Whats behind court challenges to ergo rule?
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.
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