Masonry Magazine August 1997 Page. 11
OSHA Reform
OSHA Reform is expected to issue a bill later this summer. Last year, Congressman Ballenger had the most viable bill to reform OSHA but with heavy opposition from labor unions in an election year, the bill never moved out of committee for full House consideration.
Ergonomics
Since the early 1990's, the Occupational Safety and Health Administration has been studying the issue of ergonomics. Ergonomics is the science of adapting work or working conditions to the worker. Ergonomics injuries include repetitive strain injuries (RSI's), Cumulative Trauma Disorders (CTD) and carpal tunnel syndrome. The science is so new that little is known with regards to injury to the body resulting from job related activities versus other non- job related functions. In fact it is believed that many injuries can be attributable to factors such as age, weight, and physical condition may also contribute to ergonomic injuries.
OSHA first became involved in this issue back in March of 1995 when it issued a 600 page standard that addressed muscular skeletal disorders resulting from on the job related functions. But OSHA later rescinded the standard over strong objection from the business community which was outraged over the standard and the burden that it was placing on the business community.
As originally drafted, the proposed ergonomics standard would have been a paperwork intensive regulation costing contractors billions of dollars, resulting in lost job opportunities and higher consumer prices. The proposed standard would have burdened contractors with paper work that even professed ergonomists have problems understanding. As originally drafted, the standard would not have improved workplace safety and health.
"The MCAA feels that any ergonomics standard should be based on credible scientific evidence that has been independently peer-reviewed. Only if a scientific review of the current evidence shows that there is sufficient data to establish accurate, reliable dose response relationships and support an OSHA standard, should OSHA be allowed to develop such a standard" said Mason Contractors Association of America President Donald Grant. At the time they presented their first Ergonomics Standard, OSHA did little to study the cost impact it would have on business to comply with the new standard. More importantly, OSHA did little to study ergonomics and its cause and effect. There is little doubt that repetitive motion injuries are real. There are doubts, however, especially in the construction industry, whether these injuries are exclusively caused by factors in the workplace. Scientists and physicians are divided over the question of how exposure to, and to which, risk factors causes problems, and what should be done to prevent or cure injuries.
OSHA is expected to re-issue another Ergonomics Standard later this fall. At this time, there is no clear cut idea as to what may be in the standard, but if the first standard is any indication, business is in for a heart attack.
There are some differences this year from last year making it difficult for OSHA to implement the standard. Since the first standard was introduced, Congress passed regulatory reform which places the burden of conducting cost benefit analysis on federal agencies to determine the impact a proposed regulation would have on business. If it would have a negative affect, the regulation would have to be pulled or changed. Most elected officials, such as Congressman James Talbert, Chairman of the House Small business Committee, feel that OSHA would not be able to move forward with an Ergonomics Standard having to conduct such a cost benefit analysis.
In fact, earlier this year, OSHA sought Small Business Administration approval to circumvent the cost benefit analysis of an Ergonomics Standard which the SBA refused. Currently, there is an amendment by Representative Bonilla (R-TX) to the Department of Labor, Health and Human Services, and Education Appropriations legislation that would require OSHA to send the