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) in-
troduced the following bill; which was referred to the Committee on Edu-
cation and the Workforce
A BILL
To provide for the reissuance of a rule relating to
ergonomics.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AUTHORITY TO ISSUE A RULE RELATING TO
ERGONOMICS.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The National Academy of Sciences issued a
report entitled ‘‘Musculoskeletal Disorders and the
Workplace—Low Back and Upper Extremities’’ on
January 18, 2001. The report was issued after the
Occupational Safety and Health Administration pro-
mulgated a final rule relating to ergonomics (pub-
lished at 65 Fed. Reg. 68261 (2000)).
(2) According to the National Academy of
Sciences, musculoskeletal disorders of the low back
and upper extremities are an important and costly
national health problem. An estimated 1,000,000
workers each year lose time from work as a result
of work-related musculoskeletal disorders.
(3) Conservative estimates of the economic bur-
den imposed by work-related musculoskeletal dis-
orders, as measured by compensation costs, lost
wages, 
and 
lost 
productivity, 
are 
between
$45,000,000,000 and $54,000,000,000 annually.
(4) Congress enacted the Occupational Safety
and Health Act of 1970 (29 U.S.C. 651 et seq.) to
‘‘assure so far as possible every working man and
woman in the Nation safe and healthful working
conditions’’ and charged the Secretary of Labor with
implementing the Act to accomplish this purpose.
(5) Promulgation of a standard on workplace
ergonomics is needed to address a serious workplace
safety and health problem and to protect working
men and women from work-related musculoskeletal
disorders. Any workplace ergonomics standard
should take into account the cost and feasibility of
compliance with such requirements and the sound
science of the National Academy of Sciences report.
(b) AUTHORITY TO ISSUE RULE.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, not later than 2 years after the
date of enactment of this Act, the Secretary of
Labor shall, in accordance with section 6 of the Oc-
cupational Safety and Health Act of 1970 (29
U.S.C. 655), issue a final rule relating to
ergonomics. The standard under the final rule shall
take effect not later than 90 days after the date on
which the rule is promulgated. The standard shall—
(A) address work-related musculoskeletal
disorders and workplace ergonomics hazards;
(B) not apply to nonwork-related musculo-
skeletal disorders that occur outside the work-
place or nonwork-related musculoskeletal dis-
orders that are aggravated by work; and
(C) set forth in clear terms—
(i) the circumstances under which an
employer is required to take action to ad-
dress ergonomics hazards;
(ii) the measures required of an em-
ployer under the standard; and
(iii) the compliance obligations of an
employer under the standard.
(2) AUTHORIZATION.—Paragraph (1) shall be
considered a specific authorization by Congress in
accordance with section 801(b)(2) of title 5, United
States Code, with respect to the issuance of a new
ergonomics rule.
(3) PROHIBITION.—In issuing a new rule under
this subsection, the Secretary of Labor shall ensure
that nothing in the rule preempts the application of
State workers’ compensation laws.
(4) STANDARD SETTING AUTHORITY.—Nothing
in this subsection shall be construed to restrict or
alter the authority of the Secretary of Labor under
the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.) to adopt health or safety stand-
ards (as defined in section 3(8) (29 U.S.C. 652(8))
of such Act) for other hazards pursuant to section
6 (29 U.S.C. 655) of such Act.
(5) INFORMATION AND TRAINING MATERIALS.—
The Secretary of Labor shall, prior to the date on
which the new rule under this subsection becomes ef-
fective, develop information and training materials,
and implement an outreach program and other ini-
tiatives, to provide compliance assistance to employ-
ers and employees concerning the new rule and the
requirements under the rule.
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