April 2002

Workplace Guidelines to Be Voluntary

Washington, D.C. - As part of a new U.S. Labor Department policy, businesses will be encouraged - but not forced - to make workplace changes aimed at reducing repetitive-stress injuries, the Occupational Safety and Health Administration announced on April 5.

Labor unions had pushed to restore tougher Clinton-era regulations that Congress, then controlled by Republicans, repealed last year after a bitter legislative battle. Industry and business groups lobbied against the regulations, arguing that there was not enough evidence to justify government-imposed rules.

Randy Johnson, U.S. Chamber of Commerce vice president for labor policy, said he believed: "The Bush administration has rightfully put science ahead of politics" by pursuing a voluntary approach.

Many Democrats and labor unions disagreed with the decision. "If corporate CEOs were experiencing these injuries instead of secretaries and cashiers, we would see a very different policy coming out of this administration," said Sen. Edward M. Kennedy, D-Mass., chairman of the Senate Health, Education, Labor and Pensions Committee.

Chiropractors who work with industry as occupational/industrial consultants to help prevent workplace injuries have been watching closely to see what the government would decide regarding the proposed ergonomics regulations.

The Labor Department has been directed to develop Occupational Safety and Health Administration guidelines during the next six months. The guidelines will be aimed at certain industries and particular tasks with high rates of injury and illness.

Occupational Safety and Health Administrator John Henshaw said OSHA will step up enforcement and litigation efforts to reduce repetitive-stress injuries in the workforce, which the agency says account for about a third of the 1.7 million job injuries annually. Businesses also will be encouraged to develop their own policies.

Democrats and their allies have pressed Labor Secretary Elaine Chao to develop an agencywide plan to deal with workplace injuries since Congress repealed the regulations more than a year ago.

Those rules would have required employers to make changes to work stations and in some cases compensate injured workers. OSHA said the rules would have cost businesses about $4.5 billion to comply, but would have meant $9 billion in savings from reduced injuries. Business groups pegged the cost at $100 billion.

Union leaders questioned whether the Labor Department, which is facing budget cuts proposed by President Bush, has enough resources to adequately monitor and enforce job safety. Organized labor also plans to turn up pressure on Congress to provide better protection.

"After over a year of delay, the administration has today announced a meaningless measure that yet again delays action and provides workers no protections," said AFL CIO president John Sweeney.

Henshaw conceded that OSHA has had little success litigating cases of ergonomics related injuries under the agency's general duty clause, which requires an employer to furnish a workplace "free from recognized hazards" that could cause serious harm or death.

"I'm not here to criticize or argue the past," said Henshaw, who was appointed by President Bush and confirmed by the Senate last August. "We could do better. We can be more aggressive." He cited a settlement agreement in January with one of the nation's largest nursing home operators, Beverly Enterprises Inc., which agreed to adopt measures to reduce back injuries of workers who lift patients and residents.

The agreement covered all of the company's 270 nursing homes, although the investigation, started in May 1991, stemmed from complaints at just a handful of facilities.

The new ergonomics plan calls for compliance assistance tools to help workplaces reduce and prevent ergonomic injuries. OSHA will provide specialized training and information on guidelines and the implementation of successful ergonomics programs. The agency plans to designate 10 regional coordinators to focus on enforcement and outreach relating to workplace injuries. Education efforts include training grants, a new website, and an advisory committee to identify areas that need attention. OSHA will also administer targeted training grants, develop compliance assistance tools, forge partnerships and create a recognition program to highlight successful ergonomics injury reduction efforts.

The plan also includes the announcement of a national advisory committee; part of the committee's task will be to advise OSHA on research gaps. Together with the National Institute for Occupational Safety and Health, OSHA says it plans to stimulate and encourage needed research in this area.

"Bureau of Labor Statistics' data show that musculoskeletal disorders are already on the decline," Henshaw said. "This plan is designed to accelerate that decline as quickly as possible."

Henshaw added: "Thousands of employers are already working to reduce ergonomic risks without government mandates. We want to work with them to continuously improve workplace safety and health. We will go after the bad actors who refuse to take care of their workers."

For more information, sign on to the Occupational Safety and Health Administration's website at: http://www.osha.gov/

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