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Copyright 1999 The Houston Chronicle Publishing Company  
The Houston Chronicle

November 23, 1999, Tuesday 3 STAR EDITION

SECTION: A; Pg. 1

LENGTH: 1117 words

HEADLINE: OSHA reaches to help workers ;
Industry leaders will resist proposals for limiting repetitive stress injuries

SOURCE: Staff

BYLINE: DAVID IVANOVICH, Houston Chronicle Washington Bureau

DATELINE: WASHINGTON

BODY:
WASHINGTON - The Labor Department Monday proposed new, far-reaching rules aimed at curbing job-related back and repetitive stress injuries by forcing employers to alter work environments to better fit the physical limitations of their employees.

Labor officials estimate the new rules would affect 27 million workers at 1.9 million work sites across the country and could spare an estimated 300,000 employees annually from painful musculoskeletal dis-orders such as back injuries and carpal tunnel syndrome.

"We are compelled to act," said Charles Jeffress, assistant secretary of Labor and head of the Occupational Safety and Health Administration. "Employees are getting hurt."

The new rules would apply ergonomics, a relatively young science that attempts to adapt assembly lines, office furniture and other working conditions to better suit the worker, to help employees avoid work-related injuries.

An estimated 1.8 million American employees, from cashiers to poultry workers, nurses to mail sorters, suffer musculoskeletal injuries each year on the job, Labor officials said. About 600,000 are hurt seriously enough to require time off from work.

Such injuries can prevent a victim from performing even simple tasks such as combing hair or pushing a shopping cart. Women experience a disproportionate share of these injuries, including 70 percent of carpal tunnel cases and 62 percent of tendinitis cases.

Labor officials estimate complying with the new rules would cost American businesses about $ 4.2 billion a year. Employers, regulators figure, would spend an average $ 150 per work station each year to address ergonomic problems. And they estimate that by addressing ergonomic problems, employers could save more than $ 9 billion annually in workers' compensation claims.

"This is the smart thing to do because good ergonomics is good economics," Labor Secretary Alexis Herman said Monday.

But business leaders scoffed at the administration's cost projections. Kevin Burke, a lobbyist for the Food Distributors International, a trade group representing 242 grocery wholesale and food service distribution companies, called the government's estimates "absolutely ludicrous."

Burke pointed to a study that suggested his industry alone would incur $ 26 billion in costs the first year and $ 6 billion annually thereafter.

Business groups vowed to fight the proposal, both on Capitol Hill and in the courts if necessary. They criticized the new rules as being too broad and too vague, and they blasted Labor Department officials for failing to wait until after the National Academy of Sciences completes an on-going study on ergonomics and job-related injuries before moving forward.

"Frankly, they're afraid of what the results may be," said Randy Johnson, vice president of labor policy for the U.S. Chamber of Commerce.

Burke conceded, however, that even if the National Academy throws its support behind the proposed rules, business interests plan to fight in court.

"The Food Distributors International does not need OSHA's help on how to run our warehouses safely," Burke said.

The proposed ergonomics rules are targeted primarily at manufacturing jobs and those occupations requiring manual handling such as lifting and carrying.

The guidelines would grandfather in companies that have their own ergonomics programs - currently about 28 percent of all workplaces in general industry.

And they would allow a company that experiences a work-related injury to provide a "quick fix" to a problem area without implementing a full ergonomics program, as long as the employer eliminates the hazard within 120 days and does not suffer a similar injury within three years.

"The solutions are usually simple," Jeffress said. "They're obvious and relatively inexpensive."

The proposals also would ensure that workers who are forced to take time off work because of musculo-skeletal injuries incurred on the job receive 90 percent of their pay and 100 percent of their benefits. Employees transferred to lighter duties would be guaranteed full pay and benefits.

The regulations as proposed would not apply to the agriculture, construction or maritime industries, three sectors with long histories of work-related injuries. "We will address them at a later time," Jeffress said.

Labor officials plan to hold at least three hearings on the proposals next year. Herman said she hopes to have a final rule published by the end of next year, with the new regulations to take effect in 2001.

Monday's announcement was but the latest salvo in an eight-year-long guerrilla war between the Labor Department and business interests over an ergonomics rule.

By unveiling the proposed rules just three days after lawmakers left town for the holidays, the Clinton administration has thrown down a political challenge to a Republican-controlled Congress hostile to any new ergonomics rule.

The House has already passed a bill which would force regulators to wait until the National Academy of Sciences completes its report before publishing rule changes, while Sen. Christopher Bond, R-Mo., believes he has enough support for a similar measure in the Senate.

The agency is "almost thumbing its nose at Congress' intent," the Chamber's Johnson said.

Union leaders applauded the administration's decision to move forward.

"Despite an unrelenting and mean-spirited campaign by big business groups and anti-worker members of Congress to block these important protections, the public will finally have a chance to be heard," John Sweeney, president of the AFL-CIO, said in a prepared statement Monday.







Rising injury rates



Incidence rates for disorders associated with repeated trauma, including carpal tunnel syndrome and other conditions that result from repetitive motions.



Incidence rate per 10,000 full-time employees



1986 - 6.4

1987 - 10

1988 - 15.4

1989 - 19.2

1990 - 24.1

1991 - 29.7

1992 - 36.8

1993 - 38.3

1994 - 41.1

1995 - 37.8







Workplace numbers



25 / Median number of workdays an employee misses because of carpal tunnel syndrome.

42 / Percent of carpal tunnel syndrome cases that result in more that30 days away from work.

50 / Percent of U.S. employees who are not covered by a company ergonomics program.

70 / Percent of all lost workday carpal tunnel syndrome cases suffered by women.

$ 150 / Average annual cost to an employer for altering a job so that it will not cause a work-related musculoskeletal disorder.

600,000 / Number of injuries involving lost workdays per year due to musculosketal disorders.

1.8 million / Number of U.S. workers who annually suffer musculoskeletal disorders.

































GRAPHIC: Graphs: 1. Rising injury rates (color, text); 2. Workplace numbers (b/w, p. 8, text); 1. Edwin Louie / Chronicle, Source: Bureau of Labor Statistics Survey of Occupational Injuries and Illnesses, 1986-1995, 2. Edwin Louie / Chronicle, Source: Occupational Safety & Health Administration

LOAD-DATE: November 24, 1999




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