. The OSHA proposal would have required manufacturers to install air-replacement systems to vent the fumes.

However, a knowledgeable manufacturer pointed out to OSHA that its proposed regulation directly contradicted an established Environmental Protection Agency regulation, and was unnecessary in light of the rules that were in place.

No one at OSHA thought to check the EPA regulations, and the agency’s intentions were clear and benevolent, but the burden was on the small businessman to make the connection and to speak up about the conflict that the OSHA regulation would have presented. The result was that OSHA withdrew its proposed regulation.

The processes that put new regulations into place usually require public comments, and the best people to comment on the regulations are the ones that the regulations affect.

Whether it is through a trade organization such as the American Welding Society or through the Small Business Administration or other government agency, it is up to shop owners, managers and each of us to speak up when we see inconsistencies in proposed rules to make sure that some part of the federal government doesn’t step over the bounds of reality or competitiveness.

Bruce Vernyi, editor-in-chief
e-mail: bvernyi@penton.com

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