Green Bay Reporter

Representative Mike Gallagher (R-WI) and Senators J.D. Vance (R-OH) and Tammy Baldwin (D-WI) sent a letter to the U.S. Consumer Product Safety Commission's Chairman over the proposed safety standards for portable generators outlined in the commission's Supplemental Notice of Proposed Rulemaking. In the letter, the members expressed concerns that burdensome regulations within this rule could have a negative impact on the production and availability of engine-driven portable welders, a tool that many Northeast Wisconsin welders rely on to do their jobs. 

In part, the members wrote, "Finalizing this rule in its current form will not only have a detrimental effect on manufacturers of these products and their suppliers, but also negatively impact the welders who rely on this equipment. Ensuring the safety of welders is paramount, but these proposed regulations miss the mark and unnecessarily subject these industrial products to consumer regulations.

"What they're saying: 

"Engine-driven portable welders are a necessary tool for many of the job sites that our members work on. Not having access to such tools may prohibit us from getting certain jobs done in a timely manner. Local 400 members are highly skilled tradespeople that practice safety and professionalism on the jobsite. We have over 100 signatory contractors that employ our membership of over 2,400 individuals to complete jobs at healthcare facilities, schools, power, energy and renewable natural gas plants, pipe and equipment fabrication shops, and shipbuilding yards. These industries are vital to our economy. Subjecting critical tools such as portable welders to unnecessary regulations would limit our members’ capabilities to be productive on projects that help sustain our communities," said Dustin Delsman, Business Agent of Local 400. 

See the full letter HERE or read full text below.

Dear Chairman Hoehn-Saric,

We write to share comments on the Consumer Product Safety Commission’s (CPSC) Supplemental Notice of Proposed Rulemaking (SNPR) that proposes new safety standards for portable generators. Specifically, we have concerns regarding the negative implications this rule will have on the production and availability of engine-driven portable welders.

The Commission’s SNPR requires that the calculated weighted carbon monoxide (CO) emission rate of the generator not exceed 150 g/h and that the generator include a CO monitor and shutoff mechanism. Unlike a 2016 SNPR, this rule does not explicitly exempt “generators that are part of welding machines” from the category of “portable generators” and for the first time would subject these industrial products to CPSC oversight.

Engine-driven portable welders are a vital piece of equipment for construction workers across the country. These welders are not consumer products, but rather industrial machinery used on construction sites. There are several benefits to the use of engine-driven portable welders, especially for use in areas where electric power is not readily available or where high-voltage electrical cables at job sites pose a potential hazard. Given the use of engine-driven portable welders in the presence of welding fumes and other emissions in the harsh environments of construction sites, the SNPR’s requirement for automatic shutoff when CO emissions reach a certain threshold could potentially render these machines unusable. The CPSC’s evaluation of these devices has been limited to conventional portable generators and the CPSC has not demonstrated that these monitors will work properly on engine-driven portable welders or will improve the safety of those who operate welding equipment.

While the CPSC plays an important role in keeping consumers safe, this latest SNPR is overly broad in its application to engine-driven portable welders, which are industrial machines and are not for the personal use, consumption, or enjoyment of a consumer. The SNPR references a report from June 2022 as justification for its rulemaking on portable generators which states that from 2011-2021, there were 770 deaths due to CO exposure from portable generators. However, in the same time period, there were only 8 total deaths from CO exposure associated with welders – six from a welder used as a generator and two from a welder being used as a welder – and each incident involved misuse of the product or other contributing factors unrelated to the product itself.

Engine-driven portable welders differ significantly from other portable generators and, as such, present different safety and product design considerations. The SNPR’s requirements do not account for these unique considerations and threaten the integrity of products manufactured throughout Wisconsin and Ohio. The failure to account for these distinct characteristics could result in the direct loss of jobs and the loss of product classes that are important in the welding and construction industries.

Therefore, we urge the CPSC to maintain the existing exemption of engine-driven portable welders from CPSC safety standards for portable generators. Finalizing this rule in its current form will not only have a detrimental effect on manufacturers of these products and their suppliers, but also negatively impact the welders who rely on this equipment. Ensuring the safety of welders is paramount, but these proposed regulations miss the mark and unnecessarily subject these industrial products to consumer regulations.

Thank you for your timely consideration of this request.

Sincerely,

Issues: Congress

Original source can be found here.