NCE
Home
Who We Are
Join NCE
Contact Us

NEWS
What's the Latest?
Ergonomics News
Calendar
OSHA's Standard
Effective Dates

FACT & OPINION
Ergonomic Facts
Opinions
Law

LITIGATION
Suits Filed
Status Report



FOR IMMEDIATE RELEASE                               November 13, 2000
Ed Gilroy – 202-544-6245

Statement Of Ed Gilroy,
Co-Chair Of The National Coalition On Ergonomics,
On OSHA's Ergonomics Rulemaking

Washington - Collectively, the individuals, physicians, companies (including, public-sector employers) and trade associations that comprise the National Coalition on Ergonomics employ millions of American workers, in virtually every segment of American industry. Our members are fully committed to providing their employees with a safe and healthy workplace. Not only because it is good business practice, and but because its the right thing to do. Due to this commitment the incidence of repetitive stress complaints has shown a steady decline in recent years. In fact, according to the Dept. of Labor's own statistics, these complaints have declined by 34 percent during the past three years.

The NCE is convinced that the ergonomics standard being issued today by the Occupational Health and Safety Administration (OSHA) will do little to enhance our ongoing efforts to improve workplace safety. The NCE fears that that new rule, without any guarantee from OSHA that a single injury will be prevented, will do more harm than good. At the very least, the rule will impose enormous new costs on American businesses that may very well lead to significant job loss, or reduced salaries and benefits.

The NCE also is troubled that OSHA has acted despite Congress making clear its opposition to this rulemaking. Earlier this year, both the House of Representatives and the Senate passed legislation - on a bipartisan basis - that would have prevented OSHA from rushing forward with its ergonomics regulation. For reasons only OSHA can explain, the agency has elected to ignore the will of the Congress and moved forward with its ill-conceived proposal. The NCE strongly believes that Congress should continue to insist on the ergonomics legislation it previously passed when it returns to complete its unfinished business.

For these reasons, the National Coalition on Ergonomics is compelled to file suit in federal court challenging OSHA's ergonomics rulemaking. The NCE takes this action reluctantly, as it has always considered litigation an avenue of last resort. It is the agency, and its inexplicable rush to publish this regulation while significant scientific and medical questions remain unanswered, that has precipitated this action. In short, it is OSHA that has prompted this lawsuit. And, while we regret that litigation has become necessary, we intend to pursue it vigorously - and, ultimately, we believe, successfully.

Regardless of the legal action being taken by the NCE, the business community will continue to meet its obligations to its employees. The NCE and its member companies and organizations are firmly committed to providing their employees with a safe and healthy workplace. But, we remain steadfast in our belief that any regulation in the area of ergonomics must be based on the best scientific and medical information available. In that regard, unfortunately, OSHA has badly missed the mark.