The Reluctant Regulation
by P.J. Edington
To understand where the regulators are going with ergonomics, it is important to keep your eyes on three key organizations--California OSHA, ANSI Committee Z365 and federal OSHA.
Cal OSHA
California has been trying to pass a video-display-terminal regulation since 1983. Somewhere along the line, advocates for the VDT regulation broadened their scope to include ergonomics in general.
State Senator Tom Hayden finally pushed through a bill requiring an ergonomics regulation to be enacted by 1994. When the California Standards Board did not meet that mandate, labor unions filed suit. The judge then gave the board 18 months to write a standard. After limited hearings, the board came up an abbreviated regulation that was finalized in November 1996.
Two significant points about this regulation: Virtually none of the stakeholders support it, and despite its beginnings, it no longer includes specific VDT language.
In January, the Office of Administrative Law rejected the regulation because it did not meet "clarity" requirements. The regulation was returned to the board to rewrite. They have until May 1, 1997, to clean up the "unclear language."
This regulation is generally more reasonable than standards circulating in other arenas. It makes employers aware of their responsibilities for repetitive-motion injuries without prescribing a specific program. It has a trigger of two or more RMI's in a 12-month period and requires implementation of an ergonomics program, training and responsible measures to minimize RMI's. It also has a small-business exemption.
Even if the fuzzy language is cleared up, all is not well for this standard. The AFL-CIO filed suit in early December opposing some of its provisions. Also, the American Trucking Association has threatened to file suit when the regulation is adopted since, it says, the regulation is vague, not supported by science and would have an unfavorable impact on the trucking industry.
It appears that June 1 is the earliest California could have a regulation in place.
ANSI Z365
The American National Standards Institute formulates voluntary national standards on everything from pipe fittings to computer workstations. ANSI Committee Z365 has been deliberating for five years on work-related cumulative-trauma disorders.
The current 20-page standard includes principles and practices to control only "upper extremities," since it looked like nothing would ever get done if the committee tried for a more general, OSHA-like standard. This standard will be important to all businesses, since OSHA is mandated under the law to use "consensus" standards where possible. Under the General Duty Clause--which OSHA uses when there is no specific rule to cover a hazard--OSHA will be able to use the ANSI standard even if OSHA does not have its own standard. This makes the ANSI committee work very important.
The public-comment period is the time to voice your opinion on this voluntary standard that may become the basis for enforcement and other standards. It is important that the committee hear from you, because it is heavily populated with academics, consultants and government people, while the "materially and directly affected" have not had a large voice.
Fed OSHA
With the departures of Labor Secretary Robert Reich and OSHA Administrator Joe Dear, OSHA's 1997 schedule has been pushed back. During March, the agency was busy trying to confirm its new secretary, Alexis Herman.
Acting OSHA Director Greg Watchman is a big proponent of health-and-safety programs and will probably focus on several standards, including the safety-and-health-program standard. He has appointed OSHA staffer Nancy Adams as the new OSHA ergonomics coordinator. The good news is, they are going to take a fresh look at a new regulation. They will not be re-issuing last year's 600-page draft standard.
So there is a snap shot of where ergonomics regulations are today. But don't blink--this could all change tomorrow.
P.J. Edington is the executive director of the Center for Office Technology. E-mail, 75053.3137@compuserve.com; phone, (703) 684-7760; fax, (703) 684-4554.