When OSHA levied a fine on BT&S Crane and Erection in 1976 — the fine was $140,000 for failure to require 70 ironworkers to wear safety tag lines while working twenty feet above an unprotected area on the Peachtree Plaza 70 story hotel in Atlanta — I, of course had held classes advising of the statute to the ironworkers and possessed a bill of sale for the devices. The arresting officer would hear no protest. I said fine I’ll see you in court.

My argument was, the OSHA statute was discriminatory against employers, and relieved all responsibility of the employee to conform to a prescribed legal statute. This experience found me drained physically and mentally. OSHA was signed into law by President Nixon Dec. 29, 1970. Lawyers were ill-equipped to represent litigants with so few cases on the books for review.

I represented BT&S Company as its president and now its advocate. I prevailed and Congress changed the law to hold the individual responsible for personal violations, with knowledge of the law.

I am very dismayed that OSHA still persists in making un-warranted cases, like the Belza Brothers labor provider to local farmers. Where OSHA is wrong headed is so obvious: How many of Belza Brothers workers died June 21 of heat related conditions? Belza Brothers was not required to know the physical condition of Miguel Chavez. Miguel being an experienced farm worker was advised by contract displayed by law at the workplace that the work required heavy lifting of the boxes of tomatoes and certainly he would know that he must use common sense when working in extreme heat. I personally have knowledge of laws posted on transport busses and posting of the laws at packing sheds, describing working requirements of federal OSHA regulations and laws pertaining to field labor.

Only Miguel Chavez could decide if he was up to the required working conditions this 21st day of June.

Tom Rogers

Moultrie