Labor Department set to release new ergonomics proposal

After several months of delays, the Labor Department is expected to announce its long-awaited position on ergonomics any day now, but labor organizations are not waiting around for the signal.

The AFL-CIO is already gearing up for battle over what is expected to be a call for "voluntary activity"--not a guidance or regulation to force private firms and government agencies to take steps to prevent injuries like repetitive motion and carpel tunnel disorder and compensate workers who develop these problems, as labor groups had hoped.

"This is being handled as a political issue," said Peg Seminario, AFL-CIO's occupational health and safety director. "We've been trying to approach this as a safety and health issue."

Labor organizations are seeking to work with Sen. John Breaux, D-La., and others on legislation the senator plans to reintroduce that would require the department to issue a regulation within two years. The AFL-CIO is also pushing for labor unions and state legislatures to address the issue, and exploring possible litigation.

Seminario said while the department already has voluntary programs and a general enforcement clause to address some of these issues, it is inadequate because science has shown the health problems can develop at work.

"The only thing they really haven't done is a standard. We're afraid we're going back," Seminario said, referring to former Labor Secretary Elizabeth Dole's call in 1990 for action on ergonomics. "Our concern is that they will state that the science is uncertain, then go through a rule on record keeping to define away the issue," Seminario added.

Labor opposed the recent recess appointment of Labor Department Solicitor Eugene Scalia, who questioned aspects of ergonomics.

While the Labor Department will not officially comment on the nature of the forthcoming announcement, congressional aides, labor advocates and business lobbyists all said it will be more in line with what industry wanted--suggestions on creating a workplace less likely to produce ergonomic injuries, but with no specific new enforcement mechanism.

Last year, Congress repealed the Clinton administration's ergonomics regulations, saying they were too burdensome to business. Some Republicans also cited the last-minute finalization of that rule as a "payback" to labor contributors to Democratic campaigns.

"We'd like to see the department move away from that approach and toward one that provides for cooperation and flexibility and focuses on results rather than punishment," said National Association of Manufacturers lobbyist Jill Pomeroy, who specializes in workplace safety issues, at an industry agenda briefing last week.

Industry officials said most companies want to provide a safe workplace, but were concerned with the costs and mandatory approach of the previous regulation. But labor officials said millions of workers will be left unprotected unless the government forces companies to change.

"Stay tuned," said a Labor Department spokeswoman.