OSHA Revamps Ergonomics Proposal

Nov. 9, 2000
OSHA has drafted a revamped version of the ergonomics rule that may be tougher on businesses than the proposal that helped to stalemate budget talks between Republican congressional leaders and the White House.

The Wall Street Journal reported yesterday that OSHA has drafted a revamped version of the controversial ergonomics rule that business advocates say is tougher than the proposal that helped to stalemate budget talks between Republican congressional leaders and the White House.

Copies of the draft, dated Oct. 10, were sent anonymously to a trade newsletter and to Baruch Fellner, the Washington lawyer who represents United Parcel Service Inc. and other business interests opposed to the regulations.

However, OSHA said the rules have undergone further revisions since Oct. 10, leaving questions about what the final standard will really contain.

Several OSHA officials said the draft reflected current agency thinking, which could mean a plan that is tough on businesses.

The new draft, however, does make some attempts to address business's concerns.

For example, the original proposal requires employers to provide slightly reduced pay and full benefits for as much as six months to employees who can't work; the new proposal requires only 90 days.

The draft also tries to clarify the matter of pre-existing conditions; saying pre-existing conditions aggravated by work are covered by the rules only if they are aggravated "significantly."

But in rewriting the rules, OSHA made the document substantially longer and seemingly more confusing, reported The Wall Street Journal.

In some ways, the new draft also seems broader in scope than the original proposal, though that's not entirely clear, because some crucial definitions were left blank, most likely to be filled in later.

For example, the rules cover most employers in "general industry," but that term isn't yet defined.

According to The Wall Street Journal, the most significant change in the draft is a set of detailed specifications that employers must use to determine if their employees are performing hazardous tasks, an apparent attempt to address business complaints that the original proposal was too vague.

For example, the draft says that using a keyboard and/or a computer mouse "in a steady manner for more than four hours total in a workday" is hazardous.

Likewise, kneeling or squatting for more than two hours a day and using certain vibrating tools for more than 30 minutes a day, are also considered hazardous tasks.

Although the rules don't explicitly outlaw such tasks, the draft at the very least would encourage employers to do away with them and could be read as forbidding them.

The new draft would also require employers to provide all employees deemed to be at risk for repetitive stress injuries with free access to a doctor or other healthcare professional.

The previous proposal gave employers flexibility on that point, requiring health professionals only "when necessary."

The new draft expands the list of covered injuries. The previous version covered musculoskeletal disorders, meaning injuries to muscles, nerves, tendons, ligaments, joints, cartilage and spinal disks. The new draft adds injuries to "blood vessels" to the list of musculoskeletal disorders.

It is uncertain whether or not any of the changes in the new draft will appear in the final draft of the standard, or if there is yet another revamped version, although OSHA officials told The Wall Street Journal that the Oct. 10 draft reflected the agency's current thinking.

Ergonomics is one reason why Congress decided to put off the recent budget fight until after the election.

At the heart of that dispute is the rider Republican lawmakers added to the Labor Department's spending bill which would prevent a final version of the ergonomics rules from being issued until October 2001.

President Clinton, who wants the rules in place before he leaves office, promised to veto the bill unless the provision was removed.

Edited by Virginia Sutcliffe

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

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