Locke orders delay on ergonomics rules

Enforcement will be put off for two years

DAVID AMMONS, THE ASSOCIATED PRESS

Originally published Wednesday, March 6, 2002

OLYMPIA -- Gov. Gary Locke is moving ahead with workplace ergonomics rules but has agreed to a two-year delay in enforcing the regulations.

His decision, announced at a Capitol news conference on Tuesday, managed to anger both labor and business.

Labor forces, who wanted immediate implementation of the country's most sweeping ergonomics rules, called it a sellout to business. Business groups, who want the regulations scrapped altogether, called the plan costly and unscientific.

Using its legal authority to protect employees from injury in the workplace, the state Department of Labor and Industries handed down regulations in May 2000.

The rules require employers to come up with ways to prevent an estimated 50,000 annual cases of carpal tunnel syndrome and other work-related injuries caused mostly by repetitive motions.

With Locke's blessing, the rule will take effect July 1 for companies with 50 or more workers in the highest risk industries. These include contractors, masonry and stonework, carpentry, roofing, sawmills, groceries, landscaping, and nursing and personal care.

By then, the companies are supposed to identify workplace hazards and educate their workers about how to avoid musculoskeletal injuries. Those companies have until July of next year to reduce the hazards "to the degree feasible."

The rule will be implemented for smaller and less risky workplaces over the next four years. For most offices, where some workers have reported injuries caused by repetitive typing, the rule would take effect in July 2003.

But enforcement will be delayed for two years after the rule takes effect.

Locke said a blue-ribbon panel of national experts has concluded that Washington's rules are understandable, enforcement policies are fair and consistent, demonstration projects have been successful and that effective educational materials are widely available.

Locke said the panel wants to see more work on educating employers and more intensive demonstration projects.

The rules have been under fire, both in the Legislature and in the courts. Congress has repealed ergonomics regulations handed down during the Clinton administration.

Locke said he is proceeding with the regulations and will veto any bills that repeal or water down the rules.

"I believe the rule must stand," he said. "It's a good rule."

In a statement released later, the governor said, "We must pursue all feasible solutions to prevent workplace injuries that can be economically avoided. Accordingly, the ergonomics rule will go into effect as written."

But he said he's ordering a two-year delay in enforcement, including any monetary penalties. In each case, the two years will start tolling once the original implementation date arrives.

"I believe there is a lot of misinformation and confusion about the requirements of the rule," Locke said.

"There is some fear in some industries that these new rules might require costly investments in new equipment, ergonomics consultants and detailed studies," he said. "I believe these fears are unfounded."

"However, as the national leader, it is incumbent upon us to proceed carefully."

Locke told reporters that business concerns will "subside once they understand just how we plan to implement the rule. There are easy-to-administer, cost-effective, economical changes that can take place that in fact reduce these types of repetitive injuries."

The Olympian Copyright 2002

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