Republican-Controlled House and Senate Vote to Block OSHA's Ergonomics Rule; Clinton Administration Will Veto Measure

In the past several weeks, the ergonomics issue heated up in Congress as both chambers considered Labor, Health and Human Services (Labor-HHS) appropriations bills. The appropriations process has been used by opponents of an ergonomics standard for the past several years as the vehicle to delay the Occupational Safety and Health Administration's ergonomics rule making, and this year was no different. The business community was back at it, lobbying their friends in Congress to attach and vote for riders that would prohibit OSHA from issuing its ergonomics standard.

On June 22, the Republican-controlled Senate voted largely along party lines to block OSHA's ergonomics standard. The 57-41 vote was on an amendment to the FY 2001 Labor-HHS bill, an amendment proposed by Sen. Mike Enzi (R-Wyo.) to prohibit OSHA from issuing the rule for another year. Three Democrats (Breaux of Louisiana, Lincoln of Arkansas and Hollings of South Carolina) voted in favor of the amendment. One Republican, Arlen Specter of Pennsylvania, voted against it. Two senators were absent.

Prior to the Senate action, on June 14, 2000, the House of Representatives passed their version of the Labor-HHS appropriations bill which also contains a measure to block OSHA's ergonomics standard for a year. The rider was added in committee, and an amendment to strip the rider from the bill was voted down on the House floor (220-203), with 16 Democrats voting wrong (no), 14 Republicans voting right (yes) and 12 members not voting. The final bill is an anti-worker measure that would also cut funding for OSHA enforcement, as well as funds for job training and needed improvements in education programs.

The Clinton administration made clear in its Statement of Administration Policy on the Labor-HHS appropriations bill that the president would veto a bill containing an ergonomics rider. The statement reads "...the Committee bill includes an unacceptable language rider that would prohibit [OSHA] from finalizing its standard to protect the Nation's workers from ergonomic injuries.... [I]f the bill were presented in its current form, the President would veto the bill." The administration has made clear that it is committed to, and will issue, an ergonomics standard before the end of President Clinton's term.

The vote in the Senate came when Senate Majority Leader Trent Lott refused to let Democrats bring up an amendment on prescription drugs for Medicare recipients, unless there was a vote on Sen. Enzi's anti-ergonomics amendment. With the Clinton administration's certain veto of the bill, the Democrats agreed to a vote on the Enzi amendment in exchange for a vote on the prescription drug issue.

The votes in the House and the Senate underscored that the Chamber of Commerce and other business groups have made stopping OSHA's ergonomics standard a top priority and that Republicans are prepared to go to any lengths in attempts to stop this important worker protection measure. The vote also underscores the importance of the upcoming November elections and of electing a Congress and president who care about working people.

We will continue to press ahead and are fully confident that this anti-worker measure will be vetoed and that at the end of this year OSHA will finally issue an ergonomics standard to protect workers. But much work remains to be done. The AFL-CIO and unions will be writing and filing post-hearing briefs in the rule making, and the rule faces a certain legal challenge by industry when it is issued. Next year, there are certain to be attempts by business groups and Republicans to overturn the rule through a congressional veto or another appropriations rider. Our ultimate success in sustaining an ergonomics standard against future political attacks will be directly linked to our success in the November elections.

What You Can Do

• Inform your co-workers and family members about the outcome of both the Senate vote and House vote—of who voted to protect workers and who voted against these important protections. The House roll-call vote (vote No. 250) can be found at http://clerkweb.house.gov/evs/index.htm. The Senate roll-call vote (vote No. 143) can be found at http://www.senate.gov/legislative/vote1062/vote_00143.html.
• Call or write your members of Congress; thank them if they voted correctly and express your disappointment if they voted against protecting workers from injuries.