Reversal On Ergo Rule Stirs Opposition
OLIVER B. PATTON
WASHINGTON EDITOR
Told by Congress that its ergonomics regulations were too heavy a load to lift, the Occupational Safety and Health Administration came up with a lighter alternative.
Labor Secretary Elaine Chao announced a new approach to ergonomics that emphasizes voluntary compliance with federal guidelines, backed by inspections that can lead to citations for failure to control ergonomic hazards.
The plan drew immediate fire from labor interests and congressional leaders, who said it is not tough enough. "Sadly, the long-awaited plan of action by the (Bush) administration falls far short of protecting America's workers," said Sen. Ted Kennedy, D-Mass. "In fact, it is really only a plan to come up with a plan."
OSHA's new approach amounts to a 180-degree turn from the tough rules that it was proposing a year ago. Those rules, which would have required employers to establish comprehensive programs to protect workers from injuries, were supported by unions but bitterly opposed by business interests, including trucking companies. The business interests prevailed, and in March 2001 Congress killed the proposal on grounds that it was confusing, burdensome, expensive and unlikely to be effective.
This spring, OSHA came back with a four-part strategy to reduce workplace injuries caused by repetitive motions and other strain-inducing activities.
First, the agency will develop guidelines for certain industries, based on the incidence of injuries and best practices for remedying problems. It will start with nursing homes. It has not yet disclosed its plans for trucking, but the industry, with its constant lifting and carrying of boxes, is a likely candidate. "You have to believe they will come calling," said Tim Lynch, president of the Motor Freight Carriers Assn.
Underscoring the point, the Department of Labor has asked American Trucking Assns. for help in finding trucking companies to participate in discussions about guidelines, according to an ATA spokesman.
The second element of OSHA's new strategy is enforcement. Failure to implement the guidelines will not necessarily be a violation of the law. But the agency will conduct inspections and sanction companies that maintain hazardous conditions. Sanctions can include citations and ergonomic hazard letters.
For its inspections, OSHA will target 3,000 worksites that reported high injury and illness rates in 2000, based on an annual survey of 80,000 sites. Inspections are triggered when an employer reports 14 or more injuries that lead to time off, out of 100 employees. Some worksites will be selected at random.
The agency said it will not go after companies that have ergonomic programs in place, or that are making a good-faith effort to reduce hazards.
The third element of the plan is to help companies develop safe processes, through education and training. And, it will encourage researchers to study areas of ergonomics where information is lacking. The agency will charter an advisory committee to identify these knowledge gaps.
The plan was assembled by Labor Secretary Chao after public hearings and comments last fall that gave all sides a chance to vent following Congress's reversal of the rule.
It tracks the philosophy Chao set forth during those hearings: prevent injuries; use a scientific approach; promote cooperation between OSHA and employers; be flexible and use common sense.
"Our goal is to help workers by reducing ergonomic injuries in the shortest possible time frame," Chao said. "This plan is a major improvement over the rejected old rule because it will prevent ergonomics injuries before they occur and reach a much larger number of at-risk workers."
Whatever else it may achieve, the plan has failed to quell the bitter disagreement that has characterized this issue for years. Labor sees it as the opposite of an improvement. At a hearing in the Senate, Kennedy called it "toothless guidelines -- a replay of failed strategies from the past."
Kennedy was joined by Sen. Paul Wellstone, D-Minn., who said the plan is "too little, too late."
Other members of the Senate Committee on Health, Education and Labor defended OSHA's move. Sen. Judd Greg, R-N.H., for example, reminded the committee that the old rule was soundly rejected by a bipartisan vote. The new plan will reduce workplace injuries "in a much more efficient and feasible way," he said.
Trucking groups support the plan.
"We welcome Labor Secretary Chao's recommendations," said ATA President William Canary. "We believe that these recommendations have been arrived at through a carefully studied and open process that asked the right questions of the right people: those who have to work within the rules."
The National Coalition on Ergonomics, an alliance representing a variety of businesses including trucking, described this as "the right approach."
"Allowing for cooperation and flexibility and focusing on results instead of just punishment will encourage companies to continue their innovative and effective workplace safety efforts -- efforts that have resulted in significant improvements in safety and health," said Robb MacKie, chairman of the coalition.
Tim Lynch of MFCA which represents the major unionized LTL companies, said the plan "sets the right tone to energize businesses to address the problem."
He views the plan as a gain for trucking and the economy in general but warns, "We haven't reached the end of ergonomics."
And in fact, within a week of Lynch's observation, Sen. John Breaux, D-La., introduced a bill that would require OSHA to issue new ergonomic standards.
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