NCCBI believes it's getting a bit closer to untangling the regulatory confusion caused by former state Labor Commissioner Harry Payne's determination to impose ergonomics rules on about every employer in North Carolina.

The association says it will ask new state Labor Commissioner Cherie K. Berry to make a declaratory ruling that Payne acted improperly on Nov. 14 when he adopted as a state OSHA standard ergonomics rules that were then under development by the U.S. Department of Labor. Payne's action came more than a month before the federal agency obtained permission from President Clinton to begin implementing the rules.

A number of national and state organizations, including NCCBI, have since asked the courts to throw out the U.S. Department of Labor's ergonomics rules. If those lawsuits prevail, as many observers believe they might, then North Carolina would be stuck with ergonomics rules that don't apply in any other state. That's why NCCBI asked Commissioner Berry to revoke the rules as a state standard.

Payne seized on the federal ergonomics rules after his attempt to promulgate his own state plan, which had been bitterly opposed by NCCBI, was halted by the N.C. Rules Review Commission. The commission agreed with NCCBI that Payne was violating a directive from the General Assembly barring the Labor Department from spending any tax money on ergonomics regulation.

Determined to press ahead, Payne then asked the courts to find that the Rules Review Commission was unconstitutional. Shortly after taking office, Commissioner Berry asked state Attorney General Roy Cooper to dismiss that lawsuit. “I thought it was absurd for one state agency to be suing another state agency at a cost of $200,000 to the taxpayer,” Commissioner Berry says. “Under the old lawsuit, the Labor Department basically was suing to create what would now be a second layer of rules. We're not spending $200,000 of the taxpayers' money to do that.”

Ergonomics is an emerging but still largely untested science that contends that many repetitive motion injuries such as carpal tunnel syndrome can be prevented by making adjustments to how jobs are performed. Supporters of ergonomics regulations were disappointed that the National Academy of Sciences' long-awaited report on ergonomics, which was released in late January, did not conclusively support their view.

The study concludes that while some jobs can be associated with injuries to the back, wrist and other areas, the work-injury relationship is complicated by many factors, including some that are beyond an employer's control. Business interests says the study's less-than-crystal-clear conclusions prove that the U.S. Labor Department's ergonomics regulation is “scientifically shaky” and should be overturned.

“The NAS study proves that OSHA's ergonomics regulation is nothing more than a house of cards built on a rickety foundation of questionable science and statistics,” says Jenny Krese, director of employment policy at the National Association of Manufacturers. “If there ever was any doubt that the rule should be overturned by Congress or the courts, this study removes it by underscoring both the lack of clarity about the exact causes of musculoskeletal disorders (MSDs) and the fact that the rule was issued before the Congressionally-ordered study was complete.”

Strengthening the argument by the business community that the National Academy of Sciences' study is incomplete at best was a stinging dissent written by one of the scientists who composed the panel. Dr. Robert B. Szabo, chief of the Department of Orthopedics at the University of California at Davis, particularly disagrees with the study's conclusion that carpel tunnel syndrome can be caused by performing certain jobs, particularly typing on a computer keyboard.

Szabo cited several studies which the panel ignored that undermine its conclusions. The only valid conclusion that can be reached, he says, is “it is not universally accepted that job-related factors are important determinants for predicting the appearance of carpal tunnel syndrome. In the general population, its prevalence is the same whether people perform repetitive activities or not.”

Business groups say the lack of clarify in the 450-page study supports their contention that President Bush and Congress should intervene to halt enforcement of the ergonomics regulations, which now are scheduled to go into effect in October.


Promoting Diversity with Women's Speakers Bureau

A top priority for NCCBI Chairman Mac Everett has been to involve more women in NCCBI. As part of that project, a list of women who are willing to serve on various state boards and commissions has been sent to Gov. Mike Easley. There is also an NCCBI Women's Speakers Bureau that includes more than 70 names of female professionals who are willing to speak in their areas of expertise.

This will be a valuable tool as NCCBI staff develops agendas for upcoming meetings. This list will also be shared with NCCBI members who would like to use it as a resource for potential speakers for meetings. If you would like a copy of the Women's Speakers Bureau, please contact Julie Campbell, NCCBI director of governmental affairs, at 919-836-1402.

Membership Recruitment: Good crowds turned out in Winston-Salem and Charlotte at two recent membership recruitment receptions staged by NCCBI. R.J. Reynolds, Sara Lee and Wachovia sponsored the Jan. 25 reception held at the N.C. School of the Arts. Several Charlotte business leaders, including outgoing NCCBI Chairman Mac Everett, sponsored the Feb. 15 reception at the Duke Mansion.

Film School Dean Dale Pollock welcomed NCCBI members and prospective members at the Winston-Salem reception and thanked the association for its leadership in passage of the $3.1 billion higher education bonds. Pollock said the bonds will allow the School of the Arts to expand and make much-needed repairs. NCCBI board member John Davis and J.D. Wilson, a member of NCCBI's Small Business Advisory Board, then spoke briefly about the value of their membership in the association.

Other sponsors of the Charlotte reception were Erskine Bowles of Carousel Capital, Bill Coley of Duke Power, Don Hathcock and Krista Tillman of BellSouth, David Lewis of Bank of America, Will Spence of Wachovia and NCCBI Second Vice Chairman Jim Hyler of Raleigh.

Kirk Goes to Washington: In his role as chairman of the State Board of Education, NCCBI President Phil Kirk traveled to Washington last month go discuss education issues with members of the North Carolina congressional delegation. Accompanying Kirk was State Superintendent of Public Instruction Mike Ward.

Membership News: New members from Dec. 1, 2000 to Jan. 31, 2001, include: Jim Bearden, Greenville; Bristol-Myers Squibb, Atlanta, Ga.; Design Nation, Cary; DFI Group Inc., Raleigh; Rufus L. Edmisten Law Offices, Raleigh; ENSR International, Raleigh; Fairfax Village, Lincolnton; Frank Freeman, Greensboro; Freeman Commercial Real Estate, Winston-Salem; Granville County Schools, Oxford; City of Hickory, Hickory; High Point Regional Health System, High Point; Lexington Memorial Hospital Inc., Lexington; Town of Mocksville, Mocksville; Mountain Air Country Club, Burnsville; N.C. Agribusiness Council Inc., Raleigh; N.C. Black Chamber of Commerce, Wilmington; New Hanover County Public Library, Wilmington; North Carolina's Brunswick Islands, Shallotte; Old North State Medical Society, Raleigh; OmniArchitecture, P.A., Charlotte; Pine Level Bank, Pine Level; Regency Housing Group, Raleigh; Blanche & Julian Robertson Family Foundation, Salisbury; Standard Motor Products, Wilson; Sumco's International, Philadelphia, Pa.; Volvo Commercial Finance LLC, Greensboro.

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