The legislative fight on OSHA's ergonomics standard is escalating. On Wednesday, June 23, H.R. 987, legislation to block OSHA's ergonomics standard, was reported out of the House Education and the Workforce Committee. We expect a vote on this bill before the August congressional recess (currently scheduled to begin Aug. 7). It is also possible that the business community will try to attach the prohibition on OSHA's ergonomic standard to the OSHA appropriations bill, which is scheduled to start moving through the legislative process in the next several weeks.
July is going to be a critical month in the battle for an ergonomics standard. We need to do whatever we can to generate letters (please see our sample letter to Congress) and telephone calls to members of Congress—representatives and senators—urging them to vote against H.R. 987/S. 1070, or any other measure to stop OSHA's ergonomics standard.
We will provide regular updates and alerts in the coming weeks to keep you informed of developments and needed action. Here's a rundown of what's going on:
H.R. 987 Reported Out of Committee:
On June 23, the House Education and the Workforce Committee marked up and reported out H.R. 987 on a 23-18 vote. All of the Democrats voted "No" on the measure. One Republican, Rep. Tom Petri (R-WI), also voted against the measure.
While we lost the committee vote on the bill, we won the debate on the issue. All of the Democrats attended the mark up and spoke forcefully and passionately about the importance of protecting workers. More than 60 rank-and-file union members, including a members of the Food and Commercial Workers, SEIU, the Steelworkers, the Communications Workers, APWU, AFSCME and UAW attended the mark up. Their presence was very effective and sent a clear message that this is an important issue for workers.
The Clinton administration weighed in strongly against the legislation with a letter opposing H.R. 987 and recommending that the president veto the bill if it is passed.
As noted, Republicans likely will try to move the bill to the House floor sometime before the August congressional recess.
S. 1070 Gaining Support:
S.1070 now has 40 co-sponsors—all Republicans, including a number of moderates (such as Sens. Susan Collins and Olympia Snowe of Maine and John Chaffee of Rhode Island). The Senate has not previously addressed the ergonomics issue because in past years all the action originated in the House. Therefore, most members are unfamiliar with the standard's history; to them, the proposal for completing the NAS study before proceeding with the rule doesn't sound so unreasonable. It is important to contact all senators to educate them about this issue and to urge them not to co-sponsor and to oppose S.1070.
Thus far, no hearings or committee action have been scheduled on S.1070. It is likely the Senate will wait for the House to act on H.R. 987 before moving forward with S. 1070.
Co-Sponsor Update:
H.R. 987 now has 154 co-sponsors. Three Democrats—Reps. Matthew Martinez (D-CA), Bennie Thompson (D-MS) and Jim Traficant (D-OH)—have withdrawn as co-sponsors of the bill.
As noted, S. 1070 now has 40 co-sponsors—all Republicans.
Ergo Riders Possible on OSHA Appropriations:
In past years, conservative Republicans have used the appropriations process to limit OSHA activities on ergonomics. This year, the appropriations process has been slow to get started, but action on OSHA appropriations is expected to heat up in July. When it does, it's quite likely there will be attempts to attach H.R. 987/S. 1070 to the appropriations bill in the form of a rider. In the House, it's not clear if Republicans on the Appropriations Committee will stand by their 1998 promise to refrain from further prohibitions on the ergonomics standard in the appropriations bill. However, that "deal" did not apply to the House as a whole or the Senate, so attempts to attach an anti-ergonomics rider are quite likely at some point in the process. Therefore, we are going to have to gear up to fight the anti-ergonomics legislation on several fronts.
