Ergonomics
Position: The North
Carolina Department of Labor has issued a notice of proposed
rulemaking in which it announced its intent to adopt an ergonomics
standard which would apply to North Carolina businesses. NCCBI is
opposed to the implementation of such a standard, as there is no
evidence that such a standard would improve the safety and health of
North Carolina employees and the costs would be disproportionate to
any unknown benefit. Thus, such a standard would put North Carolina
businesses at a competitive disadvantage with businesses in other
states without a tangible benefit.
Explanation: Ergonomics is
generally defined as human engineering - an applied science concerned
with finding ways to make people safe, comfortable, and productive
while they work. In the workplace, North Carolina OSHA and federal
OSHA have attempted to regulate employers in the area of ergonomics by
issuing citations based on OSHA's general duty clause where they feel
that employees have been exposed to risks of harm from repetitive
motion injuries. However, when challenged, these citations have not
survived scrutiny, because OSHA has been unable to prove either (1)
that workplace conditions caused the injury or illness; or (2) a
feasible means of abatement.
This highlights the fact that
the evidence regarding causation of such injuries or illnesses is
uncertain. There is a lack of agreement among doctors and industrial
scientists on what causes repetitive motion injuries and how to
prevent them. One thing that is very clear is that there are numerous
factors in the equation. However, what is known is that, after 10
years of real industrial experience, the number of such workplace
injuries is on a sharp decline in North Carolina. In the past three
years they have declined by 30 percent and now represent less than 1%
of all workplace injuries, according to state government statistics.
This has occurred without a burdensome standard.
Further, this is an issue
which is national in scope. Federal OSHA has been working on a draft
ergonomics rule for 3 to 5 years. Considerable federal resources have
been devoted to this effort. While North Carolina OSHA may claim that
it is breaking barriers, what is clear is that it runs the risk of
creating artificial barriers and making North Carolina noncompetitive.
The only other state to attempt to implement such a standard,
California, has had their standard held in abeyance while legal
challenges to it are pending. And, there is almost universal agreement
that any standard would be the most costly in OSHA history. However,
there is no clear evidence that a standard would improve the
situation. Given the existing debate over the causes of repetitive
motion injuries, the lack of evidence that a standard would reduce the
incidence of repetitive motion injuries, and the potential actual
costs and competitive costs to North Carolina employers, NCCBI is
opposed to the implementation of an ergonomics standard by North
Carolina OSHA.
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