United States: Ergonomics Program Standard Repealed

As you know, the Occupational Safety and Health Administration ("OSHA") published the final version of its Ergonomics Program standard on November 14, 2000 to "address the significant risk of employee exposure to ergonomic risk factors in general industry workplaces." This regulation sought to protect employees from "musculoskeletal disorders" (i.e., disorders of the soft tissues, specifically of the muscles, nerves, tendons, ligaments, joints, cartilage, blood vessels, and spinal discs not caused by a slip, trip, fall, or motor vehicle accident). The standard became effective on January 16, 2001, although employers faced no real obligations under the standard until October 2001.

Fortunately, employers now will not likely face any obligations under OSHA's current version of the Ergonomics Program standard. On March 7, 2001, the United States Senate voted 56-44 to support the repeal of the Ergonomics Program standard under the Congressional Review Act of 1996 ("Congressional Review Act" or "the Act"). On March 8, 2001, the United States House of Representatives also voted 223 to 206 to support the repeal of the Ergonomics Program standard under the Congressional Review Act. The Congressional Review Act is a heretofore unused statue which gives Congress a streamlined method of rescinding new federal agency regulations. The Act bars federal agencies from issuing regulations similar to those repealed under the Act without Congressional approval. President George W. Bush is expected to approve Congress' actions and thereby eliminate OSHA's Ergonomics Program standard as it currently exists.

While we are pleased to be the bearers of good news, please note that there are several potential problems on the horizon. First, Labor Secretary Elaine L. Chao has announced that she is interested in a comprehensive approach to ergonomics (i.e., a new, watered-down version of the ergonomics rule). Second, many state agencies (e.g., the Tennessee Occupational Safety and Health Administration) have not decided how they will handle this development. Employers may still yet face ergonomics regulations promulgated by state agencies (as is the case in California and Washington). Also, employers need to be aware that state agencies and even OSHA have already prosecuted ergonomics related charges under the "general duty" clauses of their respective enabling legislation and may continue to do so.

Nonetheless, enjoy this respite granted by Congress. Miller & Martin will continue to monitor developments regarding ergonomic regulations under state and federal law as well as all other labor and employment issues affecting our clients. Please contact us if you have any questions regarding this or other matters.