After having the Clinton administration's ergonomics regulations repealed by Congress last spring, the Bush administration went into a planning phase for over a year and recently announced its intentions. Instead of the mandatory ergonomics rules advanced under the Clinton administration, OSHA is going to develop industry-specific "guidelines" that will be enforced under the general duty clause. The first industry-specific guidelines will be developed for the following three industries: nursing homes, grocery stores and poultry processing.
OSHA has indicated it will step up its enforcement of ergonomics related injuries under the general duty clause. Future investigations will include specific ergonomics issues that will be developed in a coordinated effort between Department of Labor attorneys and OSHA investigators. OSHA also announced the formulation of a national advisory committee on ergonomics. It will consist of 15 members selected for their expertise in the field. The committee will advise on research issues, outreach and guidelines. In addition, OSHA has appointed regional ergonomics coordinators. The regional coordinator for Utah (Region VIII based in Denver) is Terry Mitton. Terry can be reached at (303) 844-1600.
For employers, this is generally good news. The detailed regulatory scheme proposed by the Clinton administration is clearly dead under the current administration. How aggressive OSHA, and in particular UOSH in Utah, enforces ergonomics issues under the general duty clause remains to be seen.