[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2184 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2184
To provide for the reissuance of a rule relating to ergonomics.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 17, 2002
Mr. Breaux (for himself, Mr. Specter, Mrs. Lincoln, Ms. Landrieu, Mr.
Cleland, Mr. Johnson, Mr. Baucus, Mr. Bayh, Mrs. Clinton, Mr. Dodd, Mr.
Edwards, Mr. Feingold, Mrs. Feinstein, Mr. Kennedy, Mr. Lieberman, Mrs.
Murray, Ms. Stabenow, Mr. Wellstone, Mr. Levin, Mr. Bingaman, Mr. Reed,
Mr. Harkin, Ms. Mikulski, Mr. Durbin, Mr. Jeffords, Mr. Dayton, and Ms.
Cantwell) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide for the reissuance of a rule relating to ergonomics.
Be it enacted by the Senate and House of Representatives 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 findings:
(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
promulgated a final rule relating to ergonomics (published 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 burden imposed
by work-related musculoskeletal disorders, 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 Occupational 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.
(2) Requirements for standard.--The standard described in
paragraph (1) shall--
(A) address work-related musculoskeletal disorders
and workplace ergonomic hazards;
(B) not apply to musculoskeletal disorders that are
not related to work;
(C) set forth in clear terms--
(i) the circumstances under which an
employer is required to take action to address
ergonomic hazards;
(ii) the measures required of an employer
under the standard; and
(iii) the compliance obligations of an
employer under the standard;
(D) emphasize the prevention of injuries before
they occur; and
(E) cover all industries where workers are exposed
to workplace ergonomic hazards and there are
economically and technologically feasible measures to
control these hazards.
(3) Basis for standard.--The standard described in
paragraph (1) shall be based upon--
(A) the best available evidence, including the
complete record of evidence assembled by the Department
of Labor on ergonomics in Docket S-777, initiated
August 3, 1992; and
(B) employer and industry practices that have
effectively reduced exposures to ergonomic hazards and
the occurrence of work-related musculoskeletal
disorders.
In promulgating the standard, the Secretary shall consider
existing standards on ergonomics or preventing work-related
musculoskeletal disorders established by national consensus or
recognized private standard setting organizations, States, and
other countries.
(4) 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 ergonomic rule.
(5) Prohibition.--In issuing a new rule under this
subsection, the Secretary of Labor shall ensure that nothing in
the rule expands the application of State workers' compensation
laws.
(6) 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
standards (as defined in section 3(8) (29 U.S.C. 652(8)) of
such Act) pursuant to section 6 (29 U.S.C. 655) of such Act.
(7) Information and training materials.--The Secretary of
Labor shall, prior to the date on which the new rule under this
subsection becomes effective, develop information and training
materials, and implement an outreach program and other
initiatives, to provide compliance assistance to employers and
employees concerning the new rule and the requirements under
the rule.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.
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