Dem White House hopefuls would resurrect OSHA rule

Most of the Democratic presidential candidates are promising to revisit a controversial workplace safety regulation that the Republican-led Congress overturned in 2001.

{mosads}Every Democratic White House hopeful, except for Sen. Joseph Biden Jr.  (Del.), is promising to resurrect a similar version of the Clinton administration’s ergonomics rule, which sought to reduce work-related injuries such as carpal tunnel syndrome.

Business groups, including the U.S. Chamber of Commerce and the National Association of Manufacturers, adamantly opposed the rule, claiming it would cost industry billions to comply. They also argued that it was impossible for the government to determine which so-called musculoskeletal injuries were work-related.

In a crushing blow to the AFL-CIO, the House and Senate voted to overturn the regulation under the Congressional Review Act (CRA), and it was subsequently signed by President Bush in March of 2001. The Bush administration then issued voluntary guidelines on ergonomics.

Peg Seminario, director of the AFL-CIO’s Department of Occupational Safety and Health, said unions want an administration that will firmly address ergonomics by appointing competent heads of the Department of Labor and the Occupational Safety and Health Administration (OSHA). “We need to be strong and thoughtful in proceeding on this issue because it will continue to be a big political fight,” she said.

Under the CRA, the exact ergonomics rule that was overturned cannot be reinstated, though a similar regulation could be.

Unlike his Democratic rivals, Biden does not favor a new standard.

“We don’t need new initiatives, we need new inspectors to go in and make sure [employers] are abiding by the existing law,” he said.

Former Sen. John Edwards (D-N.C.) has vigorously courted unions for their support throughout his campaign. As a senator, he opposed the Bush administration’s annulment of ergonomic standards, and he co-sponsored the Protecting America’s Workers Act to ensure that every worker is protected by federally approved safety and health standards in the workplace. “As president, I will make [the act] law,” he said. “George Bush’s voluntary guidelines have left workers exposed.”

Edwards plans to appoint a head of OSHA who is a workers’ advocate with personal experience in a workplace with safety problems “to make sure change starts at the top,” he said. “I will also empower workers by giving individuals and unions a voice in OSHA investigations,” Edwards said, adding that he plans to implement stronger penalties for violations that will have real effects on employers who repeatedly disobey the law. 

Like Edwards, Sen. Hillary Rodham Clinton (D-N.Y.) opposed overturning the ergonomics standard, contending the regulation would have helped the more than 600,000 workers every year who suffer from health problems related to repetitive motion and exertion. When she spoke on the floor against abolishing the standard, she emphasized the consequences for women, who make up 46 percent of the workforce but account for 64 percent of repetitive motion injuries.

Clinton has previously co-sponsored legislation that would reestablish ergonomics rules in the upper chamber, but she has not been outspoken about the politically divisive issue in recent years.

“Clinton supports the ergonomics rules established by the Clinton administration and reversed by President Bush in 2000,” said a spokesman for the campaign.

Sen. Barack Obama’s (D-Ill.) campaign said he would “reinstate OSHA’s ergonomics rule” while supporting a policy protecting small businesses that might be adversely affected by a new regulation.

New Mexico Gov. Bill Richardson (D) and Rep. Dennis Kucinich (D-Ohio) have systematic plans to reduce ergonomic injuries. Richardson has directed improvements in worker health and safety in New Mexico by creating a program under which any company in the state can request a free consultation to improve ergonomics in its workplace. He also conducted almost 200 ergonomic assessments and adopted strict guidelines to protect convenience store workers from late-night crimes. “And these tough new controls are in place despite this opposition and a lawsuit filed against me,” he stated. “I intend to continue this tough stance to protect workers from on-the-job hazards as president.”

Richardson outlined a plan to appoint a union member as secretary of Labor, whom he would direct to expand OSHA’s role in determining issues of workplace safety. “Although recent attempts at creating new rules were thwarted due to heavy pressure, I will fight to protect the workplaces for every worker in America and make sure that there are fair standards and that these standards are properly enforced,” he stated.

During the AFL-CIO-sponsored debate in Chicago on Aug. 8, Richardson was the only candidate to reference OSHA. “My first day as president, I will get rid of all the union-busting attorneys at the Department of Labor and OSHA and all our agencies,” he said.

Kucinich, who comes from a labor background, pushed for changes in ergonomic standards earlier in his career in Congress and wants to create a new regulation that keeps pace with the technological advances in the workplace, such as the heavier reliance on computers that leads to an increase in the incidence of carpal tunnel syndrome.

“I think that we need to look at the entire workplace and how the workplace is engineered,” he said. “We need to look at the people — the kind of chairs they have, the desks they have, the screens they have. So I’m ready every step of the way to do that.”

Former Sen. Mike Gravel (D-Alaska) and Sen. Chris Dodd (D-Conn.) also said they view the role of ergonomics as an important part of a productive, healthy work environment. While Dodd said he does not know if he will direct OSHA to come up with a new standard, a spokesman for his campaign said the senator will work with OSHA to ensure appropriate ergonomic standards are in place for the nation.

Randel Johnson, vice president of Labor, Immigration and Employee Benefits of the Chamber of Commerce, said it is “not surprising to see these candidates take this position.” Johnson, who was a co-chairman of the business-led National Coalition on Ergonomics, argued that the issue is “an easy one for Democrats to demagogue.”

He added that “the science [on this issue] is more supporting of the employers’ position than ever before.”

Klaus Marre contributed to this report.

Following publication of this article, Sen. Biden released the following statement:

“We need to guarantee American workers the safety they deserve.  I believe that all employees should be covered by regulations that ensure a safe working environment and their personal safety on the job.  I have been a supporter of OSHA regulations since my early days in the Senate and time and time again I have voted to extend OSHA regulations and have vigorously opposed efforts to restrict the application of OSHA coverage.  I oppose President Bush’s repeal of the OSHA Ergonomics mandate and would reinstate ergonomics protections.

“In addition, I am a proud cosponsor of the Protecting America's Workers Act which expands OSHA protection and penalties for OSHA violators, as well as increases protections for OSHA whistleblowers.”