Congress proposes new bill resurrecting the OSHA Ergonomics rule
A new bill was introduced late last week by U.S. Sen. Ed Markey (D-Mass.), Sen. Tina Smith (D-Minn.), and Sen. Bob Casey (D-Penn.), known as the Warehouse Worker Protection Act (WWPA). The legislation would significantly impact existing labor and safety regulations in this country by introducing new occupational safety and health standards and modifying existing labor laws.
The bill would require OSHA to pursue regulations addressing ergonomic hazards once again, such as repetitive motions that could lead to musculoskeletal disorders (MSDs). This measure was previously attempted in the late 1990s but was repealed by Congress under the Congressional Review Act. One reason the ergonomics regulation faced significant opposition was its potential to hold employers accountable for employee injuries or strains occurring outside the workplace, which could be classified as workplace injuries if the work environment exacerbated them. The WWPA would permit the introduction of similar regulations once again.
Employers would also be required to involve employees or their representatives in identifying hazards and conducting ergonomic job evaluations. This could lead to the implementation of costly workplace redesigns based on the highest level of ergonomic protection, including reconfiguring workplaces.
Additionally, the WWPA requires employers receiving a willful or repeat violation citation to abate the alleged hazard before exhausting all avenues of appeal. This would require employers to address hazards regardless of the outcome of their legal challenges. Presently, employers may pursue their challenges as far as possible prior to having to abate an alleged hazard.
According to Marc Freedman, VP of Workplace policy at the U.S. Chamber of Commerce, “Hazard abatement is often considerably more expensive than the penalties of a violation. Under the bill, they will have to abate an alleged hazard regardless of whether they prevail on their challenge, thereby denying them their due process rights.”
The Non-Ferrous Founders’ Society has joined more than 60 other organizations in calling on Congress to oppose the legislation. Read the full letter here.