The Occupational Safety and Health Administration recently issued its formal Notice of Proposed Rulemaking on ergonomics. The 1,000-page proposal, issued the day after Congress adjourned for the year, contains numerous requirements with which wholesale bakers would have to comply. In addition, the proposed regulation sets up a new workers compensation scheme just for "repetitive stress injuries", bans post accident drug testing, and discourages safety incentive programs.

"This is the most far-reaching intrusion into the workplace by OSHA ever," said ABA Vice President Government Relations Robb MacKie, "This reckless rush to regulate stands the concept of regulations based on sound scientific principles on its head."

The proposed regulation would require bakers with a worker who reports an ergonomic injury, including aches and pains, or a condition with the potential to cause an ergonomic injury to make changes in that part of the workplace. Such steps could include slowing down production speeds, adding more workers, or equipment modifications. Such modifications would have to continue until there were no reported injuries or potential causes of injuries for a full year. Essentially, bakers might never be in compliance.

"We are extremely disappointed that the congressional leadership didn't act to prevent the release of this monstrosity," said MacKie, who co-chairs the National Coalition on Ergonomics Lobbying Task Force. The NCE is the 300-plus member coalition organized to insert sound science into the ergonomics rulemaking. "If the leadership had fulfilled its commitment at the end of the legislative session we wouldn't be faced with a lengthy and costly regulatory and legal fight."

ABA is already gearing up to challenge the proposed regulation on a number of fronts. The first step ABA is taking is asking for an extension of the current 60-day comment period. In addition, ABA is sifting through the enormous proposal to provide the wholesale baking industry with a detailed summary and impact analysis.

"We are aggressively pursuing legislative action and plan to fully participate in the rulemaking process. We also are reviewing any legal options that may be available," said MacKie, "ABA is calling on all of its members to communicate their outrage at this proposal to their elected representatives and to OSHA itself."

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