Election Ergonomics

By Joe Lazzara, Scientific Technologies Inc.


With the ghosts and goblins of Halloween behind us, this year the equally scary brew of politics and ergonomics are now upon us. The political cacophony of this November cauldron can create an unsavory and unpredictable mix of political agendas and ergonomic policies. Let’s examine what this witches’ brew has in store for the safety and health community.

OSHA has been very consistent with its focus on a proposed ergonomics standard. "It is our top priority," said OSHA Chief Charles Jeffress. "Work-related MSDs (musculoskeletal disorders) currently account for one-third of all occupational injuries and illnesses that are severe enough to result in days away from work."

An ergonomics standard is also the number one priority of labor, including the AFL-CIO. "OSHA has been working on an ergonomics standard for nearly a decade and should be allowed to proceed to issue a proposed and final rule to protect workers," states an AFL-CIO report.

Meanwhile, businesses, although many are sincerely committed to providing a safe and healthy workplace for their employees, believe the current OSHA proposal is overly broad, complex, and is extremely cumbersome to administer and implement. Further concerns are the high costs of implementing engineering controls and that the standard does not promote cooperation between employers and employees. For example, United Parcel Service said compliance could cost it more than the company’s annual net income.

The politics involved here are fairly predictable. Clearly Vice President Gore and the Democrats need the full support of labor to ensure success in the November election and beyond. Gore has promised to deliver ergonomics regulation for the labor coalition.

On the other side of the political ring, the Republican Party is more aligned with the business position on the ergonomics proposal. Particularly troubling is the cost (first year estimated costs by the Employment Policy Foundation at $129.5 Billion), the "hair trigger" threshold of activation (a company is required to institute an ergonomics program after a single MSD is reported) and the "most favored injury" status of an MSD that provides benefits beyond the typical worker’s compensation.

OSHA has further riled members of the opposition in Congress after documents revealed that OSHA paid contractors to testify in support of the ergonomics proposal at recent hearings on this subject. The cost? It appears 28 contractors were paid $10,000 a piece for a total of $280,000. "Since when is it appropriate for the government to pay witnesses to testify at regulatory hearings?" questioned Jon E. Jenson, President of the Precision Metalforming Association.

In order to appreciate the political impact of this situation; understand that OSHA has almost complete control at this juncture, in converting the proposed ergonomic standard into a full-fledged regulation. Procedurally, OSHA needs a review by the Office of Management and Budget (OMB) prior to publication of a final ruling, but disapproval by the OMB is unlikely.

If you were thinking that Congress would still need to approve the ergonomic proposal, think again. Remember that OSHA is part of the regulatory bureaucracy, the unelected fourth branch of our government and Congressional approval is not required. The only way Congress can derail the ergo freight train is by attaching a rider to an appropriations bill. The rider would prohibit any funding from being spent on the proposal and thereby block OSHA from publishing a final ergonomics rule. Negotiations on the rider are underway now, don’t forget – President Clinton would have to sign the appropriations bill with the rider intact – and how likely is that?

A quick review of the election ergonomics outlook:

• If the rider is adopted, the ergonomics regulation will likely be delayed.
• If Bush/Cheney win, OSHA would rush a final ruling before the new President is sworn in office. Bush can later attempt to rescind or redraft the regulation, a move that would certainly be challenged in court by the AFL-CIO.
• If Gore/Lieberman win, OSHA’s frantic pace will likely slow down, but look for an ergonomics ruling in early 2001.

Thus, no matter who wins in November, there will likely be some form of ergonomic regulation approved by OSHA. Since I am writing this several weeks before the results of the November election, I don’t have the luxury of knowing – as one pundit put it – as to whether the American people have been "Gored" or "Bushwacked". Either way, OSHA’s rush to judgement on a final ruling is likely to produce a flawed legislation that will certainly be challenged in the courts.

Keep tuned in and be safe out there!

"Lazzara on Safeguarding" is a monthly column written for Plantautomation.com and Safetyonline.com

Joseph J. Lazzara is President and CEO of Scientific Technologies, Inc ("STI"), the largest provider of automation safeguarding solutions in North America.

Joe began his career with Hewlett Packard in 1973 where he had responsibility for safety and environmental issues for one of HP's largest divisions. After several other positions at HP in environmental, process and engineering management, Lazzara joined Scientific Technologies, Inc. (STI) in 1981 as Vice President and became President in 1989 and then
President and CEO in 1993.

He has a Bachelor of Environmental Engineering degree from Purdue University and a Masters in Business Administration degree from Santa Clara University.

Joe is the Chairman of the Safety, Health and Environmental Committee for the Association of Manufacturing Technology (AMT). He is also a member of the Board of Directors of the American Electronics Association (AEA), the nation's largest high-tech trade association.