[Congressional Record Volume 146, Number 146 (Tuesday, November 14, 2000)]
[Senate]
[Pages S11515-S11516]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          OSHA ERGONOMICS RULE

  Mr. BOND. Mr. President, I rise to call to the attention of my 
colleagues and the many people across this Nation the fact that the 
Occupational Safety and Health Administration has rushed to judgment 
and published a huge, extremely burdensome ergonomics rule. They had 
talked about this previously with bipartisan support. We had included 
in the Labor-HHS bill, as well as others, legislative vehicles stating 
that they should not go forward with this measure because of the 
burdens it imposed. I have in my hand the voluminous computer printout 
of the rule. I chair the small business committee, and I can just see 
the thrill and excitement with which a small business will view this 
rule coming down on their backs.
  I hope this body can take action to stop the implementation of this 
rule

[[Page S11516]]

until OSHA itself and the scientific evidence can provide real guidance 
to small business and other businesses on how to reduce ergonomics 
injuries.
  In the last 7 years, the incidence of ergonomics injuries has gone 
down by a third--26 percent in carpal tunnel syndrome and 33 percent in 
tendonitis. It is in the interest of employers and employees to reduce 
to the greatest extent possible the very painful, time-consuming and 
profit-consuming impact of ergonomics injuries.
  Well, OSHA decided they had been working on this for a long time and 
they wanted to get something out the door before the Clinton 
administration left office. Our political friends said we have to have 
an ergonomics rule. This overrules State workers compensation laws and 
tells employees if they have an ergonomics injury, they can collect 
more workers comp than the State provides them. We are overruling State 
workers comp laws.
  It also tells employees that if you get an ergonomics injury--say you 
are in a bowling league on your own time, or you are crocheting in the 
evening and you come up with an ergonomics injury--if that is made 
worse by the job that you are doing, then your employer has had it. 
This ergonomics rule doesn't give any sound guidelines on how employers 
and employees working together can reduce ergonomics injuries. That is 
what we need from OSHA, not a punitive measure which says if somebody 
has an ergonomics injury, you are dead; your workers comp account is 
going to be held hostage and you are going to be subject to lawsuits.
  All this says is, that if the highway speed limit sign says don't 
drive too fast and you are driving down the road at what you think is a 
reasonable speed and a State trooper flags you over and says: You know 
what, you were going 40 miles an hour, and I think 35 miles an hour is 
a reasonable speed, so you are guilty. That is precisely what they 
propose to do with this ergonomics regulation, and it affects 
businesses of all sizes.
  I have talked to soft drink distributors who say: If we don't go out 
of business, we are going to have to buy equipment and get rid of 
employees to have machines doing the work. You can talk to people in 
the delivery business--express delivery or any other delivery 
business--and they know that no matter what they try to do, even if 
they continue to reduce the incidence of ergonomics injuries, any time 
there is an ergonomics injury, they are going to be held responsible 
even if they didn't initially cause it. Well, we have the Small 
Business Regulatory Enforcement and Fairness Act and we have lawsuits 
that are about to be filed by many organizations representing small 
business. I support those lawsuits. I hope this body can act to stop 
the implementation of this draconian rule.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Iowa now has 15 minutes.
  Mr. HARKIN. Mr. President, I understand I am recognized for up to 15 
minutes.
  The PRESIDING OFFICER. That is correct.

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