II

106TH CONGRESS

1ST SESSION S. 1070

To require the Secretary of Labor to wait for completion of a National

Academy of Sciences study before promulgating a standard, regulation

or guideline on ergonomics.

IN THE SENATE OF THE UNITED STATES

MAY 18 (legislative day, MAY 14), 1999

Mr. BOND (for himself, Mr. ENZI, Mr. JEFFORDS, Mr. BURNS, Mr.

VOINOVICH, Ms. SNOWE, Mr. ASHCROFT, Mr. MCCONNELL, Mr. LOTT,

Mr. NICKLES, Mr. HUTCHINSON, Mr. MACK, Mr. COVERDELL, Ms. COLLINS, Mr. SHELBY, Mr. KYL, Mr. FITZGERALD, Mr. ABRAHAM, Mr.

GREGG, Mrs. HUTCHISON, Mr. HELMS, Mr. BUNNING, Mr. CRAPO, Mr.

BENNETT, Mr. DEWINE, Mr. HAGEL, Mr. SESSIONS, Mr. CHAFEE, and

Mr. BROWNBACK) introduced the following bill; which was read twice and

referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To require the Secretary of Labor to wait for completion

of a National Academy of Sciences study before promulgating a standard, regulation 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 ‘‘Sensible Ergonomics

5 Needs Scientific Evidence Act’’ or the ‘‘SENSE Act’’.
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1 SEC. 2. FINDINGS.

2 Congress finds the following:

3 (1) The Department of Labor, through the Oc4 cupational Safety and Health Administration (re5 ferred to in this Act as ‘‘OSHA’’), has announced

6 that it plans to propose regulations during 1999 to

7 regulate ‘‘ergonomics’’ in the workplace. A draft of

8 OSHA’s ergonomics regulation became available in

9 February 19, 1999.

10 (2) In October 1998 Congress and the Presi11 dent agreed that the National Academy of Sciences

12 shall conduct a comprehensive study of the medical

13 and scientific evidence regarding musculoskeletal

14 disorders. The study is intended to evaluate the

15 basic questions about diagnosis and causes of such

16 disorders. Given the uncertainty and dispute about

17 these basic questions, and Congress’ intention that

18 they be addressed in a comprehensive study by the

19 National Academy of Sciences, it is premature for

20 OSHA to propose a regulation on ergonomics as

21 being necessary or appropriate to improve workers’

22 health and safety until such study is completed.

23 (3) An August 1998 workshop on ‘‘work related

24 musculoskeletal injuries’’ held by the National Acad25 emy of Sciences reviewed existing research on mus26 culoskeletal disorders. It showed that there is insuf-
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1 ficient evidence to assess the level of risk to workers

2 from repetitive motions.

3 (4) A July 1997 report by the National Insti4 tute for Occupational Safety and Health (NIOSH)

5 reviewing epidemiological studies that have been con6 ducted of ‘‘work related musculoskeletal disorders of

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

8 that there is insufficient evidence to assess the level

9 of risk to workers from repetitive motions. Such evi10 dence would be necessary to write an efficient and

11 effective regulation.

12 SEC. 3. DELAY OF STANDARD, REGULATION OR GUIDELINE.

13 The Secretary of Labor, acting through the Occupa14 tional Safety and Health Administration, may not propose

15 or issue in final form any standard, regulation, or guide16 line on ergonomics until—

17 (1) the National Academy of Sciences—

18 (A) completes a peer-reviewed scientific

19 study, as mandated by Public Law 105–277, of

20 the available evidence examining a cause and

21 effect relationship between repetitive tasks in

22 the workplace and musculoskeletal disorders or

23 repetitive stress injuries; and
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1 (B) submits to Congress a report setting

2 forth the findings resulting from such study;

3 and

4 (2) the expiration of the 30-day period begin5 ning on the date on which the final report under

6 paragraph (1)(B) is submitted to Congress.

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