OSHA Moved Toward Issuing an Ergonomics Standard with Release of a Draft Proposed Rule

On February 19, 1999, OSHA moved toward issuing an ergonomics standard with the release of a draft proposed rule. OSHA released the draft to the public at the same time it sent the proposal for review by small business groups as is required by the Small Business Regulatory Enforcement and Fairness Act (SBREFA). The draft is publicly available on OSHA's website.

The draft proposal is an important step toward protecting workers from musculoskeletal disorders (MSDs). It requires employers covered by the rule to develop and implement ergonomic programs for operations and jobs where workers are at significant risk of developing MSDs. However, the rule only covers workers in general industry; construction, maritime and agriculture are totally excluded. In many workplaces in general industry, the rule is only triggered after workers are injured. (See AFL-CIO Summary of the OSHA Draft Ergonomics Standard).

Industry groups are gearing up to stop this latest effort by OSHA to issue an ergonomics standard. The National Coalition on Ergonomics, U.S. Chamber of Commerce and National Association of Manufacturers all came out with statements denouncing the proposal. They continue to claim there is no science showing MSDs are work-related and that OSHA should wait until the NAS finishes its second study on the issue--a study that won't be finished until 2001.

They are making this argument even though Congress refused to include any further prohibition on the OSHA rule in last year's Appropriations Bill. In Oct. 1998, then-House Appropriations Chair Bob Livingston (R-LA) and ranking member David Obey (D-WI) wrote Secretary of Labor Herman making it clear that OSHA could move forward:

"Congress has also chosen to provide $890,000 for the Secretary of Health and Human Services to fund a review by the National Academy of Sciences (NAS) of the scientific literature regarding work-related musculoskeletal disorders. We understand that OSHA intends to issue a proposed rule on ergonomics late in the summer of 1999. We are writing to make clear that by funding the NAS study, it is no way our intent to block or delay issuance by OSHA of a proposed rule on ergonomics."

Nonetheless, it's clear that the Ergo Coalition and the U.S. Chamber of Commerce are going to try again to get Congress to block OSHA's ergonomics rule. The OSHA rule still has a long way to go before it's issued. According to OSHA, a proposal will be published in the Federal Register in September with several months for comments and public hearings. A final rule is not expected until 2000 or later.

We're going to have to fight on two fronts to get a strong ergonomics standard issued--in Congress to make sure the rule isn't blocked and at OSHA to make sure the rule is as strong as possible and supported by extensive evidence and testimony. We need to start taking action now. Here's what you can do to help:

Organize letter-writing and petitions to members of Congress, urging them to support an ergonomics standard. (See sample letter.)

Educate union members and workers about the proposed ergonomics standard. Have them write letters to OSHA in support of a standard that protects all workers and requires employers to take action before workers are hurt.

Gather documentation on the extent of ergonomic injuries in different industries and workplaces and successful efforts by unions and employers to implement ergonomic programs and control measures to prevent these injuries. Identify victims, local union representatives and safety and health and medical experts who can participate in the OSHA hearings.

The AFL-CIO will provide regular updates on ergonomics and post information on this website. If you have questions, suggestions or contributions you would like to share, please contact the AFL-CIO Department of Occupational Safety and Health (phone (202) 637-5366; fax (202) 508-6978; or e-mail OSHmail@aflcio.org).