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About Northwest labor press. (Portland , Ore.) 1987-current | View Entire Issue (April 16, 2010)
April 16, 2010:NWLP 4/13/10 10:04 AM Page 2 Ergonomic regulation reform put on the back burner By DON McINTOSH Associate Editor It’s been nine years since a Repub- lican-majority Congress stepped in to overturn brand-new workplace er- gonomic regulations issued by the Oc- cupational Safety and Health Admin- istration (OSHA). One year into a Democratic White House and Demo- cratic-majority Congress, there’s no appetite in Congress for reinstating those regulations. Ergonomics, the science of fitting work to the worker, is about maximiz- ing productivity and minimizing in- jury. In practice, it means introducing tools, equipment, and training to pre- vent workplace injuries caused by repetitive motion and overexertion. Er- gonomics injuries, more properly called musculoskeletal disorders — in- clude sprains and strains from heavy lifting, and carpal tunnel and tendinitis from repetitive motion. Taken together, they make up the biggest single cate- gory in workers’ compensation cases, both in frequency and dollar amount of claims. In the 1990s, the labor movement pushed hard to get OSHA to use its rule-making authority to require that employers address ergonomic hazards. OSHA is the agency that enforces the Occupational Safety and Health Act. The act requires employers to provide PAGE 2 a workplace “free from recognized hazards that are likely to cause death or serious physical harm.” As part of its enforcement of the law, OSHA sets safety and health standards for differ- ent kinds of workplaces, like allowable levels of exposure to lead and arsenic, or requirements for personal protective equipment. Led by the appointees of President Bill Clinton, OSHA developed similar rules for ergonomics. But business groups fought fiercely against the in- troduction of those rules, and from 1994 on, the Republican-led Congress attached “riders” to annual appropria- tions bills, specifically forbidding OSHA from releasing ergonomics reg- ulations. OSHA finally had an oppor- tunity to institute such a regulation just as Clinton was leaving office. The regulation would have required employers to implement an ergonom- ics program if they had musculoskele- tal injuries in a workplace. That would include looking at injury rates and evaluating jobs for risk factors, and then mitigating risks with equipment and training. It would also include pro- cedures to identify medical conditions early on, before they become serious. Employees would have to be involved in the workplace response, and have access to training. Finally, the most controversial part of the regulation: In addition to paying medical costs and lost wages, employers would have to pay injured workers wages until they could get back to their regular jobs. Business groups, including the U.S. Chamber of Commerce, lobbied Con- gress heavily to oppose the regulation, and in March 2001, Congress voted to repeal the ergonomics standard and prevent OSHA from issuing a new NORTHWEST LABOR PRESS one. It was the first time since the 1971 passage of the Occupational Safety and Health Act that Congress had inter- vened to strike down a regulation ap- plying the law. The vote was largely along party lines, except that six Senate Democrats and 16 House Democrats joined Republicans in striking down the law, while 13 House Republicans bucked their party and voted to uphold the regulation. The AFL-CIO de- nounced the repeal, citing it as evi- dence that the Republican White House and Congress were fundamen- tally anti-worker. Safety and health standards overall declined during the years of the Bush Administration, says AFL-CIO Safety and Health Director Peg Seminario. “It wasn’t just that [OSHA] didn’t act,” Seminario said. “Employers turned away from making investments in safety. Much of the progress that was made on ergonomics as a result of strong enforcement actions in meat- packing, poultry and the auto industry eroded.” “But when the dust settled over the giant political controversy, people went back to what is the logical thing to do,” said Steven Hecker, senior lecturer of environmental and occupational health sciences at the University of Washing- ton School of Public Health. OSHA made voluntary guidelines available about ergonomic best practices in five specific industries. And some busi- nesses voluntarily implemented im- proved ergonomics practices, Hecker said. “Many industries have recognized you can reduce workers’ comp costs and improve productivity by dealing with poorly designed work stations and assembly lines,” Hecker said. States also acted. California OSHA (Turn to Page 6) (International Standard Serial Number 0894-444X) Established in 1900 at Portland, Oregon as a voice of the labor movement. 4275 NE Halsey St., P.O. Box 13150, Portland, Ore. 97213 Telephone: (503) 288-3311 Fax Number: (503) 288-3320 Editor: Michael Gutwig Staff: Don McIntosh, Cheri Rice Published on a semi-monthly basis on the first and third Fridays of each month by the Oregon Labor Press Publishing Co. Inc., a non- profit corporation owned by 20 unions and councils including the Oregon AFL-CIO. Serving more than 120 union organizations in Ore- gon and SW Washington. Subscriptions $13.75 per year for union members. Group rates available to trade union organizations. PERIODICALS POSTAGE PAID AT PORTLAND, OREGON. CHANGE OF ADDRESS NOTICE: Three weeks are required for a change of address. When ordering a change, please give your old and new addresses and the name and number of your local union. POSTMASTER: Send address changes to NORTHWEST LABOR PRESS, P.O. BOX 13150-0150, PORTLAND, OR 97213 APRIL 16, 2010
