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--By George Mason OSHA Twists in the Wind It was 1990. Elizabeth Dole was the Secretary of Labor. The Occupational Safety and Health Administration (OSHA) began studying the effects of repetitive stress on the workforce. Ten years later, the lame duck Clinton Department of Labor decided that as a last favor to some 66 labor unions, the PC thing to do was to be EC, ergonomically correct. On January 16, 2001, OSHA put 608 pages of new ergonomic regulations into effect. (The executive order did not include the egregious "home office" section that was soundly defeated by public pressure last year.) For the timeshare industry, the new regulations affected any resort worker who might suffer from physical injuries such as muscle pulls, carpal tunnel syndrome, back or neck strains, wrist, joint or shoulder pains caused by repetitive physical stress on the job. On March 6th, the U.S. Senate voted 56-44 to kill the new ergonomic work place rules. Accompanied by heavy lobbying efforts on both sides, the bill marked the first time that the 1996 Congressional Review Act was brought into play. The Act allows the legislative branch to reign in administrative agencies that go beyond the intent of Congress. The House, by a vote of 223-206, followed the Senate in killing the presidential order on March 7th. The Bush Administration declared that it would immediately sign the legislation. The debate and votes may give an indication of how the Senate, with its 50-50 split, may decide other business-related issues. The six Democrats who supported repeal – Max Baucus (MT.); John Breaux (LA.); Ernest Hollings (SC); Mary Landrieu (LA); Blanche Lincoln (AR) and Zell Miller (GA) - are considered moderate Democrats representing conservative states. They are the mirror image of moderate Republicans from liberal, northeastern states. The controversy over ergonomic work rules centers on the following policy issues. Market forces can do a better job than regulators. OSHA concedes that its own research shows 93 percent of all U.S. employees are already covered by company ergonomics programs. In the last three years, say Bureau of Labor statistics, the number of repeat stress injuries has declined 17 percent. From 1993-97, carpal tunnel cases dropped 29 percent and tendonitis declined 28 percent. The cost of worker’s compensation insurance premiums is sufficient incentive to pay attention to the issue. The market solution includes new technologies, product design advances and comprehensive training and monitoring programs. There is no scientific and medical consensus. What is needed, industry says, is comprehensive, unbiased research on fundamental questions about musculo-skeletal disorders (MSD). If no one is sure why an employee develops a repetitive stress injury, employers shouldn’t be held completely liable for the injury. Just four percent of all workplace injuries are actually linked to repetitive stress. While the business lobby concedes that repetitious work is sometimes related to injuries, it questions if it is known why some workers are affected and others are not. Research suggests a combination of factors including improper use of equipment, general fitness, and injuries off the job that are made worse by work. If there is the possibility of numerous non-work factors influencing on-the-job injuries, then employer’s object to shouldering the entire cost of getting the injury fixed. Vague science, lobbyists say, opens the door for disgruntled employees to make trouble by making unprovable accusations. By summer, the National Academy of Sciences (NAS) plans to issue a new and comprehensive ergonomic study of its own. The regulations are onerous. As promulgated, the OSHA regulations provide that an employee unable to work must be paid 90 percent of earnings and benefits for up to 90 days while off the job. This is a stiffer requirement than many state worker compensation laws that are set at two-thirds pay and sometimes for fewer than 90 days. Employers cannot reduce the wages and benefits of injured workers temporarily assigned to light or alternative duties. Employers must train workers to recognize and report ergonomic injuries. Employers must investigate such reports, determine if a hazard exists, and reduce the risk. Employers are required to include employee input in assessing and preventing risk. Employers would be required to redesign workplaces, ensure access to medical care and provide compensation for disabilities. OSHA states that 1.8 million workers have MSD injuries each year and that about 600,000 people miss some work because of it. It is a major concern because MSD injuries require the longest time off the job of any work-related condition. The median numbers of work days missed is the highest at 17 days and the estimated average cost per worker compensation claim is $43,500. A 1997 General Services Administration (GAO) study found that employer ergonomic programs were cost effective and succeeded in reducing injuries. The successful model for employers is hazard identification, hazard control, training and medical management. Workplace factors are a part of the cause and experience shows that injuries can be prevented. The year-long attempt by OSHA, with the strong support of labor, to construct a MSD injury bureaucracy for 102 million workers at 6.1 million work sites has been fueled by studies that show an annual cost in compensation expenses, lost wages and decreased productivity of $50 billion annually. MSDs have been positioned as the biggest safety and health hazard in the workplace today, causing nearly one-third of all serious job-related injuries. Business lobbyists suggest an alternative – OSHA could perform a real service by acting as a clearinghouse for the collection and dissemination of research and industry experience and identifying to the marketplace what does and doesn’t work. Promises to the contrary by both sides, it is widely thought that repeal of the executive order marks the end of ergonomic legislation for the time being. #### |
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