The American Insurance Association (AIA) urges the California Occupational Safety and Health Standards Board (Board) to reject a petition by the American Federation of Labor and Congress of International Organizations (AFL-CIO) to amend California’s ergonomics rules to incorporate the former federal ergonomics regulations.
Mark Webb, AIA vice president, state affairs, western region stated that it would be premature for California to start the rule making process before federal officials complete their national forums and decide how to address the ergonomics issue. He added that it is questionable whether California law gives the Board authority to incorporate compensation mandates into an ergonomics standard.
On March 20th of this year, President Bush signed a Joint Resolution of Congress disapproving the Occupational Safety and health Administration’s (OSHA) ergonomic standards put in place by the Clinton Administration just after the election. Following President Bush’s signature on the Joint Resolution, Labor Secretary Chao met with representatives of the business, labor and health communities and concluded consensus had not been reached on several questions:
* What is an ergonomic injury?
* How can OSHA, employers and employees determine whether an ergonomics injury was caused by work-related activities; and, if the ergonomics injury was caused by a combination of the two, what is the appropriate response.
* What are the most useful and cost-effective types of government involvement to address workplace ergonomic injuries?
These questions will be the focus of a series of forums around the country including one in Chicago (July 20) and in California (July 24).
Following the forums the Department of Labor will examine the information obtained during this review process and will develop a comprehensive plan for addressing ergonomics in the workplace. Secretary Chao has stated her intention to identify a course of action in September 2001.
Webb said the Board must act on the AFL-CIO’s petition within six months of its filing, leaving only this and its August meeting to address the petition. Therefore, he continued, it would make no sense for the Board to begin a lengthy and contentious rule making process before the U.S. Department of Labor releases its plan in September.
Topics California Workers' Compensation
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