House votes to overturn Clinton era ergonomics rule

With a close vote and some help from moderate Democrats, House Republicans Wednesday chucked out a Clinton era requirement directing employers to develop programs and compensate workers for job-related, repetitive motion injuries by a 223-206 vote.

Republicans lost 13 votes, including Reps. Steve Horn, R-Calif., Mike Ferguson, R-N.J., and Sherwood Boehlert, R-N.Y., while Democrats lost 16 votes to the GOP side, including Reps. Ralph Hall, Charles Stenholm and Jim Turner, all of Texas, and Rep. Allen Boyd of Florida.

Opponents of the ergonomics regulation--who said it was too broad, would put employers out of business and override current voluntary ergonomics efforts--praised the vote. If the Clinton rule were allowed to stand, it would "drive our best jobs overseas," said Rep. Anne Northup, R-Ky., who cosponsored the measure to overturn the rule with Rep. Henry Bonilla, R-Texas. Democrats said the issue is now dead.

"This is a sorry day in the House of Representatives, in what I'm afraid is going to be a sorry week," said Minority Leader Gephardt during the debate.

He also lambasted Republicans for recessing for three hours in the middle of the day rather than allowing debate.

Labor Secretary Elaine Chao met with some moderate Republicans today on Capitol Hill, assuring them she would address ergonomics even if the rule were overturned. But Democrats said she is prevented from issuing new regulations that are "substantially similar" to the old ones without an act of Congress.

"If she does come up with something, it will be challenged in court. We'll be spending years in litigation and doing nothing for these people [with injuries,]" said one Democratic aide.

"In one hour of debate tonight, we're going to throw that standard out," Education and the Workforce ranking member George Miller , D-Calif., said during the debate, referring to the time reserved for debate under House rules.

The bill to end the regulation passed 56-44 Tuesday night in the Senate, with six Democrats crossing party lines, after 10 hours of debate. No Senate Republicans strayed from the party position.

President Bush is expected to sign the measure.

Democrats said the vote to overturn the ergonomics regulation is the fourth blow to working families this year, including the tax cut, bankruptcy reform and a delay of medical privacy regulations.

"People will pay with their livelihood for rolling back these rules," said Rep. Rosa DeLauro, D-Conn., at a news conference Wednesday.

As expected, employers and insurers backed the vote.

"If allowed to stand, the rule would ultimately jeopardize the benefits of workers whom the workers' compensation system is designed to protect," said John Savercool, American Insurance Association president.

"Tonight's bipartisan vote was a triumph of reason and common sense that turned back an exceptionally flawed regulation," said National Association of Manufacturers President Jerry Jasinowski.