Kitsap Peninsula Business Journal
11-7-2003
POLITICS
Voting on the ergonomics rule
By Adele Fergusen

With the decision on where Boeing will build the 7E7 yet to be made, megalopolis business folk shuddered to hear its Commercial Airlines chief Alan Mulally tell a luncheon crowd that, when it comes to Washington as a place to do business, “I think we suck.”

Sorry about the word. When I was still working for a newspaper, it was only permitted if within a necessary quote, which was the case. Mulally himself apologized for using it, but was only too eager to point out problems of obtaining permits and obeying regulations by unelected bureaucrats.

The man uttering it is co-chair of Gov. Gary Locke’s Competitiveness Council, which has urged a delay in implementing the state ergonomics regulation, repeal of which you will be voting on Nov. 4. Business hates it, labor loves it.

I’ve often thought the name of its author, the Department of Labor and Industries, should be changed to Department for Labor Against Industry. Much of what L&I does seems to be aimed at making it tougher and costlier to do business in this state. Employer is a dirty word at L&I.

Ergonomics repeal is on the ballot as Initiative 841, courtesy of the Building Industry Assn. of Washington, which says implementing it would cost nearly ten times the $80 million estimate of L&I. It’s stuck in the starting gate now. Issued in 2000, the rule was set to phase in over a few years. Then, in 2001, Congress repealed a federal ergonomics rule adopted during the Clinton administration, and Gov. Locke’s Competitiveness Council advised we put a hold on ours until we get a better handle on costs and benefits. Locke let the rule take effect but delayed enforcement. He’s in bed with labor, but he couldn’t very well ignore his own Competitiveness Council.

Only two states have ergonomics rules, us and California, which ought to tell you something. Other states that tried ergonomics rules repealed them, finding voluntary compliance preferable. We not only have one of the highest unemployment rates and gasoline taxes, but are adding a poorly written ergonomics rule to the anti-business climate Mulally was complaining about.

Your vote is to dump or not to dump. “Yes” will kill it and prohibit L&I from tinkering with ergonomics rules on musculoskeletal disorders unless the feds require it by law or regulation.

OK, what are we talking about here. One of the tasks of L&I is to set the rules governing safety and health standards for employees. The new ergonomics rule zeros in on “caution zone” jobs, meaning those that generate work-related musculoskeletal disorders, such as tendonitis, carpal tunnel syndrome, and low back disorders, jobs that require highly repetitive motion. I.e., working with your hands over your head, squatting, kneeling. Employers must identify these jobs, provide “ergonomics awareness education” to workers and supervisors and not let any worker put in more than four hours a day at such a job, aggregate, not consecutively. That could require hiring two employees where there is one now (although part timers don’t earn benefits), or giving the affected worker four hours at something else each day.

In the home building business, employers figured it would cost $2,408 per home just to comply with the rule for drywallers, roofers, and framers. The food industry estimates just the job analyses and ergonomic awareness education for a single store would cost $7,764.60. For a company with 50 stores averaging 60 employees, it’s $388,232.

By the way, when L&I wrote this rule, it generously exempted Wal-Mart and Safeway, which proves, says business, it knows the rule is a job killer and it didn’t want to drive away big corporations from doing business in this state. And since this regulation, when fully implemented, will apply to public as well as private employees, including schools and government offices, does anybody think there won’t have to be an ergonomics consultant hired for every single one of them?

Boeing’s Mulally had another pretty good line to emphasize his disgust with Washington’s treatment of business. How do you get a small business in Washington? Buy a big one and wait.

(Adele Ferguson can be reached at P.O., Box 69, Hansville, WA., 98340.)