Thursday, March 8, 2001
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Posted on: Thursday, March 8, 2001

Congress to repeal workplace safety regulations


By Leigh Strope
AP Labor Writer


WASHINGTON — Legislation to repeal brand new workplace safety regulations awaits President Bush's signature after an intense lobbying campaign that included assurances to lawmakers uneasy about voting against organized labor.

The measure, which would revoke ergonomics rules issued late in the Clinton administration, secured remarkably swift passage, propelled by business interests who criticized the cost and scope of the regulations and a desire by the congressional GOP leadership to give Bush his first legislative victory. The president has signaled he would sign the bill.

The House passed the legislation last night on a largely party line vote of 223-206, less than 24 hours after Senate passage, despite a vigorous fight from Democrats and labor.

Even before the House vote was finished, the White House sought to reassure critics that it would revisit the issue of workplace injuries caused by repetitive motion and other on-the-job ergonomic conditions.

"This administration is committed to protecting the health and safety of workers,'' the White House said in a statement that sought to buck up moderate Republicans and conservative Democrats. "That's why the Department of Labor will pursue a comprehensive approach to addressing this issue. There is a real concern about the overly burdensome current rules because of the negative impact they would have on jobs and economic growth.''

The ergonomics regulations from the Occupational Safety and Health Administration were aimed at preventing carpal tunnel syndrome, tendinitis and other health problems associated with repetitive motion, awkward postures, contact stress and the like. If such injuries were reported, adjustments to work stations would have been required.

Rep. Nancy Johnson, R-Conn., who voted to repeal the regulations, said she was assured by Labor Secretary Elaine Chao before the vote that ergonomics injuries would be addressed in well-thought-out regulations that did not penalize businesses and still helped workers.

"I don't feel like I'm voting against labor. I don't feel like I'm voting against a commitment to address ergonomics in the work force,'' Johnson said. "I believe I'm just going to do it in a way that will protect jobs and also help workers the most rapidly and most effectively.''

Rep. Michael Castle, R-Del., also said Chao's promises earlier in the day helped make his decision to break with labor and vote to repeal the rules, which he thought went too far.

"I think the best way to get it corrected is to pass this and start from the beginning again,'' he said. "But it's not going to happen as soon as I'd like.'' Chao would not discuss a timetable, he said.

But Democrats said that if ergonomics regulations were so important to Republicans, they would have worked to find a compromise or asked the Labor Department to alter the rules. Instead, Republicans brought the rules to a vote with a little-used legislative maneuver that blocked any opportunity for lengthy debate, delay or compromise.

"If Republicans have their way, it will take years, millions of injuries and millions of dollars in lost revenue before new rules ever see the light of day,'' House Democratic leader Dick Gephardt said.

The OSHA regulations covered 102 million workers at 6.1 million work sites. The agency said the rules would prevent 4.6 million musculoskeletal disorders, and mean average annual savings to business of $9.1 billion in the first 10 years they were in effect. Businesses were given until October to comply.

Opponents of the regulations put the real cost much higher — as much as $100 billion a year in compliance expenses, and said state worker compensation laws would be pre-empted in some cases.

"OSHA made a major miscalculation in presenting a regulation that was so bad and so overreaching that it generated an extraordinary grassroots outcry from small and large employers who simply would not sit back and accept it,'' said Jerry Jasinowski, president of the National Association of Manufacturers.

Organized labor and Democrats worked furiously to hold onto support by moderate Republicans and conservative Democrats who had voted with them on previous ergonomics legislation and other union-favored issues, but could not maintain the coalition.

Rep. George Miller, D-Calif., said the administration's promises to address workplace injuries was only intended to provide political cover.

"They're pulling out all the stops,'' Miller said. "When they're done twisting arms, most of our colleagues will need these braces and protections.''

The repeal was backed by 206 Republicans, 16 Democrats and one independent. Voting against were 192 Democrats, 13 Republicans and one independent. The 56-44 vote Tuesday night in the Senate was similarly along party lines.

"A Republican leadership juggernaut in the House resorted to arm-twisting and steamroller tactics to assure a majority to crush the ergonomics standard and deliver for their big business backers,'' AFL-CIO President John Sweeney said.

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