12-15-2000
U.S. Chamber sues to block ergo rule
Chamber says rule is unconstitutional, unscientific and unworkable

The U.S. Chamber of Commerce has filed suit in federal court charging the Occupational Safety and Health Administration’s (OSHA) new, mammoth ergonomics rule is incomprehensible and unconstitutional.

“OSHA’s regulatory juggernaut has violated employers’ right to due process, by failing to provide a clear standard regarding which workplace circumstances or conduct would meet the obligation to control significant risk,” said Thomas Donohue Chamber President and CEO. “OSHA’s refusal to listen to reason as they pushed ahead with this ill-advised and illegal proposal is an example of irresponsible government at its worst.”

The key terms and phrases of the ergonomics rule are vague and subject to varying interpretations, according the lawsuit filed by the National Chamber Litigation center — the Chamber’s legal policy arm. The rule doesn’t specify which controls employers are expected to implement in order to eliminate or reduce supposed ergonomics hazards because there is inadequate scientific evidence to establish which, if any, controls will work.

While pursuing its legal challenge, the Chamber will continue to seek relief in Congress. Both the House and the Senate have already passed provisions prohibiting OSHA from going forward with the rule.