Senator John Breaux (D-LA) last week introduced a bill, S. 2184, that would require the Department of Labor (DOL) to issue an ergonomics rule within two years. S. 2184 may advance independently or as an amendment to the fiscal year 2003 appropriations bill for DOL.
Sen. Breaux said his revised ergonomics legislation, co-sponsored by Sen. Arlen Specter (R-Pa.) and 22 other Senators, would address work-related musculoskeletal disorders (MSDs) and workplace ergonomics hazards within two years and would not apply to disorders that are not related to work.
"This two-year implementation period comes at the end of two decades of the federal government identifying an ergonomics problem, but creating no national policy to correct it," Sen. Breaux said, noting only technical changes differentiate this bill from one he offered last year. "I believe a federal regulation is not only warranted, but it is the only way to ensure our nation's ergonomics problems are addressed."
The bill also would require any new federal rule clearly to define under what circumstances an employer is required to address MSDs and ergonomic hazards and what standards will be used to measure the employer’s performance. In addition, the measure would prohibit any new rule from expanding existing state workers' compensation laws, and would provide information, training materials, and outreach programs to help both employers and employees comply with the new rule.
Sen. Breaux said the Bush Administration's ergonomics plan, released on April 5, "appears to be well-thought out, addressing research, compliance and outreach, but the enforcement component of its approach is too weak and unacceptable.” Organized labor has been critical of DOL’s recently announced strategy. Go to http://www.osha.gov/ergonomics/index.html for details of OSHA’s plan.Labor Secretary Elaine Chao outlined the Administration’s ergonomics plan during an April 18 hearing called by Sen. Edward Kennedy (D-Mass.), chairman of the Health, Education, Labor and Pensions Committee. Sen. Kennedy described the guideline approach as “toothless” because “most corporations will simply ignore” the voluntary approach and allow ergonomic injuries to occur.
