A Renewed Battle Over Heavy Lifting

The standards institute tried in 2002 to create a general voluntary ergonomics standard. It fell the next year to a challenge by the U.S. Chamber of Commerce and other business interests, on the grounds that proper consensus hadn't been reached.

The institute's construction standard offers tools to employers to evaluate and fix workplace hazards. It suggests bringing work to waist height so employees won't have to bend over; using lighter packages of building materials; and providing rest breaks and job rotation for repetitive tasks.

Scott Schneider, director of occupational safety and health for the Laborers' Health and Safety Fund of North America, a management and labor group based in Washington, said, "Every study we had seen and every company who has instituted such programs have noted the benefits in terms of fewer injuries, less severe injuries and increased productivity.'' Schneider was a member of the committee that developed the voluntary standard.

To try to appease the industry, the standard says ergonomic fixes might reduce the risk of injury, even though eliminating them may not be possible because of "non-occupational risk factors.''

Michael Kennedy, general counsel for the Associated General Contractors of America, in Arlington, said, "Soft-tissue injuries are taken seriously, and we are trying to reduce them.'' His group is one of those appealing.

The general contractors have a "soft-tissue injury-reduction program'' that stresses stretching and being in the correct position to lift and carry.

The industry appeal asks for "immediate withdrawal of the standard,'' claiming the 74-member committee was dominated by pro-ergonomic forces that didn't represent a true consensus. The 76 percent favorable vote for the rule didn't amount to the necessary substantial agreement, the brief said, because the process was riddled with "fatal procedural deficiencies'' that didn't offer due process to the construction industry.

"Safety standards should not resemble a game of Whack-a-Mole,'' the industry appeal said, citing previous attempts to create an ergonomics standard.

Cindy Skrzycki is a regulatory columnist with Bloomberg News. She can be reached atcskrzycki@bloomberg.net.