OSHA Ergonomics Legislation

Sens. Markey (D-MA) and Sullivan (R-AK) plan to introduce a bill that would mandate that OSHA issue an ergonomics rule. The Clinton administration attempted to implement an ergonomics rule, but Congress on a bipartisan basis nullified the rule with a Congressional Review Act challenge, citing how difficult it would be for businesses to comply with the rule and the immense costs of implementation.  The bill would also:

• Require OSHA issue a rule requiring employers have medical professionals at the workplace to aid injured or ill workers and provide occupational medicine consultation services;
• Quicken the timeline for abatement of willful or repeat violations of the OSH Act; and
• Change the process for an employer to obtain a stay on abatement of willful or repeat violation.

We will continue to monitor this legislation as it continues to unfold over the next few weeks.