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THE FEDERAL REGISTER.

The bureaucratic process. Examines the convoluted and vague nature of enacting laws, standards and regulations. Uses example of the Bush administration's disapproving the Occupational Safety and Health Administration (OSHA) ergonomics standard. Elimination of the OSHA program via a Federal Register notice that OSHA failed to include costs of the program. OSHA and politics. Recommendations OSHA should develop new ergonomic standards that would be more acceptable.

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THE FEDERAL REGISTER
On May 23, 2000, the Occupational Safety and Health Administration (OSHA) published a notice in the Federal Register informing the public that despite eight years of analyzing the economic impact of its proposed Ergonomics Program rule, it had failed to include the costs of the program for state and local governments (Wilson 2000 p. 1).
So, while it was estimated that the cost of the program would increase enormously, the whole point is now moot, due to the Federal Register #66:20403, which eliminates the program.
On March 20, 2001, President George W. Bush signed a joint resolution of Congress disapproving OSHA’s ergonomics standard and, at the same time, pledging to find a solution to ergonomic-related problems affecting the nation’s work force. The basic OSHA ergonomics progra

Chao: The new data released today by the Bureau of Labor statistics covering 1999 shows us where our efforts are succeeding and where we need to direct our focus as we move toward developing a 21st Century workforce. (March 28, 2 1), "Statement by Labor Secretary Elaine L> Chaoon Job-Related injuries and Illnesses," Department of Labor, Office ofPublic Affairs (OPA) Press release. a. But, Congress,under authority of the Congressional Review Act of 1996, acted to eliminatethe OSHA standard. . A look at various regulations published in the Federal Register will show the bureaucratic effects of being careful to word everything so often, and so imprecisely that many times the regulations are not only difficult to understand, but difficult to enforce. 1). Yet, it is proof once again thatgovernment works, based on who complains, protests, or approves the loudestand strongest. But, here is why the President and the Republican- motivated Congress eliminated the OPSHA standard. 1). But, theyfailed to do so. Who does what to have the ergonomics standard reemerge somewhere, even if it is in a watered-down version?" For one thing, Senator John Breaux (D, La.) introduced a bill in April, that would require the Department of Labor "to issue a new rule within two years, and said it could not have a workers'-compensation payment system that pays more than what states already offer. Together we will pursue a com- prehensive approach to ergonomics that addresses the concerns surrounding the ergonomics rule repealed here today. On interesting point in the study is that as more Americans were in the workforce than ever before, the number of ergo- nomics-related injuries continued to decline. 3) What did the now excluded standard for ergonomics cover? Create a separate pool for workers' compensation to cover ergonomic injuries which would not impact the costs to be borne by small businesses. 1).So, while it was estimated that the cost of the program would increaseenormously, the whole point is now moot, due to the Federal Register#66:2 4 3, which eliminates the program. What the business owners fear is compliance irregularities. References(Certain page numbers listed below are the pages of the web site print-outs.) Chao, E. For example, permitting the costs of ergonomic solutions at the work-place to be fully tax-deductible. Provide a means of enforcement which would be less painful for small businesses. 1) The fact is that within the 6 8-something pages of the ergonomics rule, there are so many if's, and's, or but's that any small business owner- and even larger concerns, cannot truly underst6and what it is, specifically, they need to do, when to do it, and how those costs can be amortized. . When President Bush signed this "resolution" he said: The safety and health of our Nation's Workforce is a priority for my adminis- tration. It also says injuries would have to be work-related to be covered" (Skrzynski 2 1 2). (This certainly differs from Mark Wilson's observations- see above). Crenshaw, A.B.: (2 1) "Fax Blitz Helps Kill OSHA Ergonomic Standard"Washington Post March 12, 2 1). Build a public awareness program, and gain both pro- and anti- regulation witnesses and proof.At the same time it is important for the Department of Labor and OSHA notto create a standard that requires micro-management on the part of thegovernment. To this point, new standards will have to be developed to figure out when and where, and who and what, will be covered. Who loses? Postal Service. The basic OSHA ergonomics program was issued onNovember 14, 2 and went into effect on January 16, 2 1. All general industry employers, including the U.S. The Department of Labor can also take some action under its existingenforcement authority to go after ergonomic offenders on a narrow front-concentrating only on jobs that are highly repetitive, such as typing andpoultry processing. Compared with so-called "more important" issues, the ergonomicsstandard may seem insignificant to many. What would be some recommendations to OSHA to develop new standards that would be acceptable? One example is "OSHA's ergonomics rule is a significant unfoundedregulatory mandate on the states. 4) Only work-place MSDs were to be covered. This would include constantly typing on a keyboard to addinformation to a computer data base, revise something, or merely tocorrespond regularly via electronic mail. So, again, one must raise the question: "What next? It certainlyshows one way our government works: and that it works sometimes vaguely,sometimes on behalf of pressure groups. Layne, R.D. It is interesting to read a Washington Post news story (March 12, 2 1) which states that "small business organizations...have been working ceaselessly since the rules were endorsed by President Clinton last year to focus on their members on what the groups saw as a rules' vagueness and risk to small companies." (Crenshaw 2 1 p E 3) This was headlined as a massive "fax" campaign. It is interesting to note that this was NOT the agency's proposal, butobviously a political one, with the new President strongly beholden to thebusiness community. . Congressman Roy Blunt (R. The ergonomics problem, to many employers, seems like a "made-up" reason for employees to complain, ask for some sort of medical coverage for a condition most people- even those suffering pain, don't fully comprehend. The fact that many small business complained was more than a concentrated effort to override a regulation aimed at "protecting" workers from ergonomic injuries. What should the agency do now? We will work with the Congress, the business community, and our Nations workers to address this important issue. But now, their fight seems to have been in vain as the new Bush Administration takes over and undoes many of the last- minute Clinton proposals. The summary of this change and elimination of OSHA's standard, FederalRegister #66:2 4 3, states Under the Congressional Review Act, Congress has passed and the President has signed, Public Law #1 7-5, a resolution of disapproval of OSHA's final Ergonomics Program Standard. Use medical and peer-reviewed journals to set medical standards, based on solid research. 1-2). (This 6 8-page rule is NOT attached!!) What is interesting, and prompted the use of this particular Federal Register example, is that the bureaucratic process of enacting laws, standards, and various regulations- for whatever reason- is so convoluted, and often so purposely vague that it leaves itself open to both interpretation and misinterpretation. Some frequently asked questions about this elimination of the standard need to be covered: 1) How does this final rule differ from last year's proposal? What is interesting, in this particular case, is thatthere is more than just the official record behind the scenes. There will surely be some arguments in coming months as OSHA attempts to downsize (if not downgrade) the recently-eliminated ergonomic standard. No author listed: "Ergonomics Program Standard: Frequently AskedQuestions (FAQs)" Occupational Safety and Health Administration (OSHA) 2 1www.osha-slc.gov/ergonomics-standard/faq/ergofaqfinal.html. 2). 2) What are the main problems requiring ergonomic improvements? The annualized average cost of fixing each problem job is estimated to be $25 (No author 2 1 1). A Swedish doctor who has invented a ballpoint-pen type "new" mouse says the exiting mouse requires the use of the large muscles of the arm and shoulder to make precise movements. There are many who blame the agency for "vagueness" and "needing more data", among other complaints. These muscles were designed for larger movements...to control them with the necessary accuracy requires constant tension (Patton 2 1 p. No author listed: (1999) "Congressman Blunt to RSI Victims: We NeedMore Research, Not Prevention". The agency, OSHA, is not a "political animal." It wascreated to develop a meaningful means of overseeing workplace safety, whichinvolves a lot more than unsafe working conditions. The tyranny of the majority is still in effect. Ms. Chao also continues to insist that OSHA already has sufficientstandards and guide-lines to control ergonomics-related injuries at thework place. That would have covered over 1 2 million workers at 6.1 million worksites, but does not cover those work sites otherwise covered by OSHA's construction , maritime, and agriculture standards. Ergonomics, as well assomething called carpal tunnel syndrome, is often caused by working dayafter day staring at a computer screen, or doing repetitive work. Here are some thoughts: . Of course, the President'sdecision to sign the joint resolution was echoed by Labor Secretary ElaineL. Since the original proposal of November, 1999, OSHA received more than 8, written public comments and listened to more than 2 witnesses who testified. On March 2 , 2 1, President George W. ("small" needs to be defined as a business with 1 workers or fewer). Require specific medical proof of the dangers and seriousness of ergonomic injuries, and define them under various classes- from temporary to severe. "OSHA's Ergonomics: A Costlky Unfunded Mandate for theStates" June 9, 2 ) The Backgrounder Washington DC: The HeritageFoundation. Unions have been fighting for this standard for some years. If one wants to analyze this new Law eliminating OSHA's lengthy and complex efforts, the good is obviously - for employers - saving money. "Despite more than 6.1 million ergonomic injuries since 199 and mountains of data, Congressman Roy Blunt...claims that what we need now is yet more data." (No author 2 1 p. (Signatory for OSHA) "Federal Register #66:2 4 3", datedApril 23, 2 1 Patton P. Forexample,. It is not only small business, but big business who complained about the lengthy and debatable standard, the American Trucking Association (ATA) on their web site (www.ata.org) raised fears and doubts about this original standard. (2 1) "Tomorrow's Computer Mouse" New York Times, April 12,2 1 www.nytimes.com Skrzycki, C. She realizes, however in a statement made after her meetingwith the AFL-CIO Executive Council on March 14, that ergonomics is a verycomplex issue. (2 1) "Revisitng the Killed Ergonomics Rule" WashingtonPost, March 27, 2 1. One consideration will bed those at-home workers, regularly employed, but using their home computers to link them to what used to be their regular offices. Physicians and other governmentagencies have described the symptoms and related it to conditions at thework-place. The Federal Register takes no sides, of course. In the case of the OSHA standard, despite years of research, and hearings, letters, witnesses, and various medical tests to "prove" that there was indeed injury possible from ergonomic activities, the end-result did not really satisfy enough people for it to remain on the books. We are living in times when the sides seem to pit the employer on one side against the employee on the other, each of these sides mistrusting the other. Create a standard with far fewer pages to be read, and make the writing so clear as not to be misinterpreted. . Members of Congress and regulators are beginning to think about what- if anything- should replace the 6 8-page rule...Union officials who supported the Clinton approach, say they doubt there will be a meaningful attempt to propose another rule (Skrzyxki 2 1 E 1). The annual costs of this standard to employers are estimated to be $4.5 billion, while the annual benefits it will generate are estimated to be $9.1 billion. Yet POSHA was provided only a 3 -daypublic comment period that ends June 22, 2 , and a one-day public hearingto be held in Washington on July 7" (Wilson 2 p. Musculoskeletal problems are the number one cause of employee pain and absenteeism. As a result the standard is no longer in effect, and thegovernment and employers as well as workers are no longer bound by itsrequirements. OSHA Ergonomic Standard (NYCOSH Bi-weeklywww.injuredworker.org/bbs/messages/374.html Just why is ergonomic injury such a problem when it may involved just a worker moving a mouse at a computer? Small-business groups...call (the overturn) a victory for the little guy, arguing that for big business the rules were simply an undesirable expense, but for many small enterprises they were a matter of life or death....The rules seemed to leave it up to employers to figure out what to do while offering no assurance that their efforts would be regarded as compliance (Crenshaw 2 1 p. But, to replace keyboards, to provide ergonomically-viableequipment would be costly to the various industries. Governors of thestates could have taken some action, and requested the Office of Managementand Budget (OMB) to extend the comment period to 6 or 9 days. Mo.) is one who wants more data. Bush signed a joint resolutionof Congress disapproving OSHA's ergonomics standard and, at the same time,pledging to find a solution to ergonomic-related problems affecting thenation's work force. From a review of the OSHA project, there were some shortcomings thatthe agency is responsible (and at fault) for. Because Public Law 1 7-5 invalidates the standard OSHA is hereby removing it from the Code of Federal Regulations (Federal Register 2 1 p. As a result, OSHA has now has to retract its ergonomics standard,which it had worked on for nearly a decade. Even small businesses that would have been required to make changes, at an average cost of $25 would be hard pressed to cover those expenses without a resultant effect on their profits. The worker who continues to suffer ergonomic medical problems, and finds that his employer is no longer federally (or state-) mandated to do anything about it. THE FEDERAL REGISTER On May 23, 2 , the Occupational Safety and Health Administration (OSHA) published a notice in the Federal Register informing the public that despite eight years of analyzing the economic impact of its proposed Ergonomics Program rule, it had failed to include the costs of the program for state and local governments (Wilson 2 p. Wilson, M. It is just the recordof actions taken. Despite OSHA'sstandard which went into effect last January, within two months, thepotential expenses that businesses would have to incur were wiped out bythe stroke of the President's pen.

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