Walking Safely

“The law is not a ‘light’ for you or any man to see by; the law is not an instrument of any kind. The law is a causeway upon which so long as he keeps to it, a citizen may walk safely.”

— Sir Thomas More

Sir Thomas More might just as well have been talking about the gases and welding industry in 2005 when he spoke these words in 1505.

The U.S. Department of Transportation, the Food and Drug Administration, and the Occupational Safety and Health Administration are a small collection of the agencies that have provided the signposts along the causeway of our industry over the last 60 years. The laws and regulations they have set down have guided us, sometimes embroiled us, even confused us. But they have been meant for one thing…to help us to “walk safely.”

The cost of doing business today revolves around these laws and regulations. In this, the first in an ongoing series about some of them, W&GT looks at welding fume litigation, product liability and the limits on using fax machines with your customers.

In our 60-year history, GAWDA has been and will remain at the forefront, pushing for the solutions that protect the livelihood of its members, Distributors and Manufacturers.

A Look Back
1965	• Standard numbering is introduced.

1967	• Department of Transportation opens its doors on April 1.

1970	• National Highway Traffic Safety Administration established. • President Nixon signs Occupational Safety and Health Act. • Environmental Protection Agency established.

1971	• OSHA standards provide baseline for safety and health protection in workplaces. • DOT revises method for marking cylinders.

1973	• U.S. Supreme Court endorses FDA action to control entire classes of products by regulations.

1976	• Medical Device Amendments require manufacturers to register with FDA and follow quality control procedures.

1978	• OSHA clarifies 29 CFR 1910.252(a)(l)(iii), stating that use of replacement tips will not nullify the “approved apparatus” status of a torch, under specific conditions.

1982	• OSHA Standards 29 CFR 1926.451(w) and 1926.451(a)(18) regarding welding on float or ship scaffolds are clarified.

1983	• DOT establishes rules for Handling and Transporting Cryogenic Materials.

1986	• OSHA now requires MSDS for hazardous materials.

1988	• OSHA publishes “The Use of Polyvinyl Chloride Pipe in Above Ground Installations” and describes the hazard when using PVC pipe for transporting compressed gases.

1989	• FDA revises its non-legally bound Compressed Medical Gases Guideline.

1992	• Canada passes Transportation of Dangerous Goods Act to promote public safety. • National Institute for Occupational Safety and Health (NIOSH) considers welding fumes as potential occupational carcinogens and recommends exposure limit.

1994	• OSHA requires employers to pay for personal protective equipment. • The American Conference of Governmental Industrial Hygienists assigns welding fumes a threshold limit value of 5 mg per cubic meter as a TWA for a normal 8-hour workday and a 40-hour workweek.

1997	• Hazard Communication Standard enacted for electronic transmittal of MSDS.

1999	• The Motor Carrier Safety Improvement Act establishes the Federal Motor Carrier Safety Administration.

2000	• FDA accepts electronic records, electronic signatures and handwritten signatures executed to electronic records.

2001	• Aviation and Transportation Security Act establishes new Transportation Security Administration to increase security at airports and other transportation venues. • U.S.A. Patriot Act enhances law enforcement investigatory tools.

2002	• Title 2 of the Public Health Security and Bioterrorism Preparedness and Response Act (Bioterrorism Act) addresses controls on dangerous biological agents and toxins. • Homeland Security Act establishes the Department of Homeland Security, which assumes management of the U.S. Coast Guard and Transportation Security Administration, formerly DOT Operating Administrations.

2004	• New Hours of Service go into effect. • All people who visually requalify cylinders must now be registered with DOT. • New Medical Examination Form released for CDL drivers. • Background check on new drivers requires more detail; DOT forces past employers to reply.

2005	• DOT Incident Reporting Form updated. • FMCSA requires safety permits for transport of certain hazardous materials.