July 16, 2004—The American Society of Safety Engineers is pleased President George Bush signed the ‘Standards Development Organization Advancement Act of 2003’, HR 1086, passed by Congress last month.
As a standards development organization (SDO), ASSE supports the bill because it allows developers to more effectively write standards based on good science and sound technology. Currently ASSE is the secretariat for a number of American National Standards Institute (ANSI) committees and projects which include: the A10 Safety Requirements for Construction and Demolition Operations group of standards, the A1264 Protection of Floor and Wall Openings standard, the Z15 Motor Vehicle Fleet Safety standard, the Z117 Confined Spaces standard, the Z244 Lockout/Tagout standard, the Z359 Fall Protection standard, the Z390 Competence and Certification in the Safety Profession standard, and the Z690 project on protecting workers dealing with mold.
The bill was introduced in 2003 and signed into law by President Bush on June 22, 2004. HR 1086/S 1799 encourages the development and promulgation of voluntary consensus standards by providing relief under the antitrust laws to SDOs with respect to conduct engaged in for the purpose of developing voluntary consensus standards, and for other purposes. Sponsored by Rep. James F. Sensenbrenner, Jr. (WI), the House suspended the rules and agreed to a Senate (conference committee) amendment by voice vote.
The ‘Standards Development Organization Advancement Act of 2003’ amends the National Cooperative Research and Production Act of 1993 to provide that the conduct of an SDO while engaged in a standards development activity shall be subject to a rule of reason standard in any action under the antitrust laws. Under the bill “standards development activity” is defined as an action for the purpose of developing, promulgating, revising, interpreting, or maintaining a voluntary consensus standard, or using such standard in conformity assessment activities, including actions related to the intellectual property policies of the SDO.
The bill excludes as such an activity: (1) exchanging information among competitors relating to cost, sales, profitability, prices, marketing, or distribution of any product, process, or service that is not reasonably required for the purpose of developing or promulgating a voluntary consensus standard; (2) entering into any agreement or engaging in any other conduct that would allocate a market with a competitor; and (3) entering into any agreement or conspiracy that would set or restrain prices of any good or service.
