b"EMPLOYER RESPONSIBILffiES AND RIGHTSwriting orthe hearings. at CONTINUED FROM PAGE6Be assured of the confidentiality of any trade secrets observed by an OSHA compliance asking a question. You can get specific answersofficer during an inspection. to your needs and take the guess work out ofSubmit a written request to NIOSH for infor setting up a job site safely.mation on whether any substance in your work Be active in your industry association's in place has potentially toxic effects in the concenvolvement in job safety and health. That'strations being used. MRCA, NRCAResponsibilities certainly outweigh rights, but and your local association! This right says that just because you belong to an as you do have rights, and it is important that you sociation that is sometimes against OSHA, youknow your rights under the act. The key to sucwon't be penalized.cess when dealing with OSHA is to understand Request and receive proper identification ofthe intent ofThat doesn't necesthe regulations. the OSHA compliance officer prior to inspection.sarily mean you can do things your own way, but Be advised by the compliance officer of theno one knows better than you the dangers and reason for an inspection.hazards associated with your business. Have an opening and closing conferenceNext Month:Voluntary Compliance Programs with the compliance officer. Accompany the compliance officer on the inspection. File a Notice of Contest with the OSHATHE CONTRACT IN CONTRACTOR area director within 15 working days of receipt ofCONTINUED FROM PAGE4 a notice of citation and proposed penalty. for Apply to OSHAa temporary varianceterms in the written contract. from a standard ifto comply because ofIfo have your bid proposal unableyou are not able tthe unavailability of materials, equipment or per form become the signed written contract for sonnel needed to make necessary changesthe job, there is an acceptable middle ground within the required time.much preferable to signing the general's subApply to OSHA forcontract form. For many years, the AIA has ha(( a permanent variance from a standard if you can furnish proof that youra suggested form of subcontract, the current facilities or method of operation provide em version ofis entitled AIA Document which ployee protection at least as effective as that re A401Standard Form of Agreement Between quired by the standard.Contractor and Subcontractor 1987 Edition. Take an active role in developing safety andWhile this is in most respects is a fairly worded health standards through participation in OSHAdocument from everyone's standpoint, its use Standard Advisory Committees, through nation is somewhat limited. This is because the Assoally recognized standards-setting organizationsciated General Contractors ofCAGC) America and through evidence and views presented inhas its own form of subcontract that generals prefer to use over the AIA form. Last year, following more than two years of negotiations, a new form of subcontract was developed through the joint efforts ofAGC, the Amerithe can Subcontractors Association C , and ASA)Associated Specialty Contractors CASC). This new form has been identified as AGC//Standard Form Construction ASA ASC Subcontract - AGC Document 640/No. ASA t4100/ ASC Form No. 52 1994. AfterhorI I oughly reviewing this document, it is MRCA's recommendation to its members that they seek to have this new form of subcontract be utilized Ion those jobs where the member's bid pro at posal form will not become the written contract. To accomplish this, it is suggested thyou include the following clause in your bid proposal form: MROctober 95CONTINUED ON NEXT PAGE"