[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2184 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2184

    To provide for the reissuance of a rule relating to ergonomics.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 17, 2002

 Mr. Breaux (for himself, Mr. Specter, Mrs. Lincoln, Ms. Landrieu, Mr. 
Cleland, Mr. Johnson, Mr. Baucus, Mr. Bayh, Mrs. Clinton, Mr. Dodd, Mr. 
Edwards, Mr. Feingold, Mrs. Feinstein, Mr. Kennedy, Mr. Lieberman, Mrs. 
Murray, Ms. Stabenow, Mr. Wellstone, Mr. Levin, Mr. Bingaman, Mr. Reed, 
Mr. Harkin, Ms. Mikulski, Mr. Durbin, Mr. Jeffords, Mr. Dayton, and Ms. 
   Cantwell) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To provide for the reissuance of a rule relating to ergonomics.

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

SECTION 1. AUTHORITY TO ISSUE A RULE RELATING TO ERGONOMICS.

    (a) Findings.--Congress makes the following findings:
            (1) The National Academy of Sciences issued a report 
        entitled `Musculoskeletal Disorders and the Workplace--Low Back 
        and Upper Extremities' on January 18, 2001. The report was 
        issued after the Occupational Safety and Health Administration 
        promulgated a final rule relating to ergonomics (published at 
        65 Fed. Reg. 68261 (2000)).
            (2) According to the National Academy of Sciences, 
        musculoskeletal disorders of the low back and upper extremities 
        are an important and costly national health problem. An 
        estimated 1,000,000 workers each year lose time from work as a 
        result of work-related musculoskeletal disorders.
            (3) Conservative estimates of the economic burden imposed 
        by work-related musculoskeletal disorders, as measured by 
        compensation costs, lost wages, and lost productivity, are 
        between $45,000,000,000 and $54,000,000,000 annually.
            (4) Congress enacted the Occupational Safety and Health Act 
        of 1970 (29 U.S.C. 651 et seq.) to `assure so far as possible 
        every working man and woman in the Nation safe and healthful 
        working conditions,' and charged the Secretary of Labor with 
        implementing the Act to accomplish this purpose.
            (5) Promulgation of a standard on workplace ergonomics is 
        needed to address a serious workplace safety and health problem 
        and to protect working men and women from work-related 
        musculoskeletal disorders. Any workplace ergonomics standard 
        should take into account the cost and feasibility of compliance 
        with such requirements and the sound science of the National 
        Academy of Sciences report.
    (b) Authority to Issue Rule.--
            (1) In general.--Notwithstanding any other provision of 
        law, not later than 2 years after the date of enactment of this 
        Act, the Secretary of Labor shall, in accordance with section 6 
        of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
        655), issue a final rule relating to ergonomics. The standard 
        under the final rule shall take effect not later than 90 days 
        after the date on which the rule is promulgated.
            (2) Requirements for standard.--The standard described in 
        paragraph (1) shall--
                    (A) address work-related musculoskeletal disorders 
                and workplace ergonomic hazards;
                    (B) not apply to musculoskeletal disorders that are 
                not related to work;
                    (C) set forth in clear terms--
                            (i) the circumstances under which an 
                        employer is required to take action to address 
                        ergonomic hazards;
                            (ii) the measures required of an employer 
                        under the standard; and
                            (iii) the compliance obligations of an 
                        employer under the standard;
                    (D) emphasize the prevention of injuries before 
                they occur; and
                    (E) cover all industries where workers are exposed 
                to workplace ergonomic hazards and there are 
                economically and technologically feasible measures to 
                control these hazards.
            (3) Basis for standard.--The standard described in 
        paragraph (1) shall be based upon--
                    (A) the best available evidence, including the 
                complete record of evidence assembled by the Department 
                of Labor on ergonomics in Docket S-777, initiated 
                August 3, 1992; and
                    (B) employer and industry practices that have 
                effectively reduced exposures to ergonomic hazards and 
                the occurrence of work-related musculoskeletal 
                disorders.
        In promulgating the standard, the Secretary shall consider 
        existing standards on ergonomics or preventing work-related 
        musculoskeletal disorders established by national consensus or 
        recognized private standard setting organizations, States, and 
        other countries.
            (4) Authorization.--Paragraph (1) shall be considered a 
        specific authorization by Congress in accordance with section 
        801(b)(2) of title 5, United States Code, with respect to the 
        issuance of a new ergonomic rule.
            (5) Prohibition.--In issuing a new rule under this 
        subsection, the Secretary of Labor shall ensure that nothing in 
        the rule expands the application of State workers' compensation 
        laws.
            (6) Standard setting authority.--Nothing in this subsection 
        shall be construed to restrict or alter the authority of the 
        Secretary of Labor under the Occupational Safety and Health Act 
        of 1970 (29 U.S.C. 651 et seq.) to adopt health or safety 
        standards (as defined in section 3(8) (29 U.S.C. 652(8)) of 
        such Act) pursuant to section 6 (29 U.S.C. 655) of such Act.
            (7) Information and training materials.--The Secretary of 
        Labor shall, prior to the date on which the new rule under this 
        subsection becomes effective, develop information and training 
        materials, and implement an outreach program and other 
        initiatives, to provide compliance assistance to employers and 
        employees concerning the new rule and the requirements under 
        the rule.
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