[net.politics] Red plot foiled at govt. agency

carnes@gargoyle.UChicago.UUCP (Richard Carnes) (05/16/85)

Your tax dollars at work:  [from Chicago Tribune 5/10/85]

WASHINGTON--Top officials of the federal Occupational Safety and
Health Administration acknowledged to Congress Thursday that they
referred to their employees as "commies."

OSHA chief Robert Rowland, under fire for reputed conflicts of
interest and lax enforcement of safety standards, was asked at a
House hearing whether he recently told a group of the agency's top
managers:  "OSHA is full of commies, and I'm going to root them out
and [obscenity]."  ...

Rowland denied making the comment precisely as quoted by [Rep. Gerry]
Sikorski, but later said many people use the term "commie" in a
joking way, and he may have made a similar statement.

OSHA's critics say Rowland cares little about maintaining worker
safety and is instead antagonistic toward employees who are dedicated
to that goal.

References to Communists were acknowledged by another OSHA official,
Leonard Vance, director of health standards.  Vance was asked whether
he had told a team working on lead standards in 1982 that their draft
proposal sounded "communistic" or that its author sounded as if she
had "been trained in Moscow."  ...

Vance attracted attention last year when House members threatened to
subpoena records they said might show that he had consulted with a
regulated industry before writing a regulation.  Vance said at the
time that his dog had vomited on the documents and that he had to
destroy them.

Thursday's stormy hearing also included discussion of a top-level
OSHA seminar about internal management.  One manager at the seminar
later wrote an unsigned memo saying that agency leaders were told to
disregard civil-service rules and fire "troublemakers."  The
employees could then fight in court to get their jobs back, the
seminar reportedly was told.  ...

Rowland's failure to enact a long-delayed safety standard for farm
workers requiring sanitation facilities in the field was condemned by
labor groups last month.

Rowland, appointed 18 months ago and not yet confirmed by Congress,
is under an ethics review for his ownership of more than $1 million
in stock in chemical, pharmaceutical, petroleum and other firms.

One of these firms is Tenneco Inc., which has agribusiness
subsidiaries that could be directly affected by the field-sanitation
regulation.
___________________

So I propose the following topic for consideration by net.politics:
If your dog vomits on an important government document, is the
document recoverable?  Is it exempt from subpoena?  Does it depend on
what your dog eats, or on the nature of the document?  I think that
net.politics is well suited to answer this type of question,
particularly since the more prestigious think tanks don't ordinarily
address such issues. 

Richard Carnes, ihnp4!gargoyle!carnes

mom@sftri.UUCP (Mark Modig) (05/17/85)

> 
> So I propose the following topic for consideration by net.politics:
> If your dog vomits on an important government document, is the
> document recoverable?  Is it exempt from subpoena?  Does it depend on
> what your dog eats, or on the nature of the document?  I think that
> net.politics is well suited to answer this type of question,
> particularly since the more prestigious think tanks don't ordinarily
> address such issues. 
> 

Please do not clutter net.politics with this sort of discussion. 
Please move all followups to net.pets where they belong.

Mark Modig
ihnp4!sftri!mom

mms1646@acf4.UUCP (Michael M. Sykora) (05/18/85)

There's a simple solution to all of this  --  get rid of OSHA.

					Mike Sykora

carnes@gargoyle.UChicago.UUCP (Richard Carnes) (05/25/85)

In article <> mms1646@acf4.UUCP (Michael M. Sykora) writes:

>There's a simple solution to all of this  --  get rid of OSHA.

One thing for which I admire libertarians is their ability to come up
with a simple solution for almost any problem you can name.  Mike
points out that you can get rid of all the problems associated with
the existence of OSHA by getting rid of OSHA.  How come we never
think of these things.  

The 1984 Libertarian Party platform makes a similar recommendation:

	We call for the repeal of the OSH Act.  This law denies the
	right to liberty and property to both employer and employee,
	and it interferes in their private contractual relations.  
	OSHA's arbitrary and highhanded actions invade property
	rights, raise costs, and are an injustice imposed on 
	business.

Heaven forbid we should impose an injustice on business, but what
about the problems of worker safety and health that OSHA was intended
to address?  Millions of workers are daily exposed to such toxic
substances as lead, cyanide, silica dust, cotton dust, pesticides,
asbestos, and radioactive materials, and many workers are required to
risk their physical safety in various ways.  

According to my understanding, libertarians deeply deplore the fact
that thalidomide was not allowed to be marketed in the US; they
profoundly regret the fact that crib safety standards have interfered
with the right of infants to strangle themselves; and they are
outraged by government-imposed safety standards for both airlines and
nuclear power plants.  Does this antiregulatory stance extend to the
prohibition of all workplace safety and health regulation as well?  

Let us have [trumpets, please] the Libertarian Solution to the
problems of occupational risk.  And make sure it's a simple one.

Richard Carnes, ihnp4!gargoyle!carnes

mms1646@acf4.UUCP (Michael M. Sykora) (05/27/85)

>/* carnes@gargoyle.UChicago.UUCP (Richard Carnes) /  5:08 pm  May 24, 1985 */

>. . .  How come we never think of these things.  

Pay closer attention, Richard, and maybe you'll learn something. :-)

>Heaven forbid we should impose an injustice on business, but what
>about the problems of worker safety and health that OSHA was intended
>to address?  Millions of workers are daily exposed to such toxic
>substances as lead, cyanide, silica dust, cotton dust, pesticides,
>asbestos, and radioactive materials, and many workers are required to
>risk their physical safety in various ways.  

I believe that most libertarians are atheistic, so the heavenly reference
is probably inappropriate.

Required by whom?  If I say that you are required to do A,
are you going to do it just because I said so?  However, if I
require you to do A in order to obtain B from me, you have two choices:
you can do A, or forget about the deal.  But it's YOUR choice.

>. . . and they are
>outraged by government-imposed safety standards for both airlines and
>nuclear power plants.  Does this antiregulatory stance extend to the
>prohibition of all workplace safety and health regulation as well?  

Yes.

>Let us have [trumpets, please] the Libertarian Solution to the
>problems of occupational risk.  And make sure it's a simple one.

Thanks just the same for the trumpets, but we prefer substance to
sensationalism.

>Richard Carnes, ihnp4!gargoyle!carnes


						Mike Sykora

nrh@inmet.UUCP (05/29/85)

>/**** inmet:net.politics / gargoyle!carnes /  5:08 pm  May 24, 1985 ****/
>In article <> mms1646@acf4.UUCP (Michael M. Sykora) writes:
>
>>There's a simple solution to all of this  --  get rid of OSHA.
>
>One thing for which I admire libertarians is their ability to come up
>with a simple solution for almost any problem you can name.  Mike
>points out that you can get rid of all the problems associated with
>the existence of OSHA by getting rid of OSHA.  How come we never
>think of these things.  

Oh, I don't know.  I find that some liberals have marvelously simple
solutions to things: workers paid too little?  Simple: just make it
illegal to pay them that little.  Prices getting too high?  Why just
make it illegal to charge those prices.  Given the two types of
solutions, that is, eliminating government agencies or making things you
don't like illegal, I find myself more comfortable with the
former.

You don't like SIMPLE solutions?  Do you by some chance write any 
that human lives depend upon?  If so, let us know, but I find that
my digital watch (number of moving parts = 1) works better than my
old mechanical (number of moving parts >> 10) watch, is cheaper,
and can be read in the dark by pushing a button (arguably the only
moving part).  The libertarian solution, a mixture of liability and
publicity, has fewer "moving parts" (government regulations), but 
more subtle and correct feedback mechanisms.

>
>The 1984 Libertarian Party platform makes a similar recommendation:
>
>	We call for the repeal of the OSH Act.  This law denies the
>	right to liberty and property to both employer and employee,
>	and it interferes in their private contractual relations.  
>	OSHA's arbitrary and highhanded actions invade property
>	rights, raise costs, and are an injustice imposed on 
>	business.
>
>Heaven forbid we should impose an injustice on business, but what
>about the problems of worker safety and health that OSHA was intended
>to address?  Millions of workers are daily exposed to such toxic
>substances as lead, cyanide, silica dust, cotton dust, pesticides,
>asbestos, and radioactive materials, and many workers are required to
>risk their physical safety in various ways.  

Let's continue this logic, shall we?  It'll be tough to have
action movies because stunt men must not be allowed to risk their
lives.  It'll be illegal to get fish from the sea because of the possible
danger to fishermen of their working environment.  It'll be illegal to 
be a bicycle delivery person in New York, because of the triple whammy
of unsafe conditions (NY traffic), bad environment (toxic junk in
air from NY traffic) and dangerous persons (Taking the subway to 
avoid the two previous hazards lets you in for a fight with 
subway criminals, right)?

The interesting thing about Carnes' paragraph above is that he merely
IMPLIES that libertarians advocate exposing people to toxic chemicals.
It's possible that Carnes stops at implication because he knows that
libertarians do NOT advocate such exposure, but merely the freedom to
take hazardous jobs freely, and the responsibility of employers not to
mislead (use fraud upon) their employees regarding the danger of a given
job.  Fraud, of course, is something libertarians frown upon to the
extent of making it actionable, whether in Minarchist courts or 
Anarchist arbitration.

In other words, libertarians (and here I mean, of course,
"libertarians who agree with me") feel that jobs known to be hazardous
should be presented as such, and jobs NOT known to be safe should
probably be insured anyhow (How much more would we know about how
to measure such things if there were a great deal of money to be
made by a private firm which was 99% accurate the about the
safety of a given job?)

>According to my understanding, libertarians deeply deplore the fact
>that thalidomide was not allowed to be marketed in the US; they
>profoundly regret the fact that crib safety standards have interfered
>with the right of infants to strangle themselves; and they are
>outraged by government-imposed safety standards for both airlines and
>nuclear power plants.  Does this antiregulatory stance extend to the
>prohibition of all workplace safety and health regulation as well?  

For such a foe of simplicity, you certainly apply a lot of it.  Here,
for example, you mention Thalidomide, which caused birth defects in the
children of pregnant women who used it.  You didn't mention Beta
Blockers, which could have saved 10,000 lives/year in the US, but
didn't, because the FDA didn't approve of them (See Milton & Rose
Friedman, "Free to Choose", pp 196-197).

If we absolutely MUST have government agencies evaluating drugs,
why must we give them CONTROL over access to the drugs?  One 
alternative is to cede the agency the right to post warnings 
on drug packages, for example "UNTESTED", "THOUGHT TO BE SAFE"
"KNOWN TO BE SAFE", "THOUGHT TO BE DANGEROUS".  This would have
made Beta Blockers AND thalidomide available to those willing
to take risks.  The net effect? Well, as I recall, thalidomide
was a mild tranquilizer, thought to be free from side-effects.  Few
would have risked a drug marked "DANGER - *NOT* FDA-APPROVED", 
as a means of relaxing themselves.  On the other hand, the
people who could have been saved by Beta Blockers (they help prevent death
after heart attacks) might well have taken them in defiance of the
warning.  So we'd have a few more deformed children, and (I suspect)
a great many more live adults.  

As for nuclear power plants, the same government you like for giving us
OSHA also arbitrarily limits the possible damages of a nuclear accident
to some artificially low figure.  Why?  Because insurance agencies would
hardly insure reactors in cities for the amounts of damage they might
actually cause.  As it is, of course, the government has spoken, and it
is the government, not the market, which must be blamed for any
artificially imprudent placement or construction of nuclear power
plants.  As for airline safety, I leave it as an exercise for the
reader, but I give you one hint: airlines with records of danger are not
going to be more popular than cars with a record of exploding.

[I can just hear Carnes screaming: "How many airliners would have
to crash before Howard will concede that I'm right?" To which
I reply that nothing would keep Ralph Nader from publishing
a report "Unsafe at any Altitude" about some dangerous airlines,
that there tend to be safety standards even when NOT required by
government, and that insurance companies take a vigorous interest
in the safety practices of their industrial clients.]

>Let us have [trumpets, please] the Libertarian Solution to the
>problems of occupational risk.  And make sure it's a simple one.

The envelope, please..... Ah here we are.  The winner is: LIABILITY FOR
FRAUD COMBINED WITH A FREE PRESS.  What's that?  You prefer the
government solution?  Including, I assume, a government that may not be
prosecuted for exposing people to asbestos during their work on WWII
ships, nor for the aftereffects on people of the supposedly safe "Agent
Orange".

mjk@ttrdc.UUCP (Mike Kelly) (05/29/85)

 >From: carnes@gargoyle.UChicago.UUCP (Richard Carnes)
 >Let us have [trumpets, please] the Libertarian Solution to the
 >problems of occupational risk.  And make sure it's a simple one.

If you die from toxic exposure at your job, you won't work for that guy
anymore.  Eventually he'll kill enough people to drive himself out of
business.  You gotta admit, it *is* simple....

Mike Kelly

mrh@cybvax0.UUCP (Mike Huybensz) (05/30/85)

In article <198@ttrdc.UUCP> mjk@ttrdc.UUCP (Mike Kelly) writes:
> 
>  >From: carnes@gargoyle.UChicago.UUCP (Richard Carnes)
>  >Let us have [trumpets, please] the Libertarian Solution to the
>  >problems of occupational risk.  And make sure it's a simple one.
> 
> If you die from toxic exposure at your job, you won't work for that guy
> anymore.  Eventually he'll kill enough people to drive himself out of
> business.  You gotta admit, it *is* simple....

Isn't it strange then that people are still contracting black lung in
coal mines and brown lung in cotton mills, as they have for centuries.

Except that the incidence has gone down since OSHA regulations were
enacted.
-- 

Mike Huybensz		...decvax!genrad!mit-eddie!cybvax0!mrh

mms1646@acf4.UUCP (Michael M. Sykora) (05/31/85)

>/* mjk@ttrdc.UUCP (Mike Kelly) / 12:36 pm  May 29, 1985 */

 >>From: carnes@gargoyle.UChicago.UUCP (Richard Carnes)
 >>Let us have [trumpets, please] the Libertarian Solution to the
 >>problems of occupational risk.  And make sure it's a simple one.

>If you die from toxic exposure at your job, you won't work for that guy
>anymore.  Eventually he'll kill enough people to drive himself out of
>business.  You gotta admit, it *is* simple....
>
>Mike Kelly

Actually, in Libertaria, an employer who deceives an employee
concerning such matters (e.g., lies to the employee about the 
dangers of toxic exposure on the job) in a situation such as the one
you describe would probably get the death penalty.  Seems to me
that the employer has a considerably larger incentive than the
bureaucrats then to make sure such dangers do not exist on the
job.


						Mike Sykora

cramer@kontron.UUCP (Clayton Cramer) (06/04/85)

> The 1984 Libertarian Party platform makes a similar recommendation:
> 
> 	We call for the repeal of the OSH Act.  This law denies the
> 	right to liberty and property to both employer and employee,
> 	and it interferes in their private contractual relations.  
> 	OSHA's arbitrary and highhanded actions invade property
> 	rights, raise costs, and are an injustice imposed on 
> 	business.
> 
> Heaven forbid we should impose an injustice on business, but what
> about the problems of worker safety and health that OSHA was intended
> to address?  Millions of workers are daily exposed to such toxic
> substances as lead, cyanide, silica dust, cotton dust, pesticides,
> asbestos, and radioactive materials, and many workers are required to
> risk their physical safety in various ways.  
> 
Occupational risks (as measured by injuries per hour) have been
declining since early in this century --- at a time when the government's
actions in pursuit of occupational safety were few and far between.
This has been largely because of the efforts of labor unions to protect
industrial workers from crippling and lethal accidents.  While I am
not great fan of labor unions, they are a natural part of a free market,
and I trust them to be more concerned with worker safety than *any*
government bureaucracy.

> According to my understanding, libertarians deeply deplore the fact
> that thalidomide was not allowed to be marketed in the US;

Banning thalidomide eliminated a very effective medication for several
groups that could have used it safely: men, women not of child-bearing
age, and children.  I have read that because thalidomide had been
approved by the British government's equivalent of the FDA, the legal
standards meant that the manufacturer of thalidomide was *not* liable
for anything but a small part of the money sought by parents of the
injured children; only the bad publicity caused the British manufacturers
to increase their settlement from the equivalent of $5 million to $200
million.

>                                                         they
> profoundly regret the fact that crib safety standards have interfered
> with the right of infants to strangle themselves;

If the crib safety standards make sense, you shouldn't need to impose
them coercively; has anyone forced RS-232 standards on manufacturers?

>                                                         and they are
> outraged by government-imposed safety standards for both airlines and
> nuclear power plants.

Airlines would certainly have created safety standards in the absence
of government regulation for two reasons: dead people's estates file
*very* expensive suits.  (You may recall some years ago the airline
crash in Chicago.  I believe the final bill came to over $200 million.
If that doesn't get the attention of a hard-eyed accountntintype, how
will a few fines from the federal government?)

>                           Does this antiregulatory stance extend to the
> prohibition of all workplace safety and health regulation as well?  
> 
I suggest you do some reading concerning occupational safety, especially
in regard to workman's compensation.  In California (and many other
states), the workman's compensation system took away the right of the
injured party to sue the employer.  If you aren't happy with the settlement
that Workman's Compensation Board gives you --- you are out of luck.

A recent example: a woman who drives a bus for Rapid Transit District
was attacked by one of her riders.  She requested assistance.  After
34 minutes, her supervisor decided she really needed help, so he called
the police.  Of course by then, her assailant had raped her.  Workman's
Compensation granted her the standard amount for someone unable to
work; she wanted to sue her employer, a public agency, that had been
negligent in their actions.  The courts told her she did not have a
right to sue; the only process available to her was Workman's Compensation.

You see, the current system was established just after the turn of the
century because employers in high risk industries got tired of being
sued when an employee was hurt on the job.  The new system helps to
socialize the risks and costs involved, reducing the incentive for an
employer to make things safer in the workplace.

> Let us have [trumpets, please] the Libertarian Solution to the
> problems of occupational risk.  And make sure it's a simple one.
> 
> Richard Carnes, ihnp4!gargoyle!carnes

Perhaps you should actually *read* about some of these issues.  You
might find that the world isn't anywhere near as simple a place as you
seem to think.

rwsh@hound.UUCP (R.STUBBLEFIELD) (06/05/85)

[]
In response to Richard Carnes' defense of government regulation:
>>
>>According to my understanding, libertarians deeply deplore the fact
>>that thalidomide was not allowed to be marketed in the US; they
>>profoundly regret the fact that crib safety standards have interfered
>>with the right of infants to strangle themselves; and they are
>>outraged by government-imposed safety standards for both airlines and
>>nuclear power plants.  Does this antiregulatory stance extend to the
>>prohibition of all workplace safety and health regulation as well?  

Nat Howard says:
>
>As for nuclear power plants, the same government you like for giving us
>OSHA also arbitrarily limits the possible damages of a nuclear accident
>to some artificially low figure.  Why?  Because insurance agencies would
>hardly insure reactors in cities for the amounts of damage they might
>actually cause.  As it is, of course, the government has spoken, and it
>is the government, not the market, which must be blamed for any
>artificially imprudent placement or construction of nuclear power
>plants.
Peter Beckmann says:
"Contrary to widespread misconceptions, liability insurance for nuclear
accidents is fully private with not a cent either contributed or confis-
cated by the government (with the unimportant exception of small reactors
under 100 MW, used mainly at universities and research labs).  Liability
up to $160 million is covered by a pool of private insurance companies, and
any excess over that figure--which has never materialized and is unlikely to
occur in the future--would be taken from a fund which utilities would con-
tribute up to $5 million per licensed reactor or, with the present 92 li-
censed units, up to $460 million, bringing the liability coverage to a total
of $620 million." ACCESS TO ENERGY, May 1985 (Vol.12, no.9) Box 2298, Boulder
CO 80306
I share Nat Howard's loathing of government intervention in economic affairs,
but my study of the facts has led me to conclude that nuclear power has been
hamstrung rather than subsidized by the government.  The fact that some
libertarians are quick to rally to the popular anti-nuclear cause is one
of the things that makes me uneasy about the movement.
Bob Stubblefield  ihnp4!hound!rwsh

fagin@ucbvax.ARPA (Barry Steven Fagin) (06/05/85)

In article <558@cybvax0.UUCP> mrh@cybvax0.UUCP (Mike Huybensz) writes:
>In article <198@ttrdc.UUCP> mjk@ttrdc.UUCP (Mike Kelly) writes:
>> 
>>  >From: carnes@gargoyle.UChicago.UUCP (Richard Carnes)
>>  >Let us have [trumpets, please] the Libertarian Solution to the
>>  >problems of occupational risk.  And make sure it's a simple one.
>> 
>> If you die from toxic exposure at your job, you won't work for that guy
>> anymore.  Eventually he'll kill enough people to drive himself out of
>> business.  You gotta admit, it *is* simple....
>
>Isn't it strange then that people are still contracting black lung in
>coal mines and brown lung in cotton mills, as they have for centuries.
>
>Except that the incidence has gone down since OSHA regulations were
>enacted.
>-- 
>
>Mike Huybensz		...decvax!genrad!mit-eddie!cybvax0!mrh

Will someone out there who disagrees with the libertarian position on job
safety AND WHO HAS READ ONE OR MORE OF OUR POSTINGS addressing the issue
please discuss it, if you are so inclined?  The kind of strawman nonsense
shown above accomplishes nothing.

(My apologies if the postings haven't reached your site yet)

--Barry


-- 
Barry Fagin @ University of California, Berkeley