You need a scorecard to keep track of the ergo-related lawsuits being filed

Business groups argue that OSHA’s new requirements:

  • Make employers liable for injuries aggravated, but not caused by, work;

  • Override existing workers’ compensation laws and create a “most-favored injury” status for ergonomics;

  • Are too complex to be finalized in the 11 months since the proposal was issued;

  • Do not specify which controls employers are expected to use to eliminate or reduce supposed hazards — because there is inadequate scientific evidence to establish which, if any, controls will work;

  • Waste billions of dollars and provide little or no benefit to workers;

  • Conflict with the National Labor Relations Act, the Family and Medical Leave Act, the Americans with Disabilities Act and state workers’ compensation laws;

  • Are based on inadequate science and will be much more costly than projected;

  • Leave employers at the mercy of OSHA inspectors who might second-guess any attempts to comply.

    Labor unions argue that:

  • The standard is not proactive enough — Employers must be required to fix ergonomic-related hazards before employees are injured;

  • The standard allows too much time for compliance;

  • OSHA must set a timetable for ergo requirements covering the railroad industry, construction, agriculture, and maritime industries.

    Within three weeks of the standard being published, these groups had filed court challenges: AFL-CIO; Union of Needletrades, Industrial and Textile Employees; United Steelworkers; American Iron and Steel Institute; International Brotherhood of Teamsters; Oregon AFL-CIO; National Association of Manufacturers; U.S. Chamber of Commerce; Labor Policy Association; Society for Human Resource Management; National Beer Wholesalers Association; National Coalition on Ergonomics; and Atlantic Indemnity Company.