Past suggests difficulties ahead for ergonomics rule
January 1, 2000 2 minutes read
Past suggests difficulties ahead for ergonomics rule
Though the Occupational Safety and Health Administration appears to be intent on establishing an ergonomics rule, past experience suggests that there may still be some hurdles to overcome. In June 1995, an earlier version of the ergonomic proposal failed in a significant way.
The administration had been promising an ergonomic standard since 1990 and had released proposed versions of the standard. OSHA was progressively weakening the proposals in response to employer protests. A 1994 draft would have covered all U.S. employers, about 6.1 million employers with 96 employees, but the 1995 proposal would have covered only employers with evidence that hazards exist, about 2.6 million employers with 21 million employees.
Business leaders vigorously opposed the proposal, saying it would put too much of a burden on employers. Congressional leaders heard their complaints and exerted extraordinary pressure on OSHA. Though OSHA technically has the power to issue an ergonomic standard over the protests of Congress, the agency’s funding can be a sensitive spot. In 1995, Congress put a quick end to the debate by threatening to cut $3.5 million from the OSHA budget — the estimated cost to OSHA of implementing an ergonomics standard.
Soon after, Barbara Silverstein, the Clinton administration’s top official in charge of creating the ergonomics standard, resigned on the same day that OSHA director Joseph Dear issued a statement saying no standard would come forth soon.
More recently, the House Committee on Education and the Work force voted to require OSHA to delay publication of its ergonomic standard until the National Academy of Sciences completes a research review, which is expected in 2001. Though the House accepted the committee’s recommendation, the Senate never acted on the requirement, leaving OSHA free to issue the rule. With Congress adjourned at the end of 1999, OSHA acted quickly to release the proposal and get the wheels moving for finalizing the rule.
Some changes were made to the earlier 1999 version in response to criticism. (See box, p. 4, for a comparison.)
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