Ergo Rule II: Does DOL Have an Open Mind?

July 3, 2001
Labor representatives comment on the Bush administration's nominee for the post of the solicitor of labor and whether they think the administration is keeping an open mind about issuing a new ergonomics standard.

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"After the Secretary of Labor and the OSHA administrator, it''s the most important post with respect to OSHA rulemaking and enforcement policy." That''s how Washington, D.C., attorney Stephen Yohay, of Arent, Fox, Kintner, Plotkin & Kahn PLLC, describes the job of solicitor of labor, the Department of Labor''s (DOL) top lawyer.

Eugene Scalia, the Bush administration''s nominee for the post, makes it harder for labor groups to believe the administration has an open mind on issuing a new ergonomics standard, as stakeholders prepare for new public hearings on how to tackle repetitive motion injuries.

That''s because as a lawyer, Scalia represented the National Coalition on Ergonomics, United Parcel Service Inc., and Anheuser-Busch Cos., the most vehement opponents to the Clinton administration''s failed ergonomics standard. In addition, Scalia authored Wall Street Journal and Cato Institute articles where he strongly criticized the ergo rule.

"I think the hearings are window dressing," said Michael Wright of the United Steelworkers of America, in part because of the Scalia choice.

The AFL-CIO''s Peg Seminario, said her union has not yet decided whether to oppose Scalia''s Senate confirmation, "but we have real concerns about Mr. Scalia, particularly in the area of ergonomics where he has been very active." She questioned whether there would be any OSHA enforcement of ergonomic injuries under the general duty clause, if Scalia becomes the new solicitor of labor.

But William Ament, a consultant at Organization Resources Counselors, had a different view of Scalia and the top legal perch at DOL.

"I think he would be a fair and forthright solicitor," said Ament. "As the department''s top lawyer he won''t be setting policy, he''ll be interpreting legal issues. I think he can keep the two things separate."

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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