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Ergonomic-related work injuries account for the majority of the country’s, and California’s, workers’ compensation costs according to recent studies. Claims for overexertion and repetitive motion injuries are commonplace in the “In” box of claims adjusters.

For that reason, regulating workplace programs to create ergonomically safe jobs has become a priority for the insurance industry. But agreeing on the types of requirements has been a seesaw ride for government officials and insurance company representatives.

Almost one year after it began collecting public comment on ergonomic workplace safety, the U.S. Department of Labor (DOL) unveiled, April 5, a comprehensive strategy to reduce ergonomic injuries. The new program is meant to replace the Clinton Administration’s Occupational Safety & Health Administration (OSHA) regulations repealed in spring of 2001.

“The now-voided regulation interfered with workers’ compensation in a number of respects,” said Bruce C. Wood, assistant general counsel for the American Insurance Association (AIA). The repeal of the Clinton Administration rules was historical. It was the first time Congress used the 1996 Congressional Review Act (CRA). Because the regulation was overturned using the CRA, OSHA is prohibited from creating a program that is “substantially similar” to it.

AIA voiced its support for the newly unveiled guidelines. “The guidelines are reasonable, and we believe they will be effective in reducing ergonomic injuries in the future,” said John Savercool, AIA vice president, federal affairs. “Most importantly to property and casualty insurers, they do not contain the specific compensation mandates that were at the heart of AIA’s opposition to the original OSHA ergonomics rule. DOL acted in the best interests of the state-based workers’ compensation system and employer community by initiating development of these realistic and voluntary guidelines.”

Employers will have a choice whether or not to follow the Bush Administration regulations; a fact that does not sit will with a group of senators who would like to see some stricter adherence to the rules. Sens. John Breaux, D-La. and Arlen Specter, R-Pa. submitted legislation April 17 that would require OSHA to formally introduce ergonomic standards within two years.

The Breaux-Specter bill is co-sponsored by 22 other senators. It would require specific compliance standards for new federal ergonomic rules.