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On November 14, 2000, OSHA issued a comprehensive
workplace ergonomics standard. Scheduled to go into effect on January
16, 2001, the regulations purportedly addressed a reduction in musculoskeletal
disorders ("MSDs") caused by repetitive motion, force,
awkward posture, contact stress and vibration. The standard would
have required all general industry employers to notify workers of
the regulations and to begin receiving and responding to reports
of injuries and/or illnesses by October 14, 2001, at the latest.
Months before the standard was adopted, Lovell expressed its vehement
opposition. It’s not that we don’t endorse workplace ergonomics
programs. On the contrary – we’ve been promoting and implementing
effective ergonomics programs for and with our Group members for
years. We also support appropriate legislation for hazard control.
But, after careful review of the proposed standard, we came to the
conclusion that its language was obtuse, thereby potentially leading
to confusion and, worse yet, misinterpretation; the solutions required
in the standard would have been astronomically expensive to implement;
it offered minimal flexibility to employers and failed to establish
precise enforcement criteria; and the Work Restriction Protection
aspect empowered OSHA to designate a 90%/100% benefit structure
for workplace injuries, superseding state workers’ compensation
regulations and, in essence, rewarding injured workers for malingering.
On March 20, 2001, President George Bush signed a joint resolution
of Congress, acting under the authority of the Congressional Review
Act of 1996, disapproving OSHA’s ergonomics standard. Secretary
of Labor Elaine Chao joined with the President in emphasizing the
importance of addressing ergonomic issues and identifying areas
of common ground in seeking a comprehensive approach. To that end,
the Department of Labor has sponsored a series of ergonomics forums
in several major U.S. cities during Summer 2001, during which time
interested individuals and organizations were invited to make public
comments.
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