VICTORY!
OSHA Issues Proposed Ergonomics Standard
On Nov. 22, 1999, after nearly a decade-long fight, federal OSHA issued its proposed ergonomics standard. The proposed standard is a major step forward in the effort to protect workers from crippling workplace injuries. It is particularly significant given the all-out vicious campaign by business groups to stop the rule. Once finalized, it will be the most important worker safety and health protection of this decade.
The proposed rule is not as strong as we would like. It excludes workers in construction, maritime and agriculture. In many workplaces in the covered industries, the rule is triggered only after workers are injured.
OSHA will be taking written comments on the rule until Feb. 1, 2000. Public hearings on the proposal will be held in Washington D.C., Portland, Ore., and Chicago during February, March and April.
A copy of the proposed standard and information about submitting comments and participating in the public hearings are available on OSHA's web site at: http://www.osha-slc.gov/ergonomics-standard/index.html.
The industry opposition to this rule will be fierce. Employer groups, particularly the Chamber of Commerce, have pledged an all-out campaign to stop the rule. They are certain to continue their efforts in Congress to try to stop OSHA from issuing the standard in final form.
To make sure these protections become the law of the land, we are going to have to redouble our efforts both in the rule-making and in Congress. Supporters of OSHA's ergonomics rule need to submit comments and participate in the hearings. We need to build a strong record of support for this standard and the expansion of the rule to cover all workers. We also need to let members of Congress know that workers need these protections and they should oppose any efforts to block this standard.
The AFL-CIO has prepared a fact sheet and a full summary on the proposed standard. AFL-CIO President John Sweeney issued a press release in support of the proposed standard on Nov. 22.
We will be providing additional information about the OSHA rule-making in coming weeks and urge all of you to join in this important fight.
Washington State Issues Proposed Ergo Standard
On Nov. 15, 1999, Washington State proposed their ergonomics standard. The Washington State standard covers all industries and is a risk-based rule triggered by exposure to workplace hazards, not reported injuries. It does not, however, include provisions for medical management.
This is an important standard setting that will protect workers in Washington State. It also will help us in our efforts to try to get federal OSHA to cover all workers.
WISHA has scheduled 14 public meetings around the state during January and is taking comments on the rule. Everyone who is submitting comments on the federal OSHA rule also should submit comments on the Washington ergonomics proposal and/or participate in the public meetings. Comments on the WISHA rule are due by Feb. 14, 2000, and should be sent to:
Jennie Hayes
Department of Labor and Industries
WISHA Services Division/Standards Section
P.O. Box 44620 Olympia, Wash. 98504-4620
or via e-mail to: ergorule@lni.wa.gov.
Information about the public hearings and other background information on the rule is available on the WISHA website: (http://www.lni.wa.gov/wisha).
California Court of Appeals Upholds CAL/OSHA Ergo Rule
In October, the California Court of Appeals issued a decision upholding the 1997 Cal/OSHA ergo rule. While the court let major loopholes in the standard remain, such as the two-injury trigger and the requirement that injuries be predominantly caused by work, it struck down the small employer exemption and ruled that the standard had to cover all employers. While the AFL-CIO is disappointed that the court let major loopholes remain, the fact that this conservative court rejected all of industry's challenges and upheld the rule is a victory. It remains to be seen whether the state of California or industry groups will appeal the decision to the California Supreme Court.
If you have questions or would like additional information on the developments on ergonomics, please contact Peg Seminario (pseminar@aflcio.org) or Deborah Weinstock (dweinsto@aflcio.org) at the AFL-CIO Safety and Health Department or visit the AFL-CIO Ergonomics web page.
