California Democratic Representative Hilda Solis was confirmed yesterday as President Obama’s Secretary of Labor by a Senate vote of 80-17. The U.S. Chamber of Commerce is already said to be marshalling its forces. With a very pro-labor Solis at the helm, the chamber is anticipating a pitched battle over reinstatement — and probably toughening and expansion — of ergonomics laws instituted under Clinton but quickly wiped off the books by Bush.
Solis hails from California, the only state with ergonomics laws that have any bite to them — though Michigan is struggling to pass similar measures. California forces employers into compliance when workplace practices are found wanting. Business leaders and chamber executives fear that Solis will use the tough California model to craft national laws mandating ergonomic practices. Solis has been a persistent champion of labor rights and national ergonomics laws since her election to the U.S. House in 2001.
Solis can expect to have the President’s backing. On the campaign trail last year, Obama discussed the need to address musculoskeletal injuries, telling the Charlotte Observer that OSHA “must attack this problem with all of the tools at its disposal — regulations, enforcement, training and compliance assistance.” He is expected to reverse the Bush administration’s stance on national ergonomic standards.
The chamber considers national ergonomics standards to be “the mother of all regulations,” charging that they would cost businesses millions of dollars, which they call unconscionable at any time, but particularly given the current economy. In stumping against ergonomics regulations, the Chamber cites not only prohibitive expense, but suggests potential for substantial abuse. Opponents of ergonomics laws fear that businesses will be held legally liable for employee musculoskeletal and repetitive motion injuries that happen off the job.
“Let’s fact it: We all go through things in our lives as simple as bad sleeping habits or exercise or recreational activities that would cause our bodies to feel discomfort,” Mare Freedman, director of labor law policy for the chamber told Rob Hotakainen, a reporter with McClatchy Newspapers.
Supporters of national ergonomics laws cite rising health care costs and continuing workplace hazards that take a serious toll on U.S. workers as compelling reasons for instituting national ergonomics standards. Freedman said the chamber doesn’t dispute that providing a safe and healthy workplace is good business practice; however, the group thinks efforts should be voluntary, not mandated. Supporters of ergonomics, charge that many employers won’t act unless forced.