The War Over Worker Safety

Workers who spend their day typing on a computer or repeatedly lifting heavy boxes are among the more than 100 million Americans to receive new protections from repetitive stress injuries (RSI) under standards being issued by the Clinton administration.

The rules filed Monday are so controversial that they helped torpedo budget negotiations between the White House and Republican lawmakers. Two business groups quickly filed petitions for review of the standards; the U.S. Chamber of Commerce and the National Association of Manufacturers are among dozens of businesses and pro-business organizations that want the standards thrown out.

Organized labor had pushed for the regulations, which could force companies to alter work stations, redesign facilities or change tools once employees are found to suffer work-related injuries.

"Employers already have begun putting ergonomic programs in place," Charles Jeffress, head of the Occupational Safety and Health Administration, said in an interview. "By adding the impetus of a standard, we think we can reach out and protect more workers than are currently covered."

The standards take effect on Jan. 13, but businesses will have until October to come into compliance. Some of the 6 million work places covered by the rule may have to do little more than provide workers with information about ergonomics-related injuries and their symptoms.

If, however, a worker reports symptoms of a musculoskeletal disorder - such as carpal tunnel syndrome, back pain or tendinitis - the employer must determine whether that problem is connected to the job. If so, the worker is entitled to medical care and time off with pay. The employer must then examine more broadly if that job exposes workers to risks and take steps to reduce the hazards.

OSHA hopes the standards will prevent 460,000 workers from getting hurt on the job each year. It says 1.8 million workers have musculoskeletal injuries related to ergonomic factors, and 600,000 people miss some work because of them annually.

According to OSHA, the rules would cost businesses some $4.5 billion to implement but would reap $9 billion a year in savings from medical expenses and workers' compensation.

But business leaders sharply dispute the cost figures, citing a think-tank study that estimated costs of more than $90 billion a year.

"We do not believe that there is an adequate scientific basis that (the rule) meets the statutory requirement, and we believe it is unconstitutionally vague," said Stephen Bokat, senior vice president and general counsel of the U.S. Chamber of Commerce. The group seeks to overturn the standard in court.

Labor officials contend the new standards do not place an undue burden on employers because companies need not take preventive action against hazardous conditions.

"In some respects, the rule is quite conservative," said Peg Seminario, health and safety director for the AFL-CIO. "It requires significant level of exposure. The idea that any ache or pain is what is triggering exposure here is not the case."

Once a musculoskeletal disorder is determined to be work-related, employers must look more closely at the nature of the job to see if it exposes workers to risk factors that include:

• Repeating the same motions every few seconds
• Using a keyboard or mouse for more than four hours a day
• Repeatedly working with the hands above the head for more than two hours a day

Given the degree of opposition among Republican lawmakers, the White House had offered to allow OSHA to issue the rules this year but put off implementing them until next June, allowing the next president the opportunity to block them.

But GOP leaders balked, saying this provision did not go far enough and that once the rules were issued, the new president might have a hard time rescinding them.

That helped stall final agreement on the $350 billion labor-health-education spending bill, one of the items still to be enacted by Congress for the fiscal year that began Oct. 1.

Employers should:

• Maintain proper temperature control in the work place. Cold hands reduce a worker's ability to handle tools (and yes, a mouse and keyboard qualify as "tools") comfortably and safely.
• Provide ergonomically designed tools and workstations. A number of studies have shown that poor tool design contributes to the risk of workplace RSI. Data-entry workstations should include proper lighting and height-adjustable chairs and monitors, and keyboarders should be able to choose from a variety of keyboard types.
• Provide mechanical assistance as appropriate, for example, hoists for workers who perform repetitive lifting tasks.
• Make sure that workers are able to take frequent breaks.
• As much as possible, vary workers' tasks and job content.
• Educate Human Resources personnel about RSIs.

• Take frequent breaks. A Carnegie Mellon University study of computer-related RSIs recommends a 5-minute break from data entry every 30 minutes, noting that it does not have to be unproductive time: workers can review hard copy, hand-deliver a memo, or do an exercise.
• Ask for a different type of keyboard or tool. For example, switch from a mouse to a trackball, or vice versa.
• Maintain good posture while you are working and avoid twisting your body into awkward positions.
• Ignore any advice to "work through the pain." See a doctor and, depending on where you work, report the problem to Human Resources.
• Consider consulting a physiatrist, a physician who specializes in movement injuries and rehabilitation, or a rheumatologist, a physician who specializes in the diagnosis and treatment of joints and other aspects of the musculoskeletal system.
  

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