IIB

106TH CONGRESS

1ST SESSION H. R. 987

IN THE SENATE OF THE UNITED STATES

AUGUST 4, 1999

Received; read twice and referred to the Committee on Health, Education,

Labor, and Pensions

AN ACT

To require the Secretary of Labor to wait for completion

of a National Academy of Sciences study before promulgating a standard or guideline on ergonomics.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Workplace Preserva3 tion Act’’.

4 SEC. 2. FINDINGS.

5 (a) Congress finds the following:

6 (1) The Department of Labor, Occupational

7 Safety and Health Administration (OSHA) has an8 nounced that it plans to propose regulations during

9 1999 to regulate ‘‘ergonomics’’ in the workplace. A

10 draft of OSHA’s ergonomics regulation became

11 available in January 1999.

12 (2) A July, 1997, report by the National Insti13 tute for Occupational Safety and Health (NIOSH)

14 reviewing epidemiological studies that have been con15 ducted of ‘‘work related musculoskeletal disorders of

16 the neck, upper extremity, and low back’’ showed

17 that there is insufficient evidence to assess the level

18 of risk to workers from repetitive motions. Such

19 characterization would be necessary to write an effi20 cient and effective regulation.

21 (3) An August 1998, workshop on ‘‘work re22 lated musculoskeletal injuries’’ held by the National

23 Academy of Sciences also reviewed existing research

24 on musculoskeletal disorders. It also showed that

25 there is insufficient evidence to assess the level of

26 risk to workers from repetitive motions.
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1 (4) The risk of OSHA imposing a ‘‘solution’’ to

2 ailments and disorders that are grouped as ‘‘repet3 itive stress injuries’’ and ‘‘musculoskeletal disorders’’

4 before sufficient information about the diagnosis,

5 causes, and prevention of such injuries and disorders

6 is shown by the fact that such disorders have often

7 increased in workplaces and industries in which

8 OSHA has focused ergonomics-related enforcement

9 actions under the General Duty Clause of the Occu10 pational Safety and Health Act, while such disorders

11 have been decreasing in workplaces generally.

12 (5) In October, 1998, Congress and the Presi13 dent agreed upon a comprehensive study by the Na14 tional Academy of Science of the medical and sci15 entific evidence regarding musculoskeletal disorders.

16 The study is intended to evaluate the basic questions

17 about diagnosis and causes of such disorders. Given

18 the level of uncertainty and dispute about these

19 basic questions, and Congress’ intention that they be

20 addressed in a comprehensive study by the National

21 Academy of Science, it is premature for OSHA to

22 decide that a regulation on ergonomics is necessary

23 or appropriate to improving workers’ health and

24 safety before such study is completed.
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1 (6) The estimated costs of OSHA’s proposed

2 ergonomics regulation range from OSHA’s low na3 tional estimate of $20,000,000,000 to some single

4 industry costs of $18,000,000,000 to

5 $30,000,000,000. Any regulation with this potential

6 impact on the Nation’s economy merits a sound sci7 entific and medical foundation.

8 SEC. 3. DELAY OF STANDARD OR GUIDELINE.

9 The Secretary of Labor, acting through the Occupa10 tional Safety and Health Administration, may not promul11 gate or issue any standard or guideline on ergonomics

12 until the National Academy of Sciences—

13 (1) completes a peer-reviewed scientific study of

14 the available evidence examining a cause and effect

15 relationship between repetitive tasks in the work16 place and musculoskeletal disorders or repetitive

17 stress injuries; and

18 (2) submits to Congress a report setting forth

19 the findings resulting from such study.

Passed the House of Representatives August 3,

1999.

Attest: JEFF TRANDAHL,

Clerk.

By MARTHA C. MORRISON,

Deputy Clerk.