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Union Calendar No. 162

106TH CONGRESS

1ST SESSION H. R. 987

[Report No. 106–272]

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.

IN THE HOUSE OF REPRESENTATIVES

MARCH 4, 1999

Mr. BLUNT (for himself, Mr. BALLENGER, Mr. ARMEY, Mr. DELAY, Mr.

WATTS of Oklahoma, Mr. STENHOLM, Mr. GOODE, Mr. PICKETT, Mr.

BONILLA, Mr. BOEHNER, Mr. CUNNINGHAM, Mr. BURR of North Carolina, Mr. HEFLEY, Mr. MCINTOSH, Mr. PETERSON of Pennsylvania, Mr.

HALL of Texas, Mr. SISISKY, Mr. TANNER, Mr. JOHN, Mr. MARTINEZ,

Mr. CLEMENT, and Mr. GOODLING) introduced the following bill; which

was referred to the Committee on Education and the Workforce

JULY 29, 1999

Additional sponsors: Mr. TALENT, Mr. BACHUS, Mr. DICKEY, Mr. ISTOOK,

Mr. MILLER of Florida, Mr. NORWOOD, Mrs. ROUKEMA, Mr. RAMSTAD,

Mr. PICKERING, Mr. PORTER, Ms. DUNN, Mr. SUNUNU, Mr. COBLE, Mr.

FOSSELLA, Mr. KNOLLENBERG, Mrs. EMERSON, Mr. CHAMBLISS, Mr.

ISAKSON, Mr. GRAHAM, Mr. UPTON, Mr. SENSENBRENNER, Mrs.

CHENOWETH, Mr. TANCREDO, Mr. GARY MILLER of California, Mr.

HILL of Montana, Mr. HOBSON, Mr. COLLINS, Mr. SAM JOHNSON of

Texas, Mr. GOODLATTE, Mr. HILLEARY, Mr. ARCHER, Mr. GREEN of

Wisconsin, Mr. MCINNIS, Mr. TAYLOR of North Carolina, Mr. BURTON

of Indiana, Mr. FLETCHER, Mr. EHLERS, Mr. MCKEON, Mr. DEAL of

Georgia, Mr. HUTCHINSON, Mr. EWING, Mr. ADERHOLT, Mr. PAUL, Mr.

BASS, Mr. JENKINS, Mr. COX, Mr. BARRETT of Nebraska, Mrs. BONO,

Mr. NETHERCUTT, Mr. HORN, Mr. WICKER, Mrs. MYRICK, Ms. PRYCE

of Ohio, Mr. BRADY of Texas, Mr. BARTLETT of Maryland, Mr. POMBO,

Mr. MORAN of Kansas, Mr. HERGER, Mr. TAUZIN, Mr. NEY, Mr.

MCCRERY, Mr. GANSKE, Mr. DEMINT, Mrs. NORTHUP, Mr. SIMPSON,

Mrs. BIGGERT, Mr. EVERETT, Mr. TOOMEY, Mr. STUMP, Mr. RADANOVICH, Mr. BRYANT, Mr. HANSEN, Mr. DREIER, Mr. ROHRABACHER, Mr.
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WALDEN of Oregon, Mr. SKEEN, Mr. LEWIS of California, Mr. DOOLITTLE, Mr. EHRLICH, Mr. GIBBONS, Mr. SALMON, Mr. WATKINS, Ms.

GRANGER, Mr. BARTON of Texas, Mr. LINDER, Mr. PORTMAN, Mr.

HAYES, Mr. SCHAFFER, Mr. BARR of Georgia, Mr. WAMP, Mr. SCARBOROUGH, Mr. PITTS, Mr. HAYWORTH, Mr. SESSIONS, Mr. KOLBE, Mr.

WELDON of Florida, Mr. TIAHRT, Mr. CHABOT, Mr. MICA, Mr. LEWIS

of Kentucky, Mr. SOUDER, Mr. FOLEY, Mr. RYUN of Kansas, Mr. HYDE,

Mr. LARGENT, Mr. BLILEY, Mr. PEASE, Mr. CASTLE, Mr. BAKER, Mr.

GILLMOR, Mr. COMBEST, Mr. BUYER, Mr. GOSS, Mrs. FOWLER, Mr.

GREENWOOD, Mr. RILEY, Mr. HASTINGS of Washington, Mr. LUCAS of

Oklahoma, Mr. OXLEY, Mr. GUTKNECHT, Mr. MANZULLO, Mr. THUNE,

Mr. JONES of North Carolina, Mr. KINGSTON, Mr. WHITFIELD, Mr. CALVERT, Mr. LATHAM, Mr. KASICH, Mr. DUNCAN, Mr. ROGERS, Mr. SMITH

of Texas, Mr. CAMP, Mr. HOSTETTLER, Mr. STEARNS, Mr. MCCOLLUM,

Mr. HUNTER, Mr. CAMPBELL, Mr. SPENCE, Mr. THORNBERRY, Mrs.

CUBIN, and Mr. REYNOLDS

Deleted sponsors: Mr. MARTINEZ (added March 4, 1999; deleted April 21,

1999), Mr. BARCIA (added April 14, 1999; deleted July 21, 1999), Mr.

TRAFICANT (added April 14, 1999; deleted June 22, 1999), and Mr.

THOMPSON of Mississippi (added April 14, 1999; deleted May 18, 1999)

JULY 29, 1999

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Workplace Preserva5 tion Act’’.

6 SEC. 2. FINDINGS.

7 (a) Congress finds the following:
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1 (1) The Department of Labor, Occupational

2 Safety and Health Administration (OSHA) has an3 nounced that it plans to propose regulations during

4 1999 to regulate ‘‘ergonomics’’ in the workplace. A

5 draft of OSHA’s ergonomics regulation became

6 available in January 1999.

7 (2) A July, 1997, report by the National Insti8 tute for Occupational Safety and Health (NIOSH)

9 reviewing epidemiological studies that have been con10 ducted of ‘‘work related musculoskeletal disorders of

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

12 that there is insufficient evidence to assess the level

13 of risk to workers from repetitive motions. Such

14 characterization would be necessary to write an effi15 cient and effective regulation.

16 (3) An August 1998, workshop on ‘‘work re17 lated musculoskeletal injuries’’ held by the National

18 Academy of Sciences also reviewed existing research

19 on musculoskeletal disorders. It also showed that

20 there is insufficient evidence to assess the level of

21 risk to workers from repetitive motions.

22 (4) The risk of OSHA imposing a ‘‘solution’’ to

23 ailments and disorders that are grouped as ‘‘repet24 itive stress injuries’’ and ‘‘musculoskeletal disorders’’

25 before sufficient information about the diagnosis,
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1 causes, and prevention of such injuries and disorders

2 is shown by the fact that such disorders have often

3 increased in workplaces and industries in which

4 OSHA has focused ergonomics-related enforcement

5 actions under the General Duty Clause of the Occu6 pational Safety and Health Act, while such disorders

7 have been decreasing in workplaces generally.

8 (5) In October, 1998, Congress and the Presi9 dent agreed upon a comprehensive study by the Na10 tional Academy of Science of the medical and sci11 entific evidence regarding musculoskeletal disorders.

12 The study is intended to evaluate the basic questions

13 about diagnosis and causes of such disorders. Given

14 the level of uncertainty and dispute about these

15 basic questions, and Congress’ intention that they be

16 addressed in a comprehensive study by the National

17 Academy of Science, it is premature for OSHA to

18 decide that a regulation on ergonomics is necessary

19 or appropriate to improving workers’ health and

20 safety before such study is completed.

21 (6) The estimated costs of OSHA’s proposed

22 ergonomics regulation range from OSHA’s low na23 tional estimate of $20,000,000,000 to some single

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

25 $30,000,000,000. Any regulation with this potential
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1 impact on the Nation’s economy merits a sound sci2 entific and medical foundation.

3 SEC. 3. DELAY OF STANDARD OR GUIDELINE.

4 The Secretary of Labor, acting through the Occupa5 tional Safety and Health Administration, may not promul6 gate or issue any standard or guideline on ergonomics

7 until the National Academy of Sciences—

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

9 the available evidence examining a cause and effect

10 relationship between repetitive tasks in the work11 place and musculoskeletal disorders or repetitive

12 stress injuries; and

13 (2) submits to Congress a report setting forth

14 the findings resulting from such study.
Union Calendar No. 162

106TH CONGRESS

1ST SESSION H. R. 987

[Report No. 106–272]

A BILL

To require the Secretary of Labor to wait for comergonomics. before promulgating a standard or guideline on pletion of a National Academy of Sciences study

JULY 29, 1999

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed