SENATE COMMITTEE ON RULES

 

 

May 1, 2003                                                                                                         Hearing Room 343

3:00 pm                                                                                                                         Tapes 44 - 47

 

MEMBERS PRESENT:         Sen. Kate Brown, Co-chair

Sen.  Bev Clarno, Co-chair

Sen.  Jason Atkinson Vice-chair

Sen. Ginny Burdick Vice-chair

Sen. Roger Beyer

Sen. Tony Corcoran

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Pam Cox, Committee Assistant

 

MEASURE/ISSUES HEARD:           HCR 3 A – Public Hearing and Work Session

                                                HCR 5 – Public Hearing and Work Session

                                                HCR 7 – Public Hearing and Work Session

                                                HB 3010 – Public Hearing

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE#

Speaker

Comments

TAPE 44, A

005

Chair Brown

Calls the committee meeting to order at 3:09 p.m.  Opens a public hearing on HCR 3A.

HCR 3A – PUBLIC HEARING

003

Jim Stembridge

Committee Administrator.  Summarizes HCR 3A.

005

Rep. Gillman

House District 55.  Offers information on Benjamin (Kip) Lombard Jr.

010

Jim Stembridge

Reads a statement in favor of HCR 3 from Sen. Hannon on the recognition of Kip Lombard describing his many years of service to Oregon (EXHIBIT A).

010

Chair Brown

Closes the public hearing on HCR 3A and opens the work session on HCR 3A.

HCR 3A – WORK SESSION

011

Sen. Clarno

MOTION:  Moves HCR 3A be sent to the floor with a BE ADOPTED recommendation.

012

 

VOTE:  5-0

EXCUSED:  1 - Sen. Burdick

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. HANNON will lead discussion on the floor.

015

Chair Brown

Closes the work session on HCR 3A and opens the public hearing on HCR 5.

 

HCR 5 – PUBLIC HEARING

030

Jane Glasser

Submits testimony in favor of HCR 5 informing the committee about Mary Baker Eddy noting that her ideas, achievements and accomplishments influenced both men and women (EXHIBIT B).

120

Chair Brown

Closes the public hearing on HCR 5 and opens the work session on HCR 5.

HCR 5 – WORK SESSION

121

Sen. Clarno

MOTION:  Moves HCR 5 be sent to the floor with a BE ADOPTED recommendation.

122

 

VOTE:  4-0

EXCUSED:  2 - Atkinson, Beyer

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. METSGER will lead discussion on the floor.

122

Chair Brown

Closes the work session on HCR 5 and opens the public hearing on HCR 7.

HCR 7 PUBLIC HEARING

123

John Black

Association of Oregon Community Development Organizations.  Testifies in favor of HCR 7 which is a memoriam for Gerald J. Bieberle and further describes the non-profit affordable housing that he established for low income families.

134

Phyllis Brand

Testifies in favor of HCR 7 by submitting written testimony and offering information on Gerald J. Bieberle describing  his advocating for seniors and the disabled (EXHIBIT C).

154

Rep. Merkley

District 47.  Testifies in favor of HCR 7 offering written testimony and explains the experiences he had with Jerry Bieberle noting Jerry had a mission for the poor, the under privileged and education for all and he dedicated his life to those goals (EXHIBIT D).

238

Sen. Corcoran

Offers information regarding Jerry Bieberle and an egg bill he was carrying.

The following prepared testimony is submitted for the record without public testimony for HCR 7:

 

Ellen C. Lowe

Submits written testimony (EXHIBIT E).

 

Bonnie Davidson

Submits written testimony (EXHIBIT F).

244

Chair Brown

Closes the public hearing on HCR 7 and opens the work session on HCR 7.

HCR 7 – WORK SESSION

249

Sen. Clarno

MOTION:  Moves HCR 7 be sent to the floor with a BE ADOPTED recommendation.

250

 

VOTE:  5-0

EXCUSED:  1 - Sen. Burdick

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. CORCORAN will lead discussion on the floor.

251

Chair Brown

Closes the work session on HCR 7 and opens the public hearing on   HB 3010

HB 3010 – PUBLIC HEARING

274

Jim Stembridge

Committee Administrator.  Summarizes HB 3010.

276

Rep. Berger

House District 20.  Testifies in support of HB 3010 and offers information on the federal regulations for steel erectors and states that workers doing these jobs should be the ones telling us how it should be done.

313

Carson Carney

Project Manager, Reedsport, Oregon.  Testifies in support of HB 3010 and offers his experiences in steel construction and informs the committee on regulations, limitations and equipment.

408

Pete DeLuca

Administrator, Oregon Occupational Safety and Health Administration (OSHA).  Offers written testimony as a neutral party on HB 3010 and explains the incredible arguments on both sides of this issue but notes if the bill is adopted the amendments should be also be adopted, (EXHIBIT G).

TAPE 45, A

121

Chair Brown

Asks how long was the rule making process on The Steel Erection Negotiating Rulemaking Advisory Committee (SENRAC).

124

DeLuca

Responds it was two days, 2-hours one day and 1.5-hours the other day.

135

Chair Brown

Asks if there have been any accidents since this rule was adopted.

137

DeLuca

Responds that he is not aware of any.

153

Sen. Beyer

Asks if he drafted the -1 amendments and notes there is a five year sunset in them.

155

Deluca

States it does offer a five year period to look at the whole thing.

166

Jeff Carlson

Offers testimony in favor of HB 3010. Provides information on the rule making process and states this is not about safety, it is about bidding and urges the passage of HB 3010 (EXHIBIT H).

309

Paul Phillips

Northwest Ironworkers.  Testifies in favor of SB 3010 and explains these rules will make steel erections a lot safer.

356

Paddy Barry

Financial Secretary /Business Manager of Ironworkers.  Testifies in support of HB 3010 submitting written testimony and states that the unions meet and formed these rules and explains those that lost their lives had been wearing fall protection (EXHIBIT I).

449

Sen. Corcoran

Asks if the ten foot rule is being adopted in other states.

450

Barry

States California has adopted a similar proposal. For most other states it is about 50-50

460

Sen. Corcoran

Asks Mr. Carlson about the photographs that were submitted with written testimony.

TAPE 44, B

030

Phillips

Provides information on the photographs.

066

Sen. Burdick

Asks Mr. Barry about the accident incident he had and asks if OSHA developed some sort of standard to deal with this issue.

078

Barry

Notes the accident happened because the operator pushed the wrong button.

089

Carlson

States this is a scary business but with HB 3010 it will allow us time to get out of harms way.

092

Sen. Burdick

Indicates some companies require a tie off at less then ten feet, asks how do you deal with that.

099

Carlson

Answers they comply with that company’s rules, it is a matter of lessening the exposure of risk.

109

Chair Brown

Asks if the construction companies Baugh and Hoffman require a six foot tie off.

111

Carlson

Notes it is not always the general contractor sometimes the client’s rules are what you have to conform to.

119

Sen. Burdick

Asks why the bill isn’t prohibiting tying off at lower than thirty feet.

122

Carlson

Responds having trouble with overruling other company’s standards that we try to hit a middle ground.

134

Sen. Burdick

Asks why don’t the insurance companies state it is safe not to tie off.

139

Carlson

States HB 3010 will create a safer environment.

143

Chair Brown

Asks since the ten foot rule, have there been any serious injuries or deaths.

145

Carlson

Answers none since the 2002 when the Oregon rules were developed.

153

Chair Brown

Asks if it is more important to be tied off or to have more mobility.

158

Carlson

Answers it is different in each circumstance and explains it is safer for the connecter to have mobility.

194

Jessica Harris

Associated General Contractors.  Testifies in opposition of HB 3010 and notes this bill is about safety and states safety should not be a political issue. (EXHIBITS J, R, S).

281

Sen. Corcoran

Asks if they lobbied against HB 3010 in the House.

284

Harris

Answers affirmatively.

286

Sen. Corcoran

Asks if it was split politically in the vote.

293

Harris

Responds no it was not.

294

Sen. Corcoran

Asks if their organization on the federal level participated in the SENRAC discussions.

300

Harris

Answers affirmatively.

301

Sen. Corcoran

Asks how long the sessions were.

302

Harris

Responds quite lengthy.

303

Sen. Corcoran

Asks what was the conclusion.

304

Harris

Answers they were adopted.

306

Pat O’Brien

Construction Laborer/Contractor.  Testifies in opposition of HB 3010 and explains working with ironworkers and he informs making the job sight safe is his number one goal. Gives examples of accidents that have happened.

423

Chair Brown

Asks what was the footage of tying off in these particular accidents.

445

O’Brien

Answers twenty-five feet.

447

Chair Brown

Asks if the insurance rates are different according to the height where these workers tie off.

449

O’Brien

Responds no, not unless someone was in an accident and they were not tied off.

453

Sen. Burdick

Asks if the insurance companies have done studies on tying off.

463

O’Brien

Expresses that to an insurance company a long term injury is worse to them then a death.

473

Harris

Notes this is not about money and describes aclaim.

TAPE 45, B

043

Chair Brown

Asks in determining what is safe why not ask those that are at risk.

054

O’Brien

Informs the committee on all the different trades that are on a job site and notes the difference is just the material.

056

Sen. Corcoran

Asks why not listen to an ironworker as oppose to another trade.

065

O’Brien

Notes the contractor is responsible for safety and that means being able to understand all trades.

086

Sen. Corcoran

Asks if Mr. O’Brien has any ironworkers in his employment.

087

O’Brien

Answers no he does not.

088

Sen. Corcoran

Asks if he testified at the SENRAC hearings.

089

O’Brien

Answers no he did not.

090

Sen. Corcoran

Asks if he has done ironworks as a connector.

091

O’Brien

Responds yes he has.

094

Adam Hoffard

Describes the incident which paralyzed him and explains there are certain areas in construction you cannot tie off.

102

Chair Brown

Asks how old he is and how long he has been in construction.

103

Hoffard

Responds he is twenty-seven and he has been in construction ten years.

104

Harris

Asks for passage of the -2 amendment if this bill is passed.

126

Steve Rank

Testifies in favor of HB 3010 and informs the committee on accidental deaths. Provide information on the major part of these accidents were not because of tying off but because of other kinds of steel erection incidents. Provides a PowerPoint presentation on SENRAC’s regulations and requirements.

381

Ed Glad

Pacific Northwest Carpenters.  Testifies in opposition of HB 3010 and explains they are heavily vested in safety and they oppose weakening safety standards (EXHIBIT K).

TAPE 46, A

040

Sen. Beyer

Asks if ten feet is arbitrary.

042

Glad

Noting from above ten feet the worker needs to make a conscious decision on how the fall protection would be applied.

075

Sen. Beyer

Asks why OSHA raised tie off heights from six feet to ten feet.

092

Chair Brown

Responds they were probably looking for a uniform standard that was easy to enforce.

089

Bill Walden

Pacific Northwest Regional Council of Carpenters.  Testifies in opposition to HB 3010 discussing insurance issues and suggests that fall protection should be used for all industries (EXHIBIT L).

134

Jim Pauley

Testifies in favor of HB 3010 and offers information on the ironworker having the choice to tie off when needed because the workers understand when and when not to tie off.

154

Michael Salber

Testifies in favor of HB 3010 and offers the experience of a friend being killed because of the tie off regulations.

199

Robert Clerihew

Testifies in favor of HB 3010 and notes he has been an ironworker for many years and states this bill is about ironworker’s safety. Workers will always use the safest way to do the work but being tethered is not always best.

245

Daniel Sabatino

President, American Society of Safety Engineers/Columbia Willamette Chapter. Testifies in opposition of HB 3010 submitting written testimony and explains that seat belts save lives and people were uncomfortable when the first started wearing them. States the greater hazard to construction workers is to fall (EXHIBIT M).

390

Sen. Corcoran

Asks Mr. Sabatino for information on the accident where the worker was not tied off but survived the Portland Airport accident.

356

Walter Want

Owner, Norwest Marketing.  Testifies in favor HB 3010 and offers information on near misses where the workers were attached and survived.

426

Sen. Atkinson

Asks if the falls explained in his testimony were caused by steel connecting.

428

Want

Responds no there were various types of work being done.

TAPE 47, A

004

Chair Brown

Inquires about the tie off limit in other states.

006

Want

Notes the men need to comply with other states standards.

007

Sen. Corcoran

Notes that makes it sound like an economic issue.

008

Want

Responds that may be.

010

Sen. Atkinson

Asks did the nineteen falls happen to carpentry work or steel connecting.

030

Want

Answers he has knowledge of sites but cannot remember the trades.

038

 T. Joe Miller

Manager, Safety and Loss Control, Associated General Contractors.  Testifies the rule is a flawed process and explains that as a safety inspector fall protection saves lives (EXHIBIT N).

073

Lee Worley

Coordinator, Ironworkers Local 29.  Testifies in support of HB 3010 and offers a mission statement.

106

Richard Salber

Testifies in favor of HB 3010 and explains the process of hooking and unhooking. Comment that the federal rule is safer.

142

Bob Shiprack

Electrician.  Testifies in favor of HB 3010 and explains a lot of the people testifying on this bill have never preformed this kind of work.

292

Chair Brown

Asks if he wants the six foot rule back.

296

Dan Arties

Ironworker.  Testifies in support of HB 3010 and describes for the committee a near death experience while working on the Dornbecher’s Hospital.

315

Al Arguedas

Safety Director, Skanska Baugh Construction.  Testifies in favor of        HB 3010 submits written testimony explaining this bill.

403

Bruce Poinsette

Chair, Governmental Affairs, American Society of Safety Engineers.  Testifies in opposition of HB 3010 and explains there is no reason to expose someone to a dangerous fall (EXHIBIT O).

432

Ken Greenhill

Safety Professional.  Testifies in opposition of HB 3010 . Submits written testimony on the statistics regarding deaths caused by falls and how many people were saved by fall equipment (EXHIBIT P).

TAPE 46, B

078

Lisa Trussel

Association of Oregon Industries (AOI).  Testifies in opposition of   HB 3010 and offers the perspective of a constructional problem and equipment failure. States this bill does not get to the just cause and offers OSHA’S statistics on fatalities.

191

Greenhill

Notes that the ironworkers testifying today do not represent all the people that do dangerous work.

130

Sen. Atkinson

Notes all the people here make a voice and it makes a tremendous difference in making Oregon’s process important.

The following prepared testimony is submitted for the record without public testimony for HCR 7:

 

Dan Quatier

Submits written testimony (EXHIBIT R).

154

Chair Brown

Closes the public hearing on HB 3010 and adjourns committee meeting at 6:06 p.m.

 

EXHIBIT SUMMARY

 

A – HCR 3A, written testimony, Sen. Hannon 1 p

B – HCR 5, written testimony, Jane Glasser, 2 pp

C – HCR 7, written testimony, Phyllis Brand, 1 p

D – HCR 7, written testimony, Rep. Merkley, 5 pp

E – HCR 7, written testimony, Ellen C. Lowe, 7 pp

F – HCR 7, written testimony, Bonnie Davidson, 2 pp

G – HB 3010, written testimony, Peter DeLuca, 2 pp

H – HB 3010, written testimony, Jeff Carlson, 6 pp

I – HB 3010, written testimony, Paddy Barry, 2 pp

J – HB 3010, written testimony, Jessica Harris, 15 pp

K – HB 3010, written testimony, Ed Glad, 2 pp

L – HB 3010, written testimony, Bill Walden, 2 pp

M – HB 3010, written testimony, Daniel Sabatino, 2 pp

N – HB 3010, written testimony, T. Joe Miller, 2 pp

O – HB 3010, written testimony, Bruce Poinsette, 1 p

P – HB 3010, written testimony, Ken Greenhill, 12 pp

Q – HB 3010, written testimony, Rex D. Smith, 1 p

R – HB 3010, written testimony, Dan Quatier, 1 p

S – HB 3010, oversized exhibit, Jessica Harris, CD