New Effort Is Unveiled for Ergonomics Rules

Faced with an aging work force prone to back strains, sore wrists and stiff necks, federal regulators Friday announced a new effort to require that employers help workers avoid injury from heavy lifting, repetitive motion and long hours at awkward workstations.

The Occupational Safety and Health Administration said it is pressing ahead with ergonomics rules that had been blocked for three years by congressional Republicans and business groups. The regulations, which could take two more years to make their way through the government’s rule-making process, would affect 2 million workplaces, from factories to nursing homes to offices.

The impact would vary according to the workplace and the problem. Training on how to handle heavy boxes might be enough. Or an employer might have to replace a sagging office chair that offers no back support. Giving workers a break to stretch could be another remedy.

OSHA’s move signals that the tide may be turning against longtime opponents of federal regulations. In the last two years, the agency has been quietly reaching out to businesses that have voluntarily set up programs to help workers avoid injury. At the same time, OSHA has amassed reams of data on the links between work and back trouble, carpal tunnel syndrome and other such ailments.

“The recognition of musculoskeletal disorders has been slow in coming,” said OSHA head Charles Jeffress. “For many years, it was considered a cost of doing business. If you did a certain job, you could end up crippled. That is no longer tolerated.”

The AFL-CIO praised OSHA for moving ahead, but complained that a draft of the proposed rules was not strong enough, leaving out workers in agriculture, construction and maritime industries. (An agency official said OSHA did not have funding available to do the cost-benefit analysis necessary to justify applying the rules to those occupations.) From the other side of the issue, the U.S. Chamber of Commerce denounced OSHA’s draft as “hopelessly vague” and a “blank check” for federal inspectors.

In the past, United Parcel Service played a key role in mobilizing opposition to the rules. UPS spokesman Tad Segal said the company is still very concerned. But as for leading a counterattack, Segal said, “Whether we’ll actively lobby on that, I can’t really tell you.”

Would Be More Strict Than California Rule

In 1997, California became the first state in the nation to institute a workplace ergonomics standard. In some respects, the federal rules would be stricter and, if approved, could force a revision of California’s standard. For example, the federal rules have no exemption for small businesses, where California exempts workplaces with 10 or fewer employees.

Jeffress said there is a strong case for federal regulations. Every year, nearly 650,000 workers suffer job-related injuries such as slipped discs or hand pain serious enough to seek medical help or miss work. These kinds of problems account for a third of all work-related injuries and illnesses, and cost employers up to $20 billion a year in workers’ compensation claims.

Addressing such problems, Jeffress said, would entail substantial costs for businesses, but less than what firms now pay in medical claims for injured workers.

Scientific studies point to a link between repetitive motion and overexertion on the job and physical problems. A review last year by the National Institute for Occupational Safety and Health, part of the Centers for Disease Control and Prevention, found that “compelling scientific evidence shows a consistent relationship between musculoskeletal disorders and certain work-related physical factors.”

Nonetheless, business groups and GOP lawmakers say more study is needed. They urged OSHA to wait for the results of a $1-million National Academy of Sciences study commissioned by Congress last year. That study could take 18 months to two years to finish, and Rep. Roy Blunt (R-Mo.) said he is considering legislation that would require OSHA to take the study into account before issuing the final ergonomics rules.

Although OSHA’s proposed rules would require employers to act, they would not prescribe specific fixes. Instead, they would allow employers to tailor their ergonomics plans to conditions in a particular workplace.

Manufacturing firms and companies where workers do lifting, whether a package shipper or nursing home, would automatically be required to identify potential hazards and work out prevention strategies with employees. If there was a single injury at the work site, more extensive requirements would come into play, involving medical treatment for the employee, changes in work practices or shop layout, and training for all employees.

Rules Could Cover Wide Range of Jobs

Office workers and others who are not involved in manufacturing or lifting jobs could also be covered under the rules. A single injury, for example one case of carpal tunnel syndrome among cashiers at a supermarket, would oblige an employer to identify hazards and discuss prevention with workers. If problems continue, additional actions would be required.