As reprehensible as child labor is, and as much as it ought to be abandoned — that's something that has to be done by state legislators, not by Members of Congress. This may sound harsh, but it was designed to be that way. It was designed to be a little bit harsh. Not because we like harshness for the sake of harshness, but because we like a clean division of power, so that everybody understands whose job it is to regulate what.
[T]here will be no check upon the power of the Populistic States to exempt themselves and make a few Eastern States pay all, or nearly all, the tax.
The Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) program is intended to manage the disposition of wastes into geologic repositories. Hydraulic fracturing is a well stimulation technology that has been used for more than 50 years over a million times. It has been regulated for decades by states and never posed an environmental risk. It is essential to the development of American natural gas and oil. There are no environmental benefits to additional federal regulation.
Health care and unemployment are basically State-level concerns, with corresponding programs to meet these needs. The issue of health insurance for the unemployed should also be resolved at that level, without Federal intervention. Currently, 29 States have enacted some legislation dealing with health insurance and unemployment. We advocate that the States continue to resolve this and other health insurance matters.
As we devise legislation of this kind, my observation through the years has been that we tend to work at the Federal end of the chain. We will put the money in the Federal end, and it’s almost always on the assumption that the party at the very other end gets his full cost. If there ever was a circumstance under which you wanted the various parties and participants to share, this is the circumstance. I would again come back to fostering and leaving opportunities open for encouraging initiatives on the part of the insurance underwriters, providers, and communities to share in the cost of this problem. Don’t make it so easy. Don’t just give 100 percent Federal money. Somebody has got to start giving on the chain.
To remove jurisdiction of thermal discharges to the higher Federal level offers no evident benefits in the public interest, and on the contrary our experience has shown that it will lead to decisionmaking[sic] on the basis of arbitrary formulas without giving proper weight to the local conditions that do affect public interest.
The major problem in occupational safety and health is how to motivate people to work safely. We endorse any action that promises to contribute to a solution of that problem. Accordingly, we endorse proposals for Federal government support of research, education, and training and support to the States in improving their standards of performance.
The prevention of job injuries requires an intimate knowledge of conditions and a close working relationship between management, labor and Government. The states, because of their familiarity with local programs, can plan safety programs for local areas more effectively than can be done through a national program administered from Washington D.C.
[I]n striving to improve safety and healthful conditions in the workplace it is prudent—and it will be productive—to build upon the foundations of successful experiences of American industry working in partnership with State and private agencies. We seriously question whether certain of the measures embodied in the proposed legislation will not encumber rather than enhance progress in occupational safety and health.
The Act broadly authorizes the Secretary to grab any police powers in the occupational health and safety fields that are now held by states. State safety officials could be forced to report directly to the federal Secretary when he says so.
