Senate repeals Clinton workplace injury rule

In this story: Democrats: A direct hit on workers Chao promises to address ergonomics GOP: Rules were 'fatally flawed' RELATED STORIES, SITES

From CNN Capitol Hill Producer Dana Bash

Washington (CNN) - In the face of intense opposition from organized labor, Republicans in the U.S. Senate pushed through legislation Tuesday repealing a last-minute Clinton administration rule designed to prevent workplace injuries that big business deemed overreaching and too costly.

The resolution passed by a vote of 56-44 , with 6 Democrats supporting the measure.

The House of Representatives plans to take up the legislation on Wednesday. President Bush has indicated he will sign the legislation.

"It's probably the most expensive, intrusive regulation ever promulgated certainly by the Department of Labor, maybe by government entirely. It's costs are in the billion and billions of dollars," argued Sen. Don Nickles, R-Oklahoma, the bill's chief sponsor.

Republicans surprised many last week by deciding to use a little-known law called the Congressional Review Act, which enabled them overturn ergonomics regulations after just 10 hours of debate -- lightning speed for the deliberative U.S. Senate.

Democrats: A direct hit on workers

Democrats called the move to kill the regulations a direct hit on workers in America and poison for bipartisanship in Congress.

"They're coming in here with a blunderbuss and saying, 'We've got the votes. We're playing hardball,' effectively, we are going to give short shrift to the American workers," said Sen. Ted Kennedy, D-Massachusetts, who led the charge against the repeal.

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Of the six Democrats who voted to repeal the measure, two are up for re-election in 2002, Sen. Max Baucus, Montana, and Sen. Mary Landrieu, Louisiana. The other four Democrats who crossed over, Sen. Fritz Hollings, South Carolina, Sen. Zell Miller, Ga., Sen. John Breaux, La. and Sen. Blanche Lincoln, Ark., are from conservative southern states.

The Clinton administration issued Occupational Safety and Health Administration (OSHA) regulations in mid-November to force employers to adopt preventative measures to avoid workplace injuries caused by repetitive strain.

The rules went into effect in January, and businesses would have had until October to comply.

During the day-long, bitterly partisan debate, Democrats argued the legislation would not only wipe out the new regulations, it would also prevent OSHA from issuing standards in the future without Congressional approval.

Chao promises to address ergonomics

But Labor Secretary Elaine Chao sent her assurances that she intends to pursue "a comprehensive approach to ergonomics, which may include new rulemaking, that addresses the concerns levied against the current standard."

"Repetitive-stress injuries in the workplace are an important problem. I recognize this critical challenge and want you to understand that the safety and health of our nation's workforce will always be a priority during my tenure as Secretary," Chao wrote to Senate Health, Labor, Education and Pensions Chairman Jim Jeffords, R-Vermont.

"The Clinton administration (was) trying to cram through this enormously expensive, intrusive legislation as a gift to organized labor - far more complicated, far more expensive than ever dreamed of and trying to do it four days before their term expired," Nickles said.

The legislation set off the first real challenge between organized labor and the Republicans, which they traditionally campaign against, since the GOP took control of both the White House and Congress.

It set off a last-minute lobbying frenzy from both labor and business groups, both sides warning lawmakers their vote will help determine future election-year financial and grassroots support.

"There's a price to pay and we will simply lay the facts out to the American public -- these are the people who voted for this, these are the people who voted against this, make up your mind," said Richard Trumka of the AFL-CIO.

Republicans and business groups argue the regulations as written would cost employers more than a $100 billion to implement and tramples on state workers' compensation laws.

GOP: Rules were 'fatally flawed'

Calling the rules too dense and "fatally flawed," GOP lawmakers said it would force everyone from delivery workers to cashiers to stop working.

Sen. Don Nickles wants to scrap Clinton's federal regulations dealing with workplace ergonomics

"There is no way in the world that a lot of companies could comply with this rule. And so you'd be either putting them out of work, certainly out of compliance, certainly liable to a lot of money and expense for a reg that goes way too far," Nickles said.

Democrats countered that it is important to stick up for workers and pointed to scientific studies that show preventative measures save businesses millions in workers' compensation.

Sen. Hillary Rodham Clinton, D-New York, brought three female workers who were forced out of their jobs because of repetitive-stress injuries from assembly lines and computers.

"Repealing this standard would have a devastating effect on all workers, but especially on women workers. Women make up 46 percent of the workforce, but account for 64 percent of repetitive-motion injuries," said Clinton.

"The opponents of this worker health standard are not interested in changing it or improving it or ameliorating what they argue are the costs of it; they are interested in destroying it completely."

Republican Labor Secretary Elizabeth Dole launched the study of ergonomics and potential regulations in 1990.

Senate fight brews over ergonomic regulations
March 2, 2001
OSHA pushing for new regulations aimed at preventing repetitive motion injuries
March 9, 2000

Occupational Safety & Health Administration
AFL-CIO

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