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August 17, 2010
the mandatory unconstitutional emissions of the bulletproof bureaucratic superstructure
Back in the old days, our ancestors used to be awakened by the sounds of roosters crowing. Today's equivalent is the much more annoying construction/delivery/workplace vehicle backup alarm. Unlike roosters, though, the backup alarm noises do not settle down. All day long there's a relentless chorus of artificial BEEP! BEEP! BEEP! I find it grating to the senses and, yes, repugnant in a way that roosters, barking dogs, and even crying babies are not. That particular backup alarm noise is so annoying that it's a major reason so many people hate neighborhood construction projects. It is singled out as a noise issue at the many anti-noise sites. The City of San Francisco Department of Public Health notes that: relentless heavy truck backup beepers are a common occurrence in many residential areas of San Francisco due to the flood of remodeling and new constructionAnd points out that it's a post-Noise Ordinance noise: The San Francisco noise ordinance was written in 1972 and a wide variety of new specialized noise sources have come on the market since that time.Noise Free America has called on the federal government to do something about it: The Federal government is called upon to declare noise a dangerous form of pollution, a serious threat to health and safety, and a public menace. To this end, Noise Free America recommends the following:But that is specifically not allowed! The awful noises which torment so many people are mandated by the federal government in the form of OSHA regulations -- which stipulate that back-up alarms on construction equipment be "audible above the surrounding noise level." In other words, they ear-piercing beeps are intended to be annoying. You must be able to hear them above the normal noises associated with construction. Not just workers, but neighbors, who might be able to tune out the sort of "white noise" associated with construction vehicles. The dump trucks, backhoes, delivery trucks and cement mixers don't really bother me; it's the damn relentless, federally mandated beeping that does. When I rented an ordinary pickup truck last year in Berkeley, I was shocked to discover that it emitted that awful noise whenever I put in in reverse. I didn't want to be emitting that noise, and I found it highly disturbing. What I learned only today is the reason for it. OSHA regs activate fears of litigation and result in preemptive action. OSHA regs state that: (4) No employer shall use any motor vehicle equipment having an obstructed view to the rear unless:That's any motor vehicle used by an employer; not just construction vehicles. And because it's likely that any motor vehicle used by an employer might have an obstructed view at one time or another, the damned beeper alarms are installed in nearly anything. Even golf carts. Will wheelchairs be next? If I really wanted to get ridiculous I could go into my full-bore Constitutional Literalism mode, and ask what in the Constitution gives the federal government the power to require that noise pollution be inflicted on every last neighborhood in the United States regardless of what the citizens might think about it, but that would be so passe. So anarchistic. So instead of screaming for the five hundredth time about how they're violating the Constitution, I thought I would make an appeal to pragmatism, and cite this CATO paper, which concluded that OSHA is unnecessary. ..the pre-OSHA drop in the frequency of workplace fatalities from 1947 to 1970 was 70 percent larger than the post-OSHA drop from 1970 to 1993. OSHA might actually have slowed the downward trend in fatal injuries.Murders in the workplace? Hmmm... I wonder how many of them were caused by nervous stress as a result of being subjected to that awful federally mandated workplace noise day after day. As anyone who has been to the giant retail stores knows, the damned alarms are also required indoors, and they are so annoying that they are frequently disabled: Reverse alarms on powered industrial trucks are loud, annoying, and create workplace stress. After a day on the job with several vehicles in service, alarms create fatigue and even, perhaps, physical illness. That may be the reason a dealer says backup alarms are useless. He tells us that one out of three has been altered by the users and when they are repaired, the operator quickly disables them. Visual backup alarms are no better. Together, they add a level of stress that can make a work site an awful place to be.Brad Templeton calls them major noise pollution, and solicits opinions on alternatives: As such, as we all know, the sound is really piercing. And more to the point, it travels, often for miles. It's a major noise pollution anywhere near any work site. I presume part of the problem as well is workers wearing hearing protection need it even louder.This drew some great comments. This is a classic: It does not supprise me that you want to do away with safty features like the beeping on backing up vehicles. You simply do not care about morals, children, and society in general.Children? OSHA regulates the workplace, and these regs were not written for the protection of children. But I suppose that if screaming about The Children is mandatory in this discussion, it ought to be pointed out that children's ears are more sensitive than adults, and that they are more traumatized by these awful noises. You think I am making this up? Think again. OSHA-approved alarms are typically 97 decibels (they range from 87-107 decibels), and all noises above 85 decibels can damage hearing, with children's ears being more sensitive: All noise above 85 decibels will do damage to your ears. Many regular daily noises are above that range. If you experience damage, you may just kill a few hair cells at a time in your inner ear. Slowly, but surely, it will take greater sound levels to adequately stimulate the auditory nerve that leads to your brain. Permanent hearing loss can't be reversed by pills, hearing aids, therapy or surgery. Once you destroy too many hair cells, you are out of luck. I am trying to do everything in my power to save what hair cells I have left. I want to be able to hear my grand children without having to use a hearing aid. It may be too late. When I do seminars, I often have to cup my hand over my ear to amplify a person's voice. I think I have major problems.So while I'm not going to SHOUT about it, I'm inclined to agree with this commenter: A CONSTRUCTION SITE HAS OPENED NEXT TO MY RESIDENCE, AND AT ANY GIVEN TIME THERE CAN BE 5 TRUCKS BEEPING AT 1 TIME.The post really hit a nerve, as other commenters describe what it's like to live in what one calls "backup beeper hell." Another commenter likened the noise to torture, and concluded with a threat: I've been woken up this morning, as I do every day, by a cacophony of alarms mainly from construction vehicles. There's a major development about 400 yards away and I happen to live in an area where every other resident is continually engaged in some kind of (usually hideous) 'home improvement'. It's incredible; first off are the vehicles performing 40-point reverse turns, so you get groups of about 8 beeps again, and again, and again. Each group of beeps has a distinctive pattern, the first beep being longer than the others; this has an effect similar to chinese water torture. Then there are the idiots who are trying to reverse down the residential streets, and all the other machines. It's like listening to some kind of nightmarish orchestral arrangement for beepers.Another commenter said that the legislature belonged in hell: I agree. There is a hot spot in hell waiting for the "well meaning" legislature that came up with the back up beep. It's a classic example of solving a problem with a much worse one.While he's basically right, he is wrong in the sense that no legislature actually sat and voted to mandate the infliction of these noises. The beeper mandates took the form of regulations which were written by nameless, anonymous, unelected bureaucrats. Possibly one little petty tyrant, who got a thrill knowing that the words he wrote would torment millions of Americans to near madness. The fact that there are no identifiable congressmen to blame is no accident. Congress likes it that way. As to the Constitution, bring that up and they just roll their eyes. Hell, it wouldn't surprise me if they just told me to get over myself and face the fact that we are ruled by a bureaucratic superstructure that none of us (least of all members of Congress) can do anything about. Well, at least FDR (though he's not often thought of as a Constitution lover) had reservations about the system that was to come: Based on one study, Roosevelt commented that the practice of creating administrative agencies with the authority to perform both legislative and judicial work "threatens to develop a fourth branch of government for which there is no sanction in the Constitution."I think that calling it a mere fourth "branch" of government understates the problem, because in practice, today's superstructure is more powerful than the other branches. To illustrate how utterly bulletproof and undemocratic this superstructure is, imagine if you tried to actually stop the beeper noises in your own neighborhood. You would hear the same vast chorus echoed by everyone -- from the vehicle operator, to the foreman, to the builder, to the building inspector, to the zoning department, and yes, even the city's noise ordinance enforcers -- along the following lines: "BUT THIS IS AN OSHA REGULATION! THERE IS NOTHING WE CAN DO!" The worst thing about it is that they'd be right. Because these federal regulations are written by the nameless, faceless bureaucrats who enforce them, there is no one specifically to blame. That awful beeping sound is a daily reminder of who actually rules. posted by Eric on 08.17.10 at 11:32 AM
Comments
Oh, it's worse than that. Those assorted beeps and safety alarms actually increase the likelihood of accident by creating a false sense of security. The person driving the beeping vehicle thinks everyone can tell it's in reverse because of that beeping beep, but forgets that there are a bunch of beeping vehicles beeping out there and the poor beeping sod walking by is so overloaded with beeping noise he has no idea where the beeping beep is beeping from - and gets hit by the beeping vehicle. Proof positive that beeping damages situational awareness. Kate · August 17, 2010 02:21 PM Bureaucracy is the greatest evil ever invented by man. There are heartless, merciless, cold-blooded torturers who act for their own pleasure and amusement but they are pikers compared to what bureaucrats can do. Hundreds, thousands of well-meaning individuals doing their small part with a watchful eye on their own advancement but without concern to the impact of the whole doing their duty. Each providing a small part but none responsible for the consequences of the sum. The Holocaust was the combined result of bureaucrats, Stalin's pogroms were facilitated by bureaucrats, the killing fields were sown by bureaucrats and the slaves were returned to their owners by bureaucrats. Foolishly people still view cops as "law enforcement" which they do do to some extent but more and more these days they are simply bureaucrats with badges. Long ago I read On Wings of Eagles by Ken Follet. The true story of Ross Perot's efforts to rescue his executives from the hands of the Iranians in the midst of the Iranian Revolution. What I was struck by was that the executives were held hostage over the work EDS had done for the government not by the radicals. But in the midst of what was a dramatic change of government in Iran, these men remained held by the bureaucrats. They were freed only because the radicals breached the prison freeing everyone relieving the rescue team of that task. The bureaucracy never faltered during the change over, they just realigned their reporting structure. They held sway over the whole country as these men made their escape even into the hinterlands. The only way to survive the bureaucrats is get them to fight amongst themselves but you must be careful. Even in the hearing safety section of OSHA was to rule the beepers must be quieter, the vehicle safety section would still mandate loud beepers and we hapless citizens would pay one or the other for our erroneous compliance. JKB · August 17, 2010 05:08 PM Possibly one little petty tyrant, who got a thrill knowing that the words he wrote would torment millions of Americans to near madness. A relative of mine is a big-city councilman (though that's not what they're called there). On any issue, absent a payoff, that's approximately how he decides which way his vote goes. If there'll be a material result he'll be able to point to and say "I did that," he's for it. Being out on the town with him is all about watching him stroll around proudly pointing at the debris of his authority: NO SMOKING signs at bus stops, clutter on fast-food menus, ______-free zones around everything, massive empty bike racks on buses, dead gardens in medians, billion-dollar trains zinging back and forth between places no one goes, etc. Those piercing beeps are a display, not a safety measure. guy on internet · August 17, 2010 06:18 PM "Green acres is the life for me..."♫ Run away from the bureaucrats!! Yeah, don't we all wish. The only chance is to somehow get those folks to eat one another...or finally figure out someway to end their reign of terror... flicka47 · August 17, 2010 06:27 PM I have a notch filter on my backyard bird microphone to deal with backup beepers. They disappear from the spectrum. rhhardin · August 17, 2010 07:05 PM In all my 25 years in construction(non union)I have never driven a vehicle with a back up beeper, and I was a safety super for about half the those years while still active out in the field, Union B.S. maybe? Osha never mandated beepers for any of my shops trucks ,Forklifts or anything else, just my 2c, Bobnormal · August 17, 2010 09:09 PM When there are several sources of beepers around you, you quickly tune them out so you can concentrate on what you are doing. I think they're counterproductive both for the above (drivers may rely on them too much), and because they remove your alertness to the very hazard they are to warn you of due to their incessant clamor. Charlie · August 17, 2010 09:41 PM Parking garage exits now have warning beepers and buzzers. And of course they are painfully, dangerously loud. pst314 · August 19, 2010 11:16 AM Hi, Obviously the same wretched noise problems in the US as the UK. Fortunately many of the good companies here are switching to �white sound� backup alarms; you can be living the other side of the street from a major construction project and you won�t hear these alarms ... unless of course you decide to walk over somewhere behind the truck .. then you hear them. They make a SHH ... SHH sound and are reckoned to be much safer since when you do hear them you know there is something backing at you. You seem to have them in the US, found a USACE Safetygram at; http://www.nonoise.org/resource/construc/safetygram.pdf Nelson Nelson · August 23, 2010 10:59 AM Post a comment
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Our elected "representatives" did not want the onus of doing unpopular things so they handed over the job to bureaucrats to do it.
I think this whole stinkin mess will come crashing down in time. When it does the trees will be busy. Unless there is a law against putting toxic waste in trees.