Mandates from Washington, DC Harold N. Bowers, HSD Gordon D. Howard, HSD Harold Nelson Bowers, HSD, is an Associate Professor and Program Director, Department of Hazard Control Technology, Indiana University, Bloomington, Indiana Gordon Daniel Howard, HSD, is an Assistant Professor, Department o f Health, SUNY at Cortland, Cortland, New York.
In recent years the federal government has been inundated by increasing criticism for lack of leadership and positive action on a myriad of problems which concern us as school and community health educators, teachers, parents and responsible citizens. Often overlooked, however, is the fact that the President and Congress have spoken quite clearly on several issues. The intent of this article is to introduce four major federal legislative undertakings, occurring within the last five years which have the potential for making a meaningful contribution to school and community health educati’on programs. The Occupational Safety and Health Act was passed in 1970 to assure, so far as possible, every working man and woman in the nation safe and healthful conditions and to preserve our human resources. The Federal Boat Safety Act of 1971 applies to all vessels used primarily for non-commercial purposes with the intention of creating a comprehensive boating safety program. The Consumer Product Safety Act of 1972 was created with the aim of protecting consumers against unreasonable risk of injury from hazardous products. The Federal Fire Prevention and Control Act of 1974 was enacted to reduce human and property loss through better fire prevention and control. These landmark laws on human conservation provide guidelines and national direction which should influence school and community health programs. Further exploration is warranted to ascertain how we can support the objectives and contribute to the fulfillment of the purposes of the Acts. Occupational Safety and Health Act (O.S.H.A.)
The Occupational Safety and Health Act (PL 91-596 represents the culmination of approximately 548
20 years of legislative haggling and over 100 years of the recognition that mandatory definitive action was needed to mitigate the tragic losses occurring in the workplace. Traditionally, an exorbitant price has been extracted from the worker vis-a-vis occupationally induced or work-related injuries, illnesses, death and resultant loss of income and financial burden of medical treatment. Former Labor Secretary George P. Schultz testified that “Each year 14,000 workers died and 2.2 million were disabled by accidents in the workplace.” Of special concern for health and safety educators is the disproportionate frequency of accidents and injuries occurring to workers within their first five years of employment. In addition, the recent influx of women in the job market has created a large nurnber of employees in this category. Organized labor a s well a s major employers have intimated t h a t schools should intensify their efforts in the preparation of students for safe living in the working environment. Having an effective date of April 28, 1971, the Occupational Safety and Health Act provides comprehensive machinery aimed at the realization of safe and healthful working conditions for virtually every employee within the United States. The law empowers the Secretary of Labor to establish and enforce safety and health standards in all businesses which affect interstate commerce. Consequently, “An estimated 57 million employees in 4.1 million establishments are within its protection.”2 The law does not usurp the function of other federal agencies or laws, such as the Coal Mine Health and Safety Act or the Federal Metal and Nonmetallic Safety Act, but it has the power to act concurrently on overlapping jurisdictions. Federal, state, and local government employees are covered under separate provisions in the law for public employment. Congress was very specific in delineating the implementation of the Occupational Safety and Health Act. Some of the key aspects are listed:
’
1. Rights and responsibilities were established for employers,
employees, labor unions, states and administrative personnel. NOVEMBER 1976 VOLUME XLVl NO. 9
2. Mandatory workplace standards were developed, established, implemented and enforced. 3. Civil and criminal penalties were provided for noncompliance with standards. 4. Training and continuous education of employees in the safe performance of their job was stipulated. 6. The National Institute for Occupational Safety and Health (NIOSH) was created to provide leadership in all training and research activities.
Federal Boat Safety Act of 1971
The United States is an active nation of over 200 million people. I t is estimated 90% of Americans engage in at least one of the more than 75 outdoor athletic and recreational sports activities; over 110 million people swim annually, over 50 million use boats, and over 40 million fish. The statistics in boating accidents in the United States for 1971, as compiled by the United States Coast Guard, show 1,582 fatalities with an estimated rate of 21.7 fatalities per 100,000 boats.3 With these exposure and issues considered, Public Law 92-75, cited as the “Federal Boat Safety Act of 1971,” was enacted to provide for a coordinated national boating safety program. The purpose of the Act was to improve boating safety and to foster greater development, use, and enjoyment of all the waters of the United States by encouraging and assisting participation by the states, the boating industry, and the boating public in development of more comprehensive boating safety programs. To accomplish these goals the Act authorized the establishment of national construction and performance standards for boats and associated equipment, and created more flexible regulatory authority concerning the use of boats and equipment. The Act outlines the elements that must be part of a boating safety program. One of the mandatory requirements is boating safety education programs. The Secretary of Transportation provides information through the U.S. Coast Guard and state boating authorities, along with other interested organizations. Consumer Product Safety Act (C.P.S.A.)
Each year an estimated 20 million Americans are injured by products in and around the home, 110,000 are permanently disabled, and 30,000 are killed. The economic cost to the nation has been projected at 5.5 billion dollars? These statistics do not purport to measure the pain or suffering of the afflicted individual, the person’s family or society: however, they should provide an insight to their magnitude. In 1967 Congress established the National Commission on Product Safety to conduct a comprehenTHE JOURNAL OF SCHOOL HEALTH
sive study of the scope and adequacy of the current. measures employed to protect consumers against the “unreasonable risk” of injuries associated with hazardous household products. The findings and recommendations reached by the Commission stimulated activity on both sides of Capitol Hill which ultimately resulted in the formulation of the Consumer Product Safety Act (PL 92-573). As stated in the law, the purposes of the Consumer Product Safety Act are: 1. To protect the public against unreasonable risks of injury associated with consumer products; 2. To assist consumers in evaluating the comparative safety of consumer products; 3. To develop uniform safety standards for consumer products and to minimize conflicting state and local regulations; and 4. To promote research and investigation into the causes and prevention of product related deaths, illnesses, and injuries.
In order to fulfill these purposes, the Consumer Product Safety Act created an independent, bipartisan federal regulatory agency, the Consumer Product Safety Commission. The Commission’s primary goal is to substantially reduce injuries associated with consumer products. The administration of four acts previously handled by other agencies was also transferred to the Commission- the Flammable Fabrics Act, the Federal Hazardous Substances Act, the Poison Prevention Packaging Act and the Refrigerator Door Safety Act. Exempted from the Commission’s authority were firearms, food, drugs, cosmetics, medical devices, pesticides, motor vehicles, airplanes and boats. The Commission may require the manufacturer, distributor, or retailer of a substantially hazardous product to take one of the following actions: 1. Repair the defective product. 2. Replace the product with a safe one. 3. Refund the purchase price of the defective product.
The Commission holds a strong mandate to educate and inform the general public about product safety. In addition to providing information to consumers and manufacturers, the Commission continues to conduct massive educational campaigns, training programs and research studies. Federal Fire Prevention and Control Act of 1974
An exhaustive and comprehensive examination of the nation’s fire problem, entitled America Bunting was issued by the National Commission on Fire Prevention and Control.5 As a result of the Commission’s study, Public Law 93-493 was enacted on October 29, 1974. The law is known as the “Federal Fire Prevention and Control Act of 1974.” 549
The National Commission detailed findings as to the extent of the fire problem in terms of human suffering, loss of life and property, and consequently made 90 recommendations. The findings point out the U.S.has the highest per capita rate of death and property loss from fire of all the major industrialized nations in the world. Fire kills 12,000, and scars and injures 360,000 Americans each year. Three billion dollars worth of property is destroyed per year. And, in addition, fire fighting is the nation’s most hazardous profession. The report explains that the nation’s fire problem is aggravated by indifference, lack of research, scarcity of reliable data and information, lack of adequate codes, and the fact that local fire departments spend about 95 cents of every dollar appropriated for the fire service on efforts to extinguish fires and only about 5 cents on fire prevention. The Commission identified additional needs for improved professional training and education, a national system for collection, analysis and dissemination of fire data, and additional medical centers properly equipped and staffed to treat burn victims. The Federal Fire Prevention and Control Act was declared to have four purposes: 1. Reduce the nation’s losses caused by fire through better fire
prevention and control. 2. Supplement existing programs of research, training, and edu-
cation, and to encourage new and improved programs and activities by state and local governments. 3. Establish the National Fire Prevention and Control Administration and Fire Research Center within the Department of Commerce. 4. Establish an intensified program of research into the treatment of bum and smoke injuries and the rehabilitation of victims of fires within the National Institutes of Health.
The Act establishes, within the Department of Commerce, an agency known as the National Fire Prevention and Control Administration with an Administrator and Deputy Administrator appointed by the President. The Administrator is authorized to take all necessary steps to educate the public and to overcome public indifference as to fire and fire prevention. Such steps may include, but are not limited to, publicatioqs, audio-visual presentations, and demonstrations. Public education efforts shall include programs to provide specialized information for those groups of individuals who are particularly vulnerable to fire hazards, such as the young and the elderly. The Administrator shall also sponsor and encourage research, testing, and experimentation to determine the most effective means of such public education. The Act also has provisions for the Department of Health, Education and Welfare to establish, within National Institutes of Health, an expanded pro550
gram of research on burns, treatment and rehabilitation. In addition, 25 more bum centers are to be established.
Summary and Conclusion Despite the tremendous gains which have been made in hazard identification, evaluation and control, the associated costs and losses to society have been steadily increasing in our nation. “Accidental injuries and deaths are a health and medical problem of major significance.”6 Currently, human suffering and financial loss from preventable accidental deaths (and injuries) constitute a public health problem second only to the ravages of ancient plagues. Within the last five years “mandates” from Washington, D.C. have decreed a new attack upon this formidable problem. Each of these mandates acknowledges the magnitude of the problem and establishes definitive procedures for the realization of loss reduction. Perhaps the most significant theme advanced by all of the mandates is the need for and requirement of continuous meaningful education of the citizens of our country. In order to fulfill our professional obligations we have a responsibility to assure that our students are familiar with the provisions, protections and responsibilities of these legislative mandates. In this context both authors of this article urge its readers to expand their horizons on these areas and include relevant content in their curriculum and instruction. RESOURCES Federal 1. Department of Commerce National Fire Prevention & Control Administration Washington, D.C. 20230 ( 202-783-9200)
2. Occupational Safety and
Health Administration New Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 ( 202-523-8151)
3. Office of Consumer Affairs
Executive Office Building 17th and Pennsylvania Avenue, N.W. Washington, D.C. 20201 ( 202-245-6093)
4.
U.S. Coast Guard Office of Boating Safety Washington, D.C. 20590 (202-426-1084)
5.
U.S. Consumer Product Safety Commission Washington, D.C. 20207 ( 800-638-2666)
NOVEMBER 1976 VOLUME XLVl NO. 9
2. The Job Safety and Health Act of 1970. Bureau of National Affairs, 1971, p v. 3. Boating Statistics. United States Coast Guard, US Government Printing Office, 1973, p 6. 4. America Burning. National Commission on Fire Prevention and Control, US Government Printing Office, 1973, p 177. 6. Wilner DM, Walkley RP, Goerke LS: Introduction to Public Health, ed 6. New York, MacMillan Publishing Co, Inc, 1973,
Assodations 1. American Insurance Association 85 John Street New York, NY 10038 2. National Fire Protection Association 470 Atlantic Avenue Boston, MA 02110 3. National Safety Council 425 North Michigan Avenue Chicago, IL 60611
p 226.
REFERENCES 1. The Job Safety and Health Act of 1970. Bureau of National Affairs, 1971, p 13.
The corresponding author of this article is Harold Nelson Bowers, HSD, Associate Professor and Program Director, Department of Hazard Control Technology, Indiana University, Bloomington, IN 47401.
Call for Resolutions Annually the American School Health Association addresses itself to significant problems in the field of child health and school health education. The full span of the discussion on many of these problems is made known through a series of Resolutions passed by the Governing Council. The membership is invited to suggest problems which might serve as the basis for action of this sort. Such suggestions should be transmitted to the Chairman of the Resolutions Committee, American School Health Association, Kent, OH 44240.
THE JOURNAL OF SCHOOL HEALTH
55 1
In recent years the federal government has been inundated by increasing criticism for lack of leadership and positive action on a myriad of problems which concern us as school and community health educators, teachers, parents and responsible citizens. Often overlooked, however, is the fact that the President and Congress have spoken quite clearly on several issues. The intent of this article is to introduce four major federal legislative undertakings, occurring within the last five years which have the potential for making a meaningful contribution to school and community health educati’on programs. The Occupational Safety and Health Act was passed in 1970 to assure, so far as possible, every working man and woman in the nation safe and healthful conditions and to preserve our human resources. The Federal Boat Safety Act of 1971 applies to all vessels used primarily for non-commercial purposes with the intention of creating a comprehensive boating safety program. The Consumer Product Safety Act of 1972 was created with the aim of protecting consumers against unreasonable risk of injury from hazardous products. The Federal Fire Prevention and Control Act of 1974 was enacted to reduce human and property loss through better fire prevention and control. These landmark laws on human conservation provide guidelines and national direction which should influence school and community health programs. Further exploration is warranted to ascertain how we can support the objectives and contribute to the fulfillment of the purposes of the Acts. Occupational Safety and Health Act (O.S.H.A.)
The Occupational Safety and Health Act (PL 91-596 represents the culmination of approximately 548
20 years of legislative haggling and over 100 years of the recognition that mandatory definitive action was needed to mitigate the tragic losses occurring in the workplace. Traditionally, an exorbitant price has been extracted from the worker vis-a-vis occupationally induced or work-related injuries, illnesses, death and resultant loss of income and financial burden of medical treatment. Former Labor Secretary George P. Schultz testified that “Each year 14,000 workers died and 2.2 million were disabled by accidents in the workplace.” Of special concern for health and safety educators is the disproportionate frequency of accidents and injuries occurring to workers within their first five years of employment. In addition, the recent influx of women in the job market has created a large nurnber of employees in this category. Organized labor a s well a s major employers have intimated t h a t schools should intensify their efforts in the preparation of students for safe living in the working environment. Having an effective date of April 28, 1971, the Occupational Safety and Health Act provides comprehensive machinery aimed at the realization of safe and healthful working conditions for virtually every employee within the United States. The law empowers the Secretary of Labor to establish and enforce safety and health standards in all businesses which affect interstate commerce. Consequently, “An estimated 57 million employees in 4.1 million establishments are within its protection.”2 The law does not usurp the function of other federal agencies or laws, such as the Coal Mine Health and Safety Act or the Federal Metal and Nonmetallic Safety Act, but it has the power to act concurrently on overlapping jurisdictions. Federal, state, and local government employees are covered under separate provisions in the law for public employment. Congress was very specific in delineating the implementation of the Occupational Safety and Health Act. Some of the key aspects are listed:
’
1. Rights and responsibilities were established for employers,
employees, labor unions, states and administrative personnel. NOVEMBER 1976 VOLUME XLVl NO. 9
2. Mandatory workplace standards were developed, established, implemented and enforced. 3. Civil and criminal penalties were provided for noncompliance with standards. 4. Training and continuous education of employees in the safe performance of their job was stipulated. 6. The National Institute for Occupational Safety and Health (NIOSH) was created to provide leadership in all training and research activities.
Federal Boat Safety Act of 1971
The United States is an active nation of over 200 million people. I t is estimated 90% of Americans engage in at least one of the more than 75 outdoor athletic and recreational sports activities; over 110 million people swim annually, over 50 million use boats, and over 40 million fish. The statistics in boating accidents in the United States for 1971, as compiled by the United States Coast Guard, show 1,582 fatalities with an estimated rate of 21.7 fatalities per 100,000 boats.3 With these exposure and issues considered, Public Law 92-75, cited as the “Federal Boat Safety Act of 1971,” was enacted to provide for a coordinated national boating safety program. The purpose of the Act was to improve boating safety and to foster greater development, use, and enjoyment of all the waters of the United States by encouraging and assisting participation by the states, the boating industry, and the boating public in development of more comprehensive boating safety programs. To accomplish these goals the Act authorized the establishment of national construction and performance standards for boats and associated equipment, and created more flexible regulatory authority concerning the use of boats and equipment. The Act outlines the elements that must be part of a boating safety program. One of the mandatory requirements is boating safety education programs. The Secretary of Transportation provides information through the U.S. Coast Guard and state boating authorities, along with other interested organizations. Consumer Product Safety Act (C.P.S.A.)
Each year an estimated 20 million Americans are injured by products in and around the home, 110,000 are permanently disabled, and 30,000 are killed. The economic cost to the nation has been projected at 5.5 billion dollars? These statistics do not purport to measure the pain or suffering of the afflicted individual, the person’s family or society: however, they should provide an insight to their magnitude. In 1967 Congress established the National Commission on Product Safety to conduct a comprehenTHE JOURNAL OF SCHOOL HEALTH
sive study of the scope and adequacy of the current. measures employed to protect consumers against the “unreasonable risk” of injuries associated with hazardous household products. The findings and recommendations reached by the Commission stimulated activity on both sides of Capitol Hill which ultimately resulted in the formulation of the Consumer Product Safety Act (PL 92-573). As stated in the law, the purposes of the Consumer Product Safety Act are: 1. To protect the public against unreasonable risks of injury associated with consumer products; 2. To assist consumers in evaluating the comparative safety of consumer products; 3. To develop uniform safety standards for consumer products and to minimize conflicting state and local regulations; and 4. To promote research and investigation into the causes and prevention of product related deaths, illnesses, and injuries.
In order to fulfill these purposes, the Consumer Product Safety Act created an independent, bipartisan federal regulatory agency, the Consumer Product Safety Commission. The Commission’s primary goal is to substantially reduce injuries associated with consumer products. The administration of four acts previously handled by other agencies was also transferred to the Commission- the Flammable Fabrics Act, the Federal Hazardous Substances Act, the Poison Prevention Packaging Act and the Refrigerator Door Safety Act. Exempted from the Commission’s authority were firearms, food, drugs, cosmetics, medical devices, pesticides, motor vehicles, airplanes and boats. The Commission may require the manufacturer, distributor, or retailer of a substantially hazardous product to take one of the following actions: 1. Repair the defective product. 2. Replace the product with a safe one. 3. Refund the purchase price of the defective product.
The Commission holds a strong mandate to educate and inform the general public about product safety. In addition to providing information to consumers and manufacturers, the Commission continues to conduct massive educational campaigns, training programs and research studies. Federal Fire Prevention and Control Act of 1974
An exhaustive and comprehensive examination of the nation’s fire problem, entitled America Bunting was issued by the National Commission on Fire Prevention and Control.5 As a result of the Commission’s study, Public Law 93-493 was enacted on October 29, 1974. The law is known as the “Federal Fire Prevention and Control Act of 1974.” 549
The National Commission detailed findings as to the extent of the fire problem in terms of human suffering, loss of life and property, and consequently made 90 recommendations. The findings point out the U.S.has the highest per capita rate of death and property loss from fire of all the major industrialized nations in the world. Fire kills 12,000, and scars and injures 360,000 Americans each year. Three billion dollars worth of property is destroyed per year. And, in addition, fire fighting is the nation’s most hazardous profession. The report explains that the nation’s fire problem is aggravated by indifference, lack of research, scarcity of reliable data and information, lack of adequate codes, and the fact that local fire departments spend about 95 cents of every dollar appropriated for the fire service on efforts to extinguish fires and only about 5 cents on fire prevention. The Commission identified additional needs for improved professional training and education, a national system for collection, analysis and dissemination of fire data, and additional medical centers properly equipped and staffed to treat burn victims. The Federal Fire Prevention and Control Act was declared to have four purposes: 1. Reduce the nation’s losses caused by fire through better fire
prevention and control. 2. Supplement existing programs of research, training, and edu-
cation, and to encourage new and improved programs and activities by state and local governments. 3. Establish the National Fire Prevention and Control Administration and Fire Research Center within the Department of Commerce. 4. Establish an intensified program of research into the treatment of bum and smoke injuries and the rehabilitation of victims of fires within the National Institutes of Health.
The Act establishes, within the Department of Commerce, an agency known as the National Fire Prevention and Control Administration with an Administrator and Deputy Administrator appointed by the President. The Administrator is authorized to take all necessary steps to educate the public and to overcome public indifference as to fire and fire prevention. Such steps may include, but are not limited to, publicatioqs, audio-visual presentations, and demonstrations. Public education efforts shall include programs to provide specialized information for those groups of individuals who are particularly vulnerable to fire hazards, such as the young and the elderly. The Administrator shall also sponsor and encourage research, testing, and experimentation to determine the most effective means of such public education. The Act also has provisions for the Department of Health, Education and Welfare to establish, within National Institutes of Health, an expanded pro550
gram of research on burns, treatment and rehabilitation. In addition, 25 more bum centers are to be established.
Summary and Conclusion Despite the tremendous gains which have been made in hazard identification, evaluation and control, the associated costs and losses to society have been steadily increasing in our nation. “Accidental injuries and deaths are a health and medical problem of major significance.”6 Currently, human suffering and financial loss from preventable accidental deaths (and injuries) constitute a public health problem second only to the ravages of ancient plagues. Within the last five years “mandates” from Washington, D.C. have decreed a new attack upon this formidable problem. Each of these mandates acknowledges the magnitude of the problem and establishes definitive procedures for the realization of loss reduction. Perhaps the most significant theme advanced by all of the mandates is the need for and requirement of continuous meaningful education of the citizens of our country. In order to fulfill our professional obligations we have a responsibility to assure that our students are familiar with the provisions, protections and responsibilities of these legislative mandates. In this context both authors of this article urge its readers to expand their horizons on these areas and include relevant content in their curriculum and instruction. RESOURCES Federal 1. Department of Commerce National Fire Prevention & Control Administration Washington, D.C. 20230 ( 202-783-9200)
2. Occupational Safety and
Health Administration New Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 ( 202-523-8151)
3. Office of Consumer Affairs
Executive Office Building 17th and Pennsylvania Avenue, N.W. Washington, D.C. 20201 ( 202-245-6093)
4.
U.S. Coast Guard Office of Boating Safety Washington, D.C. 20590 (202-426-1084)
5.
U.S. Consumer Product Safety Commission Washington, D.C. 20207 ( 800-638-2666)
NOVEMBER 1976 VOLUME XLVl NO. 9
2. The Job Safety and Health Act of 1970. Bureau of National Affairs, 1971, p v. 3. Boating Statistics. United States Coast Guard, US Government Printing Office, 1973, p 6. 4. America Burning. National Commission on Fire Prevention and Control, US Government Printing Office, 1973, p 177. 6. Wilner DM, Walkley RP, Goerke LS: Introduction to Public Health, ed 6. New York, MacMillan Publishing Co, Inc, 1973,
Assodations 1. American Insurance Association 85 John Street New York, NY 10038 2. National Fire Protection Association 470 Atlantic Avenue Boston, MA 02110 3. National Safety Council 425 North Michigan Avenue Chicago, IL 60611
p 226.
REFERENCES 1. The Job Safety and Health Act of 1970. Bureau of National Affairs, 1971, p 13.
The corresponding author of this article is Harold Nelson Bowers, HSD, Associate Professor and Program Director, Department of Hazard Control Technology, Indiana University, Bloomington, IN 47401.
Call for Resolutions Annually the American School Health Association addresses itself to significant problems in the field of child health and school health education. The full span of the discussion on many of these problems is made known through a series of Resolutions passed by the Governing Council. The membership is invited to suggest problems which might serve as the basis for action of this sort. Such suggestions should be transmitted to the Chairman of the Resolutions Committee, American School Health Association, Kent, OH 44240.
THE JOURNAL OF SCHOOL HEALTH
55 1
