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Document 2 of 2.

January 22, 2000

SECTION: BUSINESS; Pg. 233; Vol. 32, No. 4

LENGTH: 902 words

HEADLINE: Ergonomics Proposal Pains Republicans

BYLINE: Michael Posner

BODY:

Members of Congress-accused by critics of avoiding any heavy
lifting themselves-are planning to take a hard look at proposed
federal rules that are intended to ward off disabling injuries
among workers, from typists to poultry-pluckers. But Congress may
stub its toes on broader business-related legislation this year.

Days after Congress adjourned in November, the
Occupational Safety and Health Administration announced a new
"ergonomics" program that would affect some 1.9 million work
sites. The proposed rules would require employers to set up
programs to prevent injuries brought on by repetitive motion.

The proposals, announced by Labor Secretary Alexis M.
Herman, did not come as a surprise. Last August, Rep. William F.
Goodling, R-Pa., chairman of the House Education and the
Workforce Committee, pushed legislation through the House on a
217-209 vote to delay the rules. The bill would put off issuance
of the rules until the National Academy of Sciences completes a
study in January 2001 of whether work habits cause injuries. But
the measure languished in the Senate without floor action.

Goodling has complained about the Labor Department's
decision to act while Congress was out of session. "My colleagues
and I are troubled when the Labor Department appears to time the
issuance of a proposed rule in order to avoid congressional
consideration or comment," Goodling wrote to the department. He
has scheduled subcommittee hearings.

But in the Senate, the issue is considered a political
"third rail," especially in an election year. Sen. Christopher S.
Bond, R-Mo., chairman of the Senate Small Business Committee,
does not plan to hold hearings, an aide said.

OSHA set up a quick timetable for public comment, with
the written comment period scheduled to end on Feb. 1 and with
possible promulgation of a final rule by the end of the year. But
Congress could delay or block implementation by specifying that
no agency money could be used to oversee the program.

The National Association of Manufacturers is leading a
fight against the regulations and, along with some Republican
lawmakers, is seeking an extension of the Feb. 1 deadline.
Opponents argue that the rules are vague and that industry needs
more time to evaluate them. Jenny Krese, lobbyist for the NAM,
noted that the proposal's 1,500 back-breaking pages could
themselves be a hazard to one's health.

The Labor Department said that the rules would cost
employers about $ 4.2 billion a year. But those costs, federal
officials say, would be more than offset by about $ 9 billion in
productivity gains and reduced sick-leave expenses, since some
300,000 workers could avoid serious injuries. The House Education
and the Workforce Committee estimated that industry costs could
range from $ 9 billion to $ 20 billion a year.

While industry and lawmakers were analyzing the
ergonomics rules, they were blindsided by another OSHA missile in
the form of an advisory letter that indicated employers were
responsible for hazards to workers in their home offices. But
after a public outcry, Herman withdrew the advisory letter.
"Congress has won a signal victory," proclaimed Rep. Christopher
Cox, R-Calif., the House Republican Policy Committee chairman.
Although the letter was withdrawn, hearings by a House Education
and the Workforce subcommittee are under consideration.

Other business-related issues expected to come up this
year include a tort reform measure, under consideration by the
House Judiciary Committee, that would limit punitive damages in
some lawsuits against small businesses. Committee Chairman Henry
J. Hyde, R-Ill., has also promised to tackle legislation dealing
with thousands of pending cases involving asbestos-related
injuries.

One lingering issue from last year that will probably
resurface involves patent rights for certain drugs. Seven drug
companies-including Schering-Plough Corp., the makers of
Claritin, the nation's top-selling allergy drug-want legislation
passed that would let them seek patent extensions from the Patent
and Trademark Office. Supporters of the proposal argue that
regulatory delays by the Food and Drug Administration wasted
several years of Claritin's patent. An extension would delay the
sale of cheaper, generic versions.

Senate Judiciary Committee Democrats, led by Sen. Patrick
Leahy of Vermont, blocked action on the legislation last year.
But Sen. Robert G. Torricelli, D-N.J., promised to bring the bill
up again in 2000.
At A Glance: Workplace Regulations

The Issue: Congressional Republicans take aim at new
rules proposed by the Clinton Administration that are intended to
ward off job-related workplace injuries.
Key Players:

Rep. William F. Goodling, R-Pa., chairman of the House
Education and the Workforce Committee

Sen. Christopher S. Bond, R-Mo., chairman of the Senate
Small Business Committee
Recent Action: The House voted last year to block ergonomics
rules, but the Labor Department issued them on Nov. 22.
What to Watch: House committee hearings are scheduled on the
issue, and lawmakers could move to limit appropriations for the
enforcement of the rules.

LOAD-DATE: January 25, 2000

Document 2 of 2.


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