WASHINGTON - As part of a new Labor Department policy, businesses will be encouraged but not forced to make workplace changes aimed at reducing repetitive-stress injuries.
Labor unions had pushed to restore tougher Clinton-era regulations that Congress, then controlled by Republicans, repealed last year after a bitter legislative battle. Friday's announcement was a win for businesses that have lobbied hard against regulations, arguing that there is not enough scientific evidence to justify government-imposed rules.
``The Bush administration has rightfully put science ahead of politics'' by pursuing a voluntary approach, said Randy Johnson, U.S. Chamber of Commerce vice president for labor policy.
But Democrats and labor unions fumed. ``If corporate CEOs were experiencing these injuries instead of secretaries and cashiers, we would see a very different policy coming out of this administration,'' said Sen. Edward M. Kennedy, D-Mass., chairman of the Senate Health, Education, Labor and Pensions Committee.
The Labor Department during the next six months will develop Occupational Safety and Health Administration guidelines aimed at certain industries and particular tasks with high rates of injury and illness. But those industries and tasks have not been identified yet.
Occupational Safety and Health Administrator John Henshaw pledged Friday to step up enforcement and litigation efforts to reduce repetitive-stress injuries in the work force, which the agency says account for about a third of the 1.7 million job injuries annually. Businesses also will be encouraged to develop their own policies.
``Small businesses are already among the safest places to work,'' said Dan Danner, senior vice president of the National Federation of Independent Businesses, praising the new policy. ``The way to make them even safer is to work with small-business owners in a helpful way, rather than playing an adversarial, threatening role.''
Democrats and their allies have pressed Labor Secretary Elaine Chao to develop an agencywide plan to deal with workplace injuries since Congress repealed the regulations more than a year ago.
Those rules would have required employers to make changes to work stations and in some cases compensate injured workers. OSHA said the rules would have cost businesses about $4.5 billion to comply, but would have meant $9 billion in savings from reduced injuries. Business groups pegged the cost at $100 billion.
Union leaders questioned whether the Labor Department, which is facing budget cuts proposed by President Bush, has enough resources to adequately monitor and enforce job safety. Organized labor also plans to turn up pressure on Congress to provide better protection.
``After over a year of delay, the administration has today announced a meaningless measure that yet again delays action and provides workers no protections,'' said AFL-CIO President John Sweeney.
Henshaw conceded that OSHA has had little success litigating cases of ergonomics-related injuries under the agency's general duty clause, which requires an employer to furnish a workplace ``free from recognized hazards'' that could cause serious harm or death.
``I'm not here to criticize or argue the past,'' said Henshaw, appointed by President Bush and confirmed by the Senate last August. ``We could do better. We can be more aggressive.''
He cited a January settlement agreement with one of the nation's largest nursing home operators, Beverly Enterprises Inc., which agreed to adopt measures to reduce back injuries of workers who lift patients and residents. The agreement covered all of the company's 270 nursing homes, although the investigation, started in May 1991, stemmed from complaints at just a handful of facilities.
The agency also intends to designate 10 regional coordinators to focus on enforcement and outreach relating to workplace injuries. Education efforts include training grants, a new Web site and an advisory committee to identify areas that need attention. Also, a special effort will be aimed at Hispanics and immigrant workers, many of whom work in industries with high ergonomic-related hazard rates.