S 1070 IS

To require the Secretary of Labor to wait for completion of a National Academy of Sciences study before promulgating a standard, regulation or guideline on ergonomics.

May 18 (legislative day, MAY 14), 1999

Mr. BOND (for himself, Mr. ENZI, Mr. JEFFORDS, Mr. BURNS, Mr. VOINOVICH, Ms. SNOWE, Mr. ASHCROFT, Mr. MCCONNELL, Mr. LOTT, Mr. NICKLES, Mr. HUTCHINSON, Mr. MACK, Mr. COVERDELL, Ms. COLLINS, Mr. SHELBY, Mr. KYL, Mr. FITZGERALD, Mr. ABRAHAM, Mr. GREGG, Mrs. HUTCHISON, Mr. HELMS, Mr. BUNNING, Mr. CRAPO, Mr. BENNETT, Mr. DEWINE, Mr. HAGEL, Mr. SESSIONS, Mr. CHAFEE, and Mr. BROWNBACK) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

To require the Secretary of Labor to wait for completion of a National Academy of Sciences study before promulgating a standard, regulation or guideline on ergonomics.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Sensible Ergonomics Needs Scientific Evidence Act' or the `SENSE Act'.

SEC. 2. FINDINGS.

Congress finds the following:

(1) The Department of Labor, through the Occupational Safety and Health Administration (referred to in this Act as `OSHA'), has announced that it plans to propose regulations during 1999 to regulate `ergonomics' in the workplace. A draft of OSHA's ergonomics regulation became available in February 19, 1999.

(2) In October 1998 Congress and the President agreed that the National Academy of Sciences shall conduct a comprehensive study of the medical and scientific evidence regarding musculoskeletal disorders. The study is intended to evaluate the basic questions about diagnosis and causes of such disorders. Given the uncertainty and dispute about these basic questions, and Congress' intention that they be addressed in a comprehensive study by the National Academy of Sciences, it is premature for OSHA to propose a regulation on ergonomics as being necessary or appropriate to improve workers' health and safety until such study is completed.

(3) An August 1998 workshop on `work related musculoskeletal injuries' held by the National Academy of Sciences reviewed existing research on musculoskeletal disorders. It showed that there is insufficient evidence to assess the level of risk to workers from repetitive motions.

(4) A July 1997 report by the National Institute for Occupational Safety and Health (NIOSH) reviewing epidemiological studies that have been conducted of `work related musculoskeletal disorders of the neck, upper extremity, and low back' showed that there is insufficient evidence to assess the level of risk to workers from repetitive motions. Such evidence would be necessary to write an efficient and effective regulation.

SEC. 3. DELAY OF STANDARD, REGULATION OR GUIDELINE.

The Secretary of Labor, acting through the Occupational Safety and Health Administration, may not propose or issue in final form any standard, regulation, or guideline on ergonomics until--

(1) the National Academy of Sciences--

(A) completes a peer-reviewed scientific study, as mandated by Public Law 105-277, of the available evidence examining a cause and effect relationship between repetitive tasks in the workplace and musculoskeletal disorders or repetitive stress injuries; and

(B) submits to Congress a report setting forth the findings resulting from such study; and

(2) the expiration of the 30-day period beginning on the date on which the final report under paragraph (1)(B) is submitted to Congress.

END