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Ergonomics Standard 2000, The Sequel

 

Announced in June 12, 2001
Federal Register, page 31694:

Department of Labor
Occupational Safety and Health Administration

(Docket S-777A)

Announcement of Public Forums on Ergonomics

"The Department of Labor is scheduling several public forums around the country to discuss possible approaches to addressing ergonomic hazards in the workplace. Interested persons may submit written comments in response to the three specific questions raised in this notice, and they are invited to speak on these questions at the public forums."

 

Fast Talk

These very short public forums to re-address the issue of ergonomic hazards in the workplace are limited to 1 1/2 days in Washington, DC, one day in Chicago and one day in California.

It appears Secretary Chao is hoping for a small number of very fast talkers. Last year's ergonomics hearings lasted 39 days and resulted in 17,979 pages of hearings testimony alone (this does not include the hundreds of thousands of pages of written evidence submitted).

We spoke with an employee in OSHA's Docket Office, who told us that the call for comments on the now defunct 2000 Ergonomic Standard resulted in a stack of papers "over 90 feet high, and I'm not kidding."

Apparently in an attempt to avoid another huge flood of paperwork, the Department of Labor is allowing the resubmission of documentry evidence which was previously submitted in the OSHA ergonomics rulemaking Docket S-777, last year's ergonomic effort.

Those wishing to resubmit evidence need only reference the Exhibit Number of their previous submission. The OSHA Docket elves will re-enter this evidence into the new docket (S-777A). Whether or not anyone will actually read these resubmissions is an open question.

Three Questions

This time around, written comment submissions and forum speakers have been asked to address three very specific questions:

Question 1: What is an ergonomics injury? The Department of Labor is interested in establishing an accepted definition that the Occupational Safety and Health Administration, employers and their employees can understand and apply.

Question 2: How can the Occupational Safety and Health Administration, employers and employees determine whether an ergonomics injury was caused by work-related activities or non-work-related activities; and, if the ergonomics injury was caused by a combination of the two, what is the appropriate response?

Question 3: What are the most useful and cost-effective types of government involvement to address workplace ergonomics injuries (e.g., rulemaking, guidelines, "best practices," publications/conferences, technical assistance, consultations, partnerships or combinations of such approaches)? The agency particularly invites comment on the advantages and disadvantages of each approach or combination of approaches.

 

Who Can Resubmit?

We were unable to get a clear-cut answer to the question:

"Must evidence be resubmitted by one or more of the original signatories, or can an interested party who was not an original signatory resubmit evidence in support of a position?"

The general opinion at the Docket Office seemed to be that any evidence pertinent to a position may be resubmitted by any interested party, as long as the Exhibit Number is provided.

Due Dates

Written comments must be postmarked by August 3, 2001


New written comments: provide 3 copies
Resubmissions: provide Exhibit Number assigned during hearings. These can be identified by slogging through the Docket information available at www. osha.gov. Type "Docket S-777" in the search field to bring up the evidence from the 2000 hearings.

Mail comments to:

OSHA Docket Office, Docket No. S-777A, U.S. Department of Labor, 200 Constitution Ave NW, Room N-2625, Washington D.C. 20210.

Comments of 10 pages or less may be faxed to the Docket Office at (202) 693-1648.