April 2001

On March 20, 2001, President Bush signed a repeal of OHSA's much-talked-about Ergonomics Program Standard ("the Rules"). Ergonomics is the science of designing equipment to reduce fatigue, discomfort, and musculoskeletal disorders common in employees whose tasks involve repetitive motions, force, awkward postures, contact stress, and vibrations.

The Rules, promulgated by OSHA in an effort to reduce musculoskeletal disorders, required employers to inform employees about the disorders, signs, symptoms, and the importance of early reporting. Additionally, employers were required to determine whether workers' injuries met OSHA's definition of a "musculoskeletal disorder incident"-a work-related musculoskeletal disorder that requires medical treatment beyond first aid, assignment to a light duty position, or time off, or work-related signs or symptoms of such disorder that last for seven or more consecutive days.

If a "musculoskeletal disorder incident" occurred, the Rules provided a screening tool to determine whether the particular job exposes employees to risk factors that could trigger musculoskeletal problems. Thereafter, the employer was required to implement a program including, but not limited to, setting up a reporting and response system and ergonomics program, conducting a job hazard analysis, providing training to employees in positions that pose a risk of musculoskeletal disorders, providing employees-at no cost-prompt access to a health care professional and any recommended work restrictions, providing employees with up to 90 days of work restriction protection by maintaining 100% of employees' compensation and benefits for restricted employees and 90% for employees who are unable to work, and requiring strict recordkeeping and program evaluation requirements.

While OSHA had said that the Rules would prevent 460,000 musculoskeletal disorders and that the savings from fewer injuries and the resulting increased productivity would exceed the cost, at least one business group estimated that the Rules, if implemented, would cost employers as high as $125.6 billion per year.

A key criticism of the Rules was that the work restriction protections required employers to continue full salary and benefits, rather than 2/3rds which is common in most states workers' compensation systems. The arguably intricate and onerous Rules were first introduced in 1990 under Bush Labor Secretary Elizabeth Dole and took OSHA a full ten years to enact.

Although business groups are overjoyed by President Bush's repeal, labor industry leaders fear that the repeal is a sign of many setbacks for working people over the next four years of his administration. Labor Secretary Elaine Chao has indicated, however, that she will pursue a comprehensive approach to ergonomics during her tenure which may include the promulgation of new rules.