New Ergonomics Bill Draws Insurer Ire

Washington

Legislation mandating that the U.S. Occupational Safety and Health Administration reissue an ergonomics regulation within two years is not needed, and probably cannot be enacted this year, industry representatives say.

The bipartisan legislation, S. 2184, is co-sponsored by Sens. John Breaux, D-La., and Arlen Specter, R-Pa. It would require OSHA to reissue an ergonomics rule within two years, with the proviso that it not apply to disorders that are not work-related.

The legislation would require the rule to clearly define under what circumstances an employer is required to address ergonomic hazards, and what standards will be used to assess performance.

S. 2184 would also prohibit any rule expanding state workers compensation laws.

Sen. Breaux said the legislation is necessary. Despite two decades of the federal government identifying ergonomic problems, he said, there is still no national policy on this hazard. “I believe a federal regulation is not only warranted, but it is the only way to ensure our nations ergonomics problems are addressed,” Sen. Breaux said.

But Sen. Mike Enzi, R-Wy., countered that a rule is not necessary. Indeed, he said, businesses are voluntarily implementing ergonomics programs because they realize the benefits of a safe workplace. He added that OSHA already has authority to crack down on employers who ignore ergonomic hazards.

Finally, Sen. Enzi said, the available science cannot accurately attribute ergonomic injuries to work-related, as opposed to non-work-related factors.

David Farmer, senior vice president of federal affairs for the Downers Grove, Ill.-based Alliance of American Insurers, said the voluntary guideline approach to ergonomic hazards outlined recently by Labor Secretary Elaine Chao is the best way to go. “We see little benefit for workers in the proposed new regulatory regime,” he said. The administrations proposal, Mr. Farmer said, should be given a chance to work.

John Savercool, vice president of federal affairs for the Washington-based American Insurance Association, said that given the abbreviated Congressional calendar and the divisive nature of the ergonomics issue, it will be difficult for S. 2184 to pass the House and the Senate and be enacted into law this year.

“We support Labor Secretary Chaos approach to developing guidelines that help prevent ergonomic injuries in the workplace,” Mr. Savercool said. “Guidelines would not contain the specific compensation mandates that were at the heart of AIAs opposition to the original OSHA ergonomics rule.”

The original rule, which was promulgated in the closing days of the Clinton Administration, imposed numerous mandates on employers, and required compensation for ergonomic injuries to be at between 90-and-100 percent of salary. The standard workers comp award in most states is at 67 percent of salary.

The Clinton Administrations proposal was nullified by Congress early last year using a device called the Congressional Review Act, which gives Congress a specified period to review and nullify a regulation promulgated by a federal government agency. Once Congress nullifies a regulation, the affected agency is barred from promulgating a regulation that is “substantially the same” as the one nullified unless Congress passes a new law allowing it.

Reproduced from National Underwriter Property & Casualty/Risk & Benefits Management Edition, April 29, 2002. Copyright 2002 by The National Underwriter Company in the serial publication. All rights reserved.Copyright in this article as an independent work may be held by the author.

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New Ergonomics Bill Draws Insurer Ire

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