OSHA - Ergonomics

The Issue:
On November 14, 2000, the Occupational Health & Safety Commission ("OSHA") published its final Ergonomics Standard. The new regulation officially took effect in the final days of the Clinton Administration on January 16, 2001. This regulation, which would have applied to all general industry and was estimated to cost American business up to $100 billion in implementation and compliance costs, was the most far-reaching and costly regulation ever issued in OSHA's history.

Status:
Fortunately, NCCR and the business community at large achieved a tremendous victory when, in March of 2001, both the House and Senate passed a Congressional Review Act Joint Resolution of Disapproval (S.J. Res. 6), effectively repealing the regulation. The Senate took up the JRD first on March 6, and after the 10 hours of allowed debate under the Congressional Review Act, the Senate passed the measure by a 56-44 vote. The next day, the House took up S.J.Res. 6 and, after several hours of debate, passed the measure on a vote of 223-206.

Expected Action:
Although we achieved a momentous victory in successfully overturning the Clinton Ergonomics regulation, this issue is not likely to disappear. The Bush Administration has stated that they intend to pursue a "comprehensive approach" to ergonomics, and several Members of Congress are expected to push for legislation that would force the Department of Labor to proceed with a new regulation. Sen. John Breaux (D-LA) and Rep. Chris John (D-LA) have introduced legislation (S. 598 and H.R. 1241) that would require the Department to reissue a new final ergonomics standard within two years. In addition, Labor Secretary Chao recently held hearings on this topic and requested written comments. (See NCCR's Member Communications and Written Comment on this topic.)

The Department of Labor had planned to announce their intentions with regard to a possible new rulemaking on ergonomics in the fall of 2001, but the announcement was delayed following the September 11th terrorist attacks. Department action on ergonomics may take the form of non-mandatory, non-binding guidelines, rather than new rules and regulations. We expect an announcement from the Department soon.

NCCR Says:
Because restaurant employees often engage in several of the "risk factors" outlined by OSHA, any proposed new ergonomics regulation could prove to be extremely costly and burdensome for chain restaurants with more than 10 employees. NCCR will work closely with Congress and the Administration to share chain restaurant industry views and ensure that any future program is both workable and reasonable. We will continue to keep our membership informed of developments in this area.

Contact: NCCR at 202.626.8183