Battle Over Ergonomics Moves to the Courts.

With the November 2000 release of the Labor Dept's controversial rule mandating ergonomics programs at millions of work sites across the country including all foundries, the nation's new ergonomics standard is headed for the courts. Supporters and opponents of the rule have rushed to file lawsuits over various aspects of the ergonomics standard. The U.S. Court of Appeals for the District of Columbia was recently selected as the court in which to consolidate all the lawsuits that have been filed. Organizations filing suit against portions of the rule include the AFL-CIO and several individual trade unions, the U.S. Chamber of Commerce, a group of insurance companies, the American Iron and Steel Institute, and a business coalition of more than 60 trade associations and companies. Most of the business groups are challenging the rule for the following reasons: the science supporting ergonomics is inadequate, the standard is ambiguous and is based on flawed economic anal ysis, and OSHA did not follow proper procedures in developing and issuing the rule. The unions main objection to the ergonomics rule is that worker safeguards and medical treatment are not triggered until there is an injury. They would like to see an employer act when there is a hazardous situation and before a worker experiences a repetitive stress injury. Furthermore, the trade unions say the rule is inequitable because it does not cover workers in the maritime and railroad industries. On the legislative front, lawmakers may attempt in the 1071h Congress to invalidate the ergonomics rule under a never before used law known as the Congressional Review Act. Barring any congressional intervention, the legal challenge to the federal government's ergonomics standard will take center stage in 2001 and into 2002 when a decision on the validity of the rule will be made. In the meantime, the ergonomics rule is scheduled to go into effect as scheduled on October 14, 2001. It is important for all foundries to begin th e process of reviewing the requirements of this major rule.