CIS/Index
Copyright © 2000, Congressional Information
Service, Inc.
00 CIS S 43117
TITLE:
Ergonomics Rule: OSHA's Interference with State Workers'
Compensation
CIS-NO: 2000-S431-17
SOURCE: Committee on
Health, Education, Labor, and Pensions. Senate
DOC-TYPE: Hearing Retrieve
the full text of testimony
DOC-NO: S. Hrg. 106-529
DATE: Apr. 27, 2000
LENGTH: iii+168 p.
CONG-SESS:
106-2
ITEM-NO: 1043-A; 1043-B
SUDOC:
Y4.L11/4:S.HRG.106-529
MC-ENTRY-NO: 2000-17423
CIS
DOCUMENT ON DEMAND: 1-800-227-2477 (Full Text Reproductions)
SUMMARY:
Hearing before the Subcom on Employment,
Safety, and Training to review OSHA proposed rulemaking to promulgate a national
ergonomics standard to address concerns about the relationship
between repetitive workplace tasks and musculoskeletal disorders. Focuses on
work restriction protection (WRP) provision to require employers to compensate
certain injured employees.
Examines possibility that proposed
work restriction protection may violate Occupational Safety and Health Act
provisions prohibiting OSHA from taking any action that supersedes or otherwise
affects State worker compensation laws.
CONTENT-NOTATION: Musculoskeletal disorders and
ergonomics in workplace, OSHA standard impact on State worker
compensation laws
DESCRIPTORS:
SUBCOM ON EMPLOYMENT, SAFETY, AND TRAINING. SENATE;
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION; MUSCULOSKELETAL DISEASES;
OCCUPATIONAL HEALTH AND SAFETY REGULATION; WORKERS' COMPENSATION; FEDERAL-STATE
RELATIONS; STATE LAWS; COMMERCIAL LAW; ERGONOMICS; OCCUPATIONAL
SAFETY AND HEALTH ACT
00-S431-17 TESTIMONY NO: 1 Apr.
27, 2000 p. 3-68
WITNESSES (and witness notations):
JEFFRESS, CHARLES N. (Assistant Secretary, Occupational
Safety and Health, DOL)
STATEMENT AND DISCUSSION:
Overview of OSHA proposed national
ergonomics standard rulemaking, with specifics on and legality
of WRP provision; relationship between WRP and State worker compensation laws.
INSERTION:
-- Aurbach, Robert M. (NMex
Workers' Compensation Admin), "Legal Analysis in Aid of Small Business
Regulatory Fairness Act: Review of OSHA Working Draft of Proposed
Ergonomics Program Standard" (p. 31-44).
CONTENT
NOTATION:
Musculoskeletal disorders and
ergonomics in workplace, OSHA standard impact on State worker
compensation laws
TESTIMONY DESCRIPTORS:
NEW MEXICO WORKERS' COMPENSATION ADMINISTRATION; SMALL
BUSINESS REGULATORY FAIRNESS ACT
00-S431-17 TESTIMONY
NO: 2 Apr. 27, 2000 p. 68-168
WITNESSES (and
witness notations):
AURBACH, ROBERT M. (General Counsel,
New Mexico Workers' Compensation Administration; representing Western Governors'
Association)
BAULIG, LAURIE T. (attorney)
SMITH, M. PATRICIA (Assistant Attorney General, In Charge,
Labor Bureau, New York State Attorney General's Office)
OXFELD, ERIC J. (President, UWC-Strategic Services on
Unemployment & Workers' Compensation)
STATEMENTS AND
DISCUSSION:
Differing views on legality of WRP provision
of OSHA proposed ergonomic standards rulemaking; elaboration on
WRP-related legal issues involving State workers' compensation systems;
criticism of various aspects of OSHA ergonomic standards
rulemaking.
INSERTION:
-- Aurbach, R. M.;
and Clough, John H., "Written Comment to OSHA's Proposed Health Standard on
Ergonomics" (p. 120-167).
CONTENT NOTATION:
Musculoskeletal disorders and ergonomics
in workplace, OSHA standard impact on State worker compensation laws
TESTIMONY DESCRIPTORS:
NEW YORK STATE DEPARTMENT OF
LAW 
