OLD ORCHARD BEACH – I don’t think anyone wants to return to the days of polluted rivers and air not fit to breathe.

We are being asked, however, to consider whether our current regulatory climate is a major stumbling block to business development in the state.

While not all regulations are good, they are not all bad either. Government should have a role in making sure that the health and safety of the population is safeguarded. But don’t we as citizens also have a role to play?

Over the past 40 years, we have made great strides in developing policies in the state of Maine that have made us leaders in environmental protection. The Maine Lung Association led a 40-year battle to eliminate smoking from our public places.

At the time these regulations were being proposed, the hue and cry was that no one would frequent our bars and restaurants, opting instead to go where they could smoke.

I don’t think our tourism industry and business climate is less desirable because of this policy.

Effective change cannot occur, however, without the involvement and ultimately the support of the regulated community.

In the early 1990s, the federal Occupational Safety and Health Administration tried an innovative approach to regulation called the Maine Top 200 program.

The 200 firms with the most injuries were targeted for a special program. If those firms established their own safety programs and sought to eliminate hazards in the workplace, OSHA gave them a pass on regular inspections.

During the years this pilot program was in place, more hazards were eliminated from the workplace than in the prior periods without resorting to the penalties and inspections that marked the normal approach for OSHA.

We all can recount anecdotal situations where regulations were established that actually did more harm than good. We need to separate out the enforcement from the regulations.

Was it the enforcement that made no sense or was it the base regulation? When government establishes policies that have the support of the community and then enforces these regulations fairly, it creates a level playing field.

An example of this is the new statewide building code, which represents a joint effort of the public and private sector to set minimum standards of practice for the construction industry.

The question is, is this a reasonable approach for government, or should we continue to look to the private sector alone to build structurally sound, energy-efficient, quality buildings for Maine citizens to live, work and learn in?

History tells us that there are many professionals — architects, engineers, contractors, facility owners — who work very hard to do the right thing, professionals who every day go beyond minimum available standards and ethics.

History also tells us, however, that there are individuals who take advantage of the lack of regulation, taking the public’s money in return for inferior and potentially hazardous — unsafe, unhealthy, inefficient — products.

So how do you strike a balance? Isn’t it the responsibility of the public sector (i.e. setting a minimum standard and enforcing it to protect the health and safety of the public), while still providing the private sector with the responsibility of rising beyond that?

We will not succeed in making Maine the place we all want to live without concerted efforts by both government and the private sector.

I take great pride in being a member of several professional organizations and societies, each of which encourage their professional membership to “do the right thing.”

Much credit should be given to these groups, (such as the Maine Indoor Air Quality Council, the Maine Lung Association, the American Institute of Architects and the American Society for Heating Refrigeration and Air Conditioning Engineers, to name a few) each of whom provides support and training to their professional members.

While protecting the public health is an important role for government, the involvement of the private sector is critical to its success.

Let’s review our regulations with an eye to building on the success we have experienced in making both our health and our industries better. 

– Special to The Press Herald