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Laws & Regulations Impacting The Welding Industry
From 1945-2005

“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, whose own love of the law became the passion of philosophers and playwrights, 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 sixty 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.”

W&GT looks at some of these signposts developed over the course of GAWDA's history.

      1945 
  • September 17, 1945 - Founding of GAWDA
      1948 
  • Miller Amendment affirms that the federal Food, Drug and Cosmetic Act applies to regulated goods transported from one state to another that have reached the consumer.
      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; takes over FDA program for setting pesticide tolerances.
      1971 
  • OSHA standards provide baseline for safety and health protection in workplaces.
  • DOT revises method for marking cylinders.
      1972 
  • OSHA Training Institute established to instruct OSHA inspectors and the public.
      1973 
  • U.S. Supreme Court upholds 1962 drug effectiveness law and endorses FDA action to control entire classes of products by regulations rather than relying only on time-consuming litigation.
      1974 
  • Health and Safety at Work Act places responsibility on manufacturers and suppliers to provide information on health risks of products they supply.
      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.
      1980 
  • Medical and Exposure Records Standard permits worker and OSHA access to employer-maintained medical and toxic exposure records.
  • Supreme Court leaves OSHA's benzene standard, establishing that OSHA must address and reduce significant risks to workers.
      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.
  • FDA forms an agency of the Department of Health and Human Services with a Commissioner appointed by the President and approved by the Senate, and establishes responsibilities for research, enforcement, education and information.
      1989 
  • FDA revises its non-legally bound Compressed Medical Gases Guideline.
      1990 
  • Safe Medical Devices Act requires medical facilities to report to FDA incidents that suggest that a medical device probably caused or contributed to the death, serious illness or serious injury of a patient. Manufacturers are required to conduct post-market surveillance on permanently implanted devices whose failure might cause serious harm or death, and to establish methods for tracing and locating patients depending on such devices. FDA authorized to order device product recalls.
      1992 
  • Intermodal Safe Container Transportation Act ensures that no trucks hauling containers on U.S. highways are overweight.
  • 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.
  • Process Safety Management of Highly Hazardous Chemicals Standard reduces fire and explosion risks, preventing more than 250 workplace deaths and 1,500 injuries each year.
      1994 
  • OSHA requires employers to pay for personal protective equipment.
  • GoCad, OSHA's “expert advisor” software, assists employers to comply with Cadmium Standard.
  • 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.
  • HCS requires employers to transmit information on the hazards of chemicals to their employees by means of labels on containers, MSDS and training programs.
      1995 
  • The “Common Sense” regulation and “Results, Not Red Tape” change OSHA's operating program from command and control to one that provides the employer a choice between a partnership and a traditional enforcement relationship.
      1997 
  • Hazard Communication Standard enacted for electronic transmittal of MSDS.
      1998 
  • OSHA Strategic Partnership Program launched to improve workplace safety and health through national and local cooperative, voluntary agreements.
      1999 
  • The Motor Carrier Safety Improvement Act establishes the Federal Motor Carrier Safety Administration.
  • Site-Specific Targeting program focuses OSHA resources where most needed—on individual worksites with the highest injury and illness rates.
      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.
  • The Control of Substances Hazardous to Health Regulations requires employers to control exposure to hazardous substances.
  • Homeland Security Act establishes the Department of Homeland Security, which, on March 1, 2003, 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.

GAWDA at 60
This article is the second in a four-part series covering events in the history of the Gases and Welding Distributors Association, founded on September 17, 1945. Part 1, “Living Legends,” is the story of the association's leadership and the skills required to grow the association and meet the demands of the industry, as told by 31 Past Presidents. You can read Part 1 by clicking here.


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Welding & Gases Today • Spring 2005 • Volume 4, No. 2 • Entire contents are Copyright © Data Key Communications, Inc. • All rights reserved. • Nothing may be reproduced in whole or part without written permission of the publisher.