I

107TH CONGRESS

1ST SESSION H. R. 1241

To provide for the reissuance of a rule relating to ergonomics.

IN THE HOUSE OF REPRESENTATIVES

MARCH 27, 2001

Mr. JOHN (for himself, Mr. HOUGHTON, Mr. TANNER, Mr. CRAMER, Mr.

DOOLEY of California, Mr. SPRATT, and Mr. CARSON of Oklahoma) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To provide for the reissuance of a rule relating to

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. AUTHORITY TO ISSUE A RULE RELATING TO

4 ERGONOMICS.

5 (a) FINDINGS.—Congress makes the following find6 ings:

7 (1) The National Academy of Sciences issued a

8 report entitled ‘‘Musculoskeletal Disorders and the

9 Workplace—Low Back and Upper Extremities’’ on

10 January 18, 2001. The report was issued after the
2

•HR 1241 IH

1 Occupational Safety and Health Administration pro2 mulgated a final rule relating to ergonomics (pub3 lished at 65 Fed. Reg. 68261 (2000)).

4 (2) According to the National Academy of

5 Sciences, musculoskeletal disorders of the low back

6 and upper extremities are an important and costly

7 national health problem. An estimated 1,000,000

8 workers each year lose time from work as a result

9 of work-related musculoskeletal disorders.

10 (3) Conservative estimates of the economic bur11 den imposed by work-related musculoskeletal dis12 orders, as measured by compensation costs, lost

13 wages, and lost productivity, are between

14 $45,000,000,000 and $54,000,000,000 annually.

15 (4) Congress enacted the Occupational Safety

16 and Health Act of 1970 (29 U.S.C. 651 et seq.) to

17 ‘‘assure so far as possible every working man and

18 woman in the Nation safe and healthful working

19 conditions’’ and charged the Secretary of Labor with

20 implementing the Act to accomplish this purpose.

21 (5) Promulgation of a standard on workplace

22 ergonomics is needed to address a serious workplace

23 safety and health problem and to protect working

24 men and women from work-related musculoskeletal

25 disorders. Any workplace ergonomics standard
3

•HR 1241 IH

1 should take into account the cost and feasibility of

2 compliance with such requirements and the sound

3 science of the National Academy of Sciences report.

4 (b) AUTHORITY TO ISSUE RULE.—

5 (1) IN GENERAL.—Notwithstanding any other

6 provision of law, not later than 2 years after the

7 date of enactment of this Act, the Secretary of

8 Labor shall, in accordance with section 6 of the Oc9 cupational Safety and Health Act of 1970 (29

10 U.S.C. 655), issue a final rule relating to

11 ergonomics. The standard under the final rule shall

12 take effect not later than 90 days after the date on

13 which the rule is promulgated. The standard shall—

14 (A) address work-related musculoskeletal

15 disorders and workplace ergonomics hazards;

16 (B) not apply to nonwork-related musculo17 skeletal disorders that occur outside the work18 place or nonwork-related musculoskeletal dis19 orders that are aggravated by work; and

20 (C) set forth in clear terms—

21 (i) the circumstances under which an

22 employer is required to take action to ad23 dress ergonomics hazards;

24 (ii) the measures required of an em25 ployer under the standard; and
4

•HR 1241 IH

1 (iii) the compliance obligations of an

2 employer under the standard.

3 (2) AUTHORIZATION.—Paragraph (1) shall be

4 considered a specific authorization by Congress in

5 accordance with section 801(b)(2) of title 5, United

6 States Code, with respect to the issuance of a new

7 ergonomics rule.

8 (3) PROHIBITION.—In issuing a new rule under

9 this subsection, the Secretary of Labor shall ensure

10 that nothing in the rule preempts the application of

11 State workers’ compensation laws.

12 (4) STANDARD SETTING AUTHORITY.—Nothing

13 in this subsection shall be construed to restrict or

14 alter the authority of the Secretary of Labor under

15 the Occupational Safety and Health Act of 1970 (29

16 U.S.C. 651 et seq.) to adopt health or safety stand17 ards (as defined in section 3(8) (29 U.S.C. 652(8))

18 of such Act) for other hazards pursuant to section

19 6 (29 U.S.C. 655) of such Act.

20 (5) INFORMATION AND TRAINING MATERIALS.—

21 The Secretary of Labor shall, prior to the date on

22 which the new rule under this subsection becomes ef23 fective, develop information and training materials,

24 and implement an outreach program and other ini25 tiatives, to provide compliance assistance to employ-
5

•HR 1241 IH

1 ers and employees concerning the new rule and the

2 requirements under the rule.

Æ