By John Scorza, CCH Washington Staff Writer

The Occupational Safety and Health Administration (OSHA) released its long-awaited ergonomics standard on November 22 amid opposition from Congress and employers. Business groups may challenge the proposal in court.

OSHA's standard would affect an estimated 1.6 million companies and 27 million workers. The agency claims businesses would save $9 billion due a year to reduced workplace injuries.

"Work-related musculo skeletal disorders such as back injuries and carpal tunnel syndrome are the most prevalent, most expensive and most preventable workplace injuries in the country," said Labor Secretary Alexis M. Herman.

OSHA's rule would require companies with manual handling and manufacturing jobs to set up ergonomics programs. In other companies, the rule would be triggered when an ergonomics-related injury occurs.

The U.S. Chamber of Commerce is a leading opponent of the standard. "If OSHA persists in pushing forward this ill-considered regulation, then we will meet them in court," said Randel Johnson, a chamber vice president. Earlier this year, a court forced OSHA to abandon a new compliance program when the business group claimed OSHA had overstepped its authority.

"There is a lack of consensus in the scientific and medical communities. . .to justify a rule of this magnitude," remarked Jennifer Krese of the National Association of Manufacturers (NAM). NAM called the proposal "unworkable and unnecessary."

OSHA's ergonomics standard, which would not be final until at least next year, would require covered companies to identify workplace hazards and adjust workspaces to control the hazards. Companies with established ergonomics programs could keep them in place. Other companies would be required to come into compliance within three years. Companies with 10 or fewer employees would be exempt from record keeping requirements.

OSHA's proposal is different in some ways from the draft the agency issue dearlier this year. The agency's new proposal offers a "quick-fix" option. Employers who fix hazards within 90 days would not have to implement full ergonomics programs.

OSHA had been criticized for understating the standard's cost to employers. In response, the agency revised its estimate upward from $1.75 billion to $4.2 billion a year.

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