Committee on Education and the Workforce

WASHINGTON – House Education and the Workforce Committee Chairman Bill Goodling (R-PA); Workforce Protections Subcommittee Chairman Cass Ballenger (R-NC); Employer-Employee Relations Subcommittee Chairman John Boehner (R-OH); and Oversight and Investigations Subcommittee Chairman Pete Hoekstra (R-MI) and Vice Chairman Charlie Norwood (R-GA) issued the following statement today regarding the ergonomics rule that will be published in the Federal Register by the Occupational Safety and Health Administration (OSHA) on Tuesday, Nov. 23:

"We are disappointed that OSHA will publish this rule tomorrow. There is a great deal of scientific and medical uncertainty and debate about repetitive stress disorders and ergonomics. Our committee’s Workforce Protections Subcommittee conducted several hearings during the past two years and received testimony from leading physicians, medical researchers, and industrial hygienists on repetitive stress disorders. One thing is clear from their testimony: there does not yet exist a consensus among professionals on the causes and effects of musculoskeletal disorders in the workplace.

"What OSHA fails to realize is that an ergonomics regulation would be a substantial mandated cost on American companies and the economy. OSHA’s own conservative estimate shows that the regulation could cost $4.2 billion per year. At the same time, the Small Business Administration, an independent government agency that analyzes the impact of federal rules on small businesses, said OSHA had grossly underestimated the cost of its rules and probably overstated the benefits. According to SBA, the annual cost to employers could easily exceed $18 billion. The Food Distributors International claims that the cost could be as high as $26 billion for its industry alone.

"The House has been fully engaged on this issue. In October 1998, Congress appropriated almost $1 million for a non-partisan study by the National Academy of Sciences focusing on the relationship between repetitive tasks and repetitive stress injuries. On August 3, the House passed the Workplace Preservation Act, sponsored by Rep. Roy Blunt of Missouri, to prohibit OSHA from issuing a proposed or final rule on workplace ergonomics until after the academy completes its study in 2001. 

"Despite these actions by Congress, OSHA has decided to publish its rule anyway, the first business day after Congress has adjourned for the year. If OSHA meets its own timetable for this regulation, the final ergonomics rule will be in place before the academy study is completed, and the study will be wasted.

"This debate isn’t about whether we need to ensure safety in the workplace for American workers. There can be no debate about that. Rather, the debate is about whether we expect regulatory agencies to base their rules on medical evidence and sound science.

"We are not prohibiting OSHA from regulating ergonomics. At this point, however, we simply do not have the scientific and medical proof to back up OSHA’s proposed rule. The academy report would be very helpful to OSHA in devising a sound policy. OSHA should wait the remaining 14 months for the academy to complete its mandated study."

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