LANSING - House Bill 5064, a measure which would increase the number of portable toilets on construction sites - and require the nearby placement of hand sanitizers or washing stations - has been stopped up in the Michigan House.

The reason: "We just didn't have the votes," said House Majority Floor Leader Steve Tobocman (D-Detroit) on June 17. "In order for this bill to pass we're still about two dozen votes short on the Democratic side, and right now we don't have any Republicans who will vote for it." The bill was "postponed temporarily" on June 11 following a motion by Tobocman, and that was its status at our press time.

House Bill 5064 - Sanitary Facilities on Construction Sites - would increase the quantity and quality of toilet facilities on construction sites. The bill would increase the number of toilets to one for every 10 workers. Current state regulations call for a minimum requirement of one toilet for a jobsite with 1-20 workers, two toilets for sites with 21-40 workers, and an additional toilet for each 40 workers after that. A higher ratio of toilets increases accessibility and means they're likely to remain cleaner, longer.

State workplace regulations for hand-washing stations on construction sites are currently limited to requiring their use for employees engaged in the application of potentially harmful contaminants like herbicides, or insecticides or coatings. If an alcohol-based hand sanitizing solution or hand-washing station is present on a Michigan construction site, it's only there because of the goodwill of the employers or due to a very rare collective bargaining clause.

For contractors, the economic impact of HB 5064 is relatively slight. According the Michigan House legislative analysis on the bill, the typical monthly rental cost for a standard portable toilet runs between $85-$95. Sink stations are about $185 a month, hand sanitizers, $100. On the high end, a 16-foot restroom trailer costs about $1,250 a month.

Some employers used economic considerations to argue against the bill, but that doesn't appear to be the main consideration for it being stalled. "I think we (state House Democrats) have moved forward a number of measures the business community doesn't like," Tobocman said. "There have been a number of bills where employers are on one side and labor is on the other, and this one may have been caught up in that."

The bill's sponsor is state Rep. Mark Meadows (D-East Lansing), who built property Up North last year and realized that construction workers had nowhere to relieve themselves, except in the woods. A subcommittee vote to improve the portable toilet situation was adopted along party lines, with majority Democrats in favor and minority Republicans opposed.

Last month, Meadows expressed confidence that the measure would pass the Democratic-controlled House, but the climate changed. A full House vote on the measure needs 56 "yes" votes to win passage in the 110-member body, but drew 58 "no" votes in the final vote this month. A number of lawmakers ran for cover by not voting on the new rule. Meadows and Tobocman said editorials in Detroit-based publications pressured some lawmakers to stop legislation like HB 5064, which were deemed anti-business.

"It was characterized as a jobs killer," Meadows said. "Some of the homebuilders said they wouldn't support lawmakers who supported this law. And some Republicans said they were against this rule because it didn't follow the regulatory process, which is baloney because you never hear anyone on that side of the aisle who ever say that government regulation is a good thing."

Both Meadows and Tobocman said calls, letters and e-mails to state lawmakers are needed if HB 5064 is going to move. "That kind of pressure is certainly going to be helpful," Meadows said.

Added Tobocman: "It's difficult if you can't get a single Republican vote," Tobocman said. "You certainly should ask your members to contact their representative. If this is going to pass, we really need them to work on the Republican members."

And there are no shortage of Democratic lawmakers who also need to hear from their constituents.

It's your move…

Legislation to improve sanitary conditions on Michigan construction sites simply isn't going to move without pressure from the state's construction workers.

Before House Bill 5064 fades into obscurity, it's time to act. Our readers need to contact their legislators - now.

The first hurdle is in the Michigan House, where the bill does not have enough votes. If you have Internet access, log on to www.house.mi.gov/

Click on the "Representatives" tab in the upper left corner. If you know who your state representative is, you can look at the list and immediately send him or her an e-mail expressing your support for House Bill 5064 - and make sure you mention that bill number. Even if your state representative is a Democrat, don't assume that he or she is supportive of, or even aware of the bill. That site also has phone numbers for state representatives.

You don't have Internet access? Ask a neighbor or a nephew who does to look up your representative's phone number or address for you. Or call your city or township clerk's office and get the name, phone number and address of your state representative and senator.

If House Bill 5064 does clear the House of Representatives, it will go to the Michigan Senate, which will be a tougher hurdle because it has a Republican majority.

Still, it's never to early to let them know you think this bill is important.

Click on www.senate.michigan.gov/ then click on "Find Your Senator." There are several links to contact your lawmaker.