Business Leaders Dispute Ergo Rule, File Suits

Nov. 14, 2000
As expected, several business groups have already retaliated\r\nagainst OSHA's newly-released ergonomics rule by filing law suits.

As expected, several business groups have already retaliated against OSHA''s newly-released ergonomics rule by filing law suits, and more are likely to follow in the coming days .

According to OSHA, the rules would cost businesses some $4.5 billion to implement but would help businesses save $9 billion a year in medical expenses and workers'' compensation.

But business leaders sharply dispute the cost figures, citing a study by the Employment Policy Foundation that estimated costs of $91.4 billion annually.

"It exceeds their [OSHA officials''] statutory authority, it''s unconstitutionally vague and there is no scientific basis for the standard," said Stephen Bokat, vice president and general counsel of the U.S. Chamber of Commerce.

The U.S. Chamber of Commerce is one group that will seek to overturn the standard in court.

The Society for Human Resource Management (SHRM) and other business associations also filed suit yesterday in U.S. District Court in an effort to block the controversial standard.

OSHA claims that the final standard was designed to reduce the number of musculoskeletal disorders (MSD) or repetitive motion injuries in the workplace.

It requires all general industry employers to implement an ergonomics program when specific risk factors such as repetition, lifting, pushing, pulling, awkward postures, stress or vibrations develop into a MSD.

SHRM contends that OSHA provides no guidance to employers in the regulations on how to rationalize this wage replacement requirement with state workers'' compensation laws.

"Despite minor changes in the final published standard, little has been done to eliminate our original concerns," said Susan Meisinger SHRM executive vice president. "It is unfortunate that the Administration has taken this unprecedented course of action to rush such as complex standard through the regulatory process. It has left us with no option but to file suit."

SHRM filed formal comments with OSHA in March arguing that the proposed rule placed unwarranted compliance burdens on employers, and had unrealistic goals that conflicted with the National Labor Relations Act, the Family and Medical Leave Act, the Americans with Disabilities Act and state workers'' compensation laws.

by Virginia Sutcliffe

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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