Industry vs. Ergo Rule: The Battle Continues

Dec. 6, 2000
The law suits of many business groups and individual companies against OSHA's ergonomic standard have been consolidated into a single action in a federal circuit court.

Although a number of business groups and individual companies filed suits against OSHA in federal courts around the country, all the cases were consolidated into a single action in a federal circuit court chosen by lottery.

Where the case is heard is important because some courts are friendlier to OSHA than others.

For this reason labor unions also filed suit in their favorite jurisdictions, to increase their chances of "winning the lottery," as they seek to defend OSHA''s rule and possibly pursue grievances of their own.

Peg Seminario, director of safety and health programs at the AFL-CIO praised the ergonomics standard as a huge step forward. But in an interview Seminario pointed to what she thought were two major weaknesses in the rule.

"The trigger is still dependent on an incident occurring -- this is different from every other OSHA rule." Other OSHA rules are based on hazards and exposures she explained. "We believe for the rule to be fully protective it should include a hazard trigger, like the Washington state rule and many employer programs."

Labor is also disappointed that maritime, agriculture and construction are not covered by the standard.

Sources close to industry''s litigation said the District of Columbia (D.C.) circuit court had "won" the lottery, a development that appears to be favorable to opponents of the rule, as this was where the National Association of Manufacturers filed suit.

On the other hand, having to fight it out in the D.C. court is bad news for insurance groups challenging the rule''s work restriction protection (WRP).

This is the court that has repeatedly affirmed OSHA''s right to include WRP provisions in previous standards, and lawyers say this precedent is more binding on the D.C. court than other federal appeals courts, even though the judge who made the previous decisions has died.

by James Nash

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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