A broad-based coalition the includes 230 public and private and employers, hospitals, business associations, agriculture, construction and other trade organizations, has filed a lawsuit against the Washington State Department of Labor & Industries’ (L&I) ergonomics standards.

The Washington Employers Concerned About Regulating Ergonomics (WE CARE), filed the lawsuit in Thurston County Superior Court asking the court to invalidate the ergonomics standards based on their vague and over-reaching nature. The lawsuit contends the regulations go too far, have no guarantee of effectiveness and will be too costly to implement.

“The Department of Labor & Industries’ ergonomics rule will have far-reaching implications that carry staggering costs for businesses both large and small in Washington State,” said Jon Warling, Chair of the WE CARE Coalition. “And because there is no credible scientific data to support the restrictive rules, we don’t even know if they will have an impact on reducing these types of injuries,” he said.
L&I adopted the standards on May 26, 2000, ignoring the business communities’ overwhelming opposition. L&I contends the rules, effective July 1, 2002, are designed to prevent injuries resulting from repetitive motion, known as musculoskeletal disorders (MSD’s). The rules target work activities considered to be in “caution zones” (jobs that require repetitive motion, lifting, working with the arms above the head, squatting or kneeling) and limit the amount of time workers can spend in these jobs.

In contrast, not even California, the only other state with an ergonomics rule, is as restrictive as Washington’s comprehensive requirements. L&I’s ergonomics requirements even go beyond the controversial federal ergonomics rule, which Congress overturned earlier this year for being too costly and unsubstantiated by science.

Experts estimate that complying with the standards will cost businesses $725 million for the first year alone — far greater than the $80 million predicted by L&I.

“These exorbitant costs for businesses come at a time when Washington State is facing a recession,” said Don Brunell, President of the Association of Washington Business (AWB).

Washington State’s chief economist last month lowered the forecast for state tax revenues, citing sluggish growth and declining consumer confidence as evidence a recession is likely.

“The reality is that L&I pushed this rule through without going through the proper cost/benefit analysis and is instead trying to find out how much this will cost and whether there will be any benefits after the fact,” said Steve Appel of the Washington State Farm Bureau, citing L&I’s ongoing demonstration projects and the Governor’s Blue Ribbon panel on ergonomics. “All of this work should have been done before the rule was adopted. Adopting the rule first and gathering the information later is clearly a violation of our state’s Administrative Procedures Act,’’ he said.

Despite the enormous cost to businesses, there exists no credible scientific data to support L&I’s rules, and L&I has offered no independent scientific data identifying either causes or solutions to perceived workplace ergonomic-related injuries. Experts acknowledge the difficulty of even proving that “ergonomic injuries” occurred as a result of workplace activities. A recent study by the Mayo Clinic found that prolonged computer use does not increase the likelihood of developing carpal tunnel syndrome — one of the most hyped ergonomic workplace injuries.

“This is clearly a case of a state agency abusing its power and pushing through a rule based on political agendas,” said Tom McCabe, President of the Building Industry Association of Washington (BIAW). “The only way to stop them is through the court process.”.