[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1070 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1070

To require the Secretary of Labor to wait for completion of a National 
Academy of Sciences study before promulgating a standard, regulation or 
                        guideline on ergonomics.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 18 (legislative day, May 14), 1999

     Mr. Bond (for himself, Mr. Enzi, Mr. Jeffords, Mr. Burns, Mr. 
   Voinovich, Ms. Snowe, Mr. Ashcroft, Mr. McConnell, Mr. Lott, Mr. 
  Nickles, Mr. Hutchinson, Mr. Mack, Mr. Coverdell, Ms. Collins, Mr. 
     Shelby, Mr. Kyl, Mr. Fitzgerald, Mr. Abraham, Mr. Gregg, Mrs. 
Hutchison, Mr. Helms, Mr. Bunning, Mr. Crapo, Mr. Bennett, Mr. DeWine, 
Mr. Hagel, Mr. Sessions, Mr. Chafee, and Mr. Brownback) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Labor to wait for completion of a National 
Academy of Sciences study before promulgating a standard, regulation or 
                        guideline on ergonomics.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sensible Ergonomics Needs Scientific 
Evidence Act'' or the ``SENSE Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Department of Labor, through the Occupational 
        Safety and Health Administration (referred to in this Act as 
        ``OSHA''), has announced that it plans to propose regulations 
        during 1999 to regulate ``ergonomics'' in the workplace. A 
        draft of OSHA's ergonomics regulation became available in 
        February 19, 1999.
            (2) In October 1998 Congress and the President agreed that 
        the National Academy of Sciences shall conduct a comprehensive 
        study of the medical and scientific evidence regarding 
        musculoskeletal disorders. The study is intended to evaluate 
        the basic questions about diagnosis and causes of such 
        disorders. Given the uncertainty and dispute about these basic 
        questions, and Congress' intention that they be addressed in a 
        comprehensive study by the National Academy of Sciences, it is 
        premature for OSHA to propose a regulation on ergonomics as 
        being necessary or appropriate to improve workers' health and 
        safety until such study is completed.
            (3) An August 1998 workshop on ``work related 
        musculoskeletal injuries'' held by the National Academy of 
        Sciences reviewed existing research on musculoskeletal 
        disorders. It showed that there is insufficient evidence to 
        assess the level of risk to workers from repetitive motions.
            (4) A July 1997 report by the National Institute for 
        Occupational Safety and Health (NIOSH) reviewing 
        epidemiological studies that have been conducted of ``work 
        related musculoskeletal disorders of the neck, upper extremity, 
        and low back'' showed that there is insufficient evidence to 
        assess the level of risk to workers from repetitive motions. 
        Such evidence would be necessary to write an efficient and 
        effective regulation.

SEC. 3. DELAY OF STANDARD, REGULATION OR GUIDELINE.

    The Secretary of Labor, acting through the Occupational Safety and 
Health Administration, may not propose or issue in final form any 
standard, regulation, or guideline on ergonomics until--
            (1) the National Academy of Sciences--
                    (A) completes a peer-reviewed scientific study, as 
                mandated by Public Law 105-277, of the available 
                evidence examining a cause and effect relationship 
                between repetitive tasks in the workplace and 
                musculoskeletal disorders or repetitive stress 
                injuries; and
                    (B) submits to Congress a report setting forth the 
                findings resulting from such study; and
            (2) the expiration of the 30-day period beginning on the 
        date on which the final report under paragraph (1)(B) is 
        submitted to Congress.
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