Tag: hypocrisy

Revisiting Court Decisions

In 2008, Miami-Dade enacted Ordinance 08-34 requiring cranes be able to withstand load from 140 mph winds. Construction companies objected — they’d need to spend more money ensuring public safety, and really how often are 140 mph winds ripping through Miami? Courts deemed the local regulation to cover worker safety and not public safety; the OSHA requirement, which is something like 90 mph, superseded the local government’s Ordinance (I think the 11th Circuit decision actually said it was a multi-purpose regulation … but since the requirement touched on workplace safety, OSHA wins). I wonder, as cranes come crashing into buildings in downtown Miami, if the court would revisit that decision.

I worked for a company that operated each regional area as an independent entity. Each had their own set of rules, regulations, processes … they just shared a common HR staff and all of the money rolled up to the same ledger. Their “sell” to this approach was that it allowed different regions with different requirements to make rules that met their customer’s needs. The unfortunate example that got cited, though, was a military base out in Virginia. *That* region had a policy where, upon being deployed overseas, a military family could have their account flagged as forward deployed. The the account would not be suspended for non-payment and no collections attempts would be made. Which is nice – but why weren’t military bases in other regions afforded the same courtesy? Or customers stationed at the base in Virginia who happened to retain their cell phone from their family’s home in Kansas? Essentially, I could never understand what about cellular service could need to be customized for a specific region where it was a completely unreasonable policy in other regions. There are areas where a single nation-wide regulation makes sense.

Construction regulations, on the other hand, seem very location specific. And a area where a nationwide minimum standard would be far more reasonable. I doubt there’s a lot of concern about coastal flooding in Denver. Snow load regulations for equipment in South Texas is silly, but I wouldn’t want to sleep next door to a crane in NYC that didn’t fall under some snow load reg. Builders in Maine don’t need to worry too much about tornado damage, but construction sites between OKC and Tulsa can reasonably be required to lash down their materials at the end of each day to avoid debris being flung all over the countryside. And, yeah, cities in Southern Florida can reasonably want large pieces of equipment to have higher wind load ratings than a crane in Seattle.

Furthermore — why is it “states rights” people only support the state’s rights to be *more* Republican? Why should Cali need a waiver to have stricter air quality and fuel efficiency rules? Why should Miami be unable to have higher standards for wind force? It isn’t like Washington needed a waiver to set their minimum wage above the federal set-point.