SPI Worker Health and Safety Newsletter

REGULATORY ALERT
OSHA Ergonomics Program Standard Disapproved by Joint Resolution of Congress - March 2001

Background:
Work-related musculoskeletal disorders (MSDs) currently account for one-third of all occupational injuries and illnesses reported to the Bureau of Labor Statistics (BLS) by employers every year. These disorders thus constitute the largest job-related injury and illness problem in the United States today. On November 23, 1999, OSHA published a proposed rule for an Ergonomics Program Standard. Following five public hearings, and more than 170,000 pages of comments and testimony, on November 14, 2000, OSHA promulgated an Ergonomics Program Standard to address the significant risk of employee exposure to ergonomic risk factors in jobs in general industry workplaces. [65 Fed. Reg. 68262 (Nov. 14, 2000]. OSHA believes that exposure to ergonomic risk factors - both on and off the job - may lead to musculoskeletal disorders (MSDs). The rule became final on January 16, 2001. Industry strongly opposed the rule, citing concerns for lack of sound science in developing the rule, conflicts with state worker compensation laws, and procedural and legal issues.

Issue.
On March 20, 2001, President George W. Bush signed a joint resolution of Congress disapproving OSHA's ergonomics standard. At the same time, he pledged to find a solution to ergonomic-related problems affecting the nation's workforce. As a result, the standard is no longer in effect, and employers and workers are not bound by its requirements.

What You Need to Know.
Secretary of Labor, Elaine L. Chao noted in a recent speech that although the number of ergonomics-related injuries continued to decline, musculoskeletal injuries accounted for nearly one-third of all the injuries seen in 1999. "This finding demonstrates the need for a solid, comprehensive approach to ergonomics. It also points to a need to address injuries before they occur, through prevention and compliance assistance, rather than just rely on reactionary methods. I am committed to joining with unions, employers, safety professionals and Congress to develop an effective strategy to further reduce these injuries. This is a serious problem. We are addressing it head-on, and we intend to find a solution that works." On March 22, Senator Breaux (D-LA) introduced legislation requiring OSHA to issue a new ergonomics rule within two years. Although the Congressional Review Act, that gave Congress the authority for the joint resolution of disapproval, does not permit reissue in substantially the same form, it does not forbid reissue as guidelines or other form of rulemaking.

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