Two recent decisions address OSHA's ability to bring enforcement proceedings under the general duty clause for ergonomic injuries in the workplace
Article Abstract:
The Occupational Safety and Health Review Commission 1997 ruling in Pepperidge Farm, Inc. was its first in favor of OSHA's ability to use the general duty clause for recognized ergonomic hazards. The commission also ruled that there must be evidence for the feasability of proposed abatement actions and their likelihood of reducing the standards materially. The US Court of Appeals for the 5th Circuit's 1997 ruling in Reich v. Arcadian Corp. held that penalties under the general duty clause cannot be levied separately for each employee exposed to a condition. These two cases frame the discussion of OSHA ergonomics enforcement and of the viability of the egregious-violator policy in asking for per-employee penalties under the general duty clause.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Ergonomic rules may jump the gun
Article Abstract:
Repetitive stress disorder, the workers' injury on the upsurge during the 1980s, is based on subjective complaints not bolstered by adequate medical and scientific evidence. One study has found job factors a minor cause of carpal tunnel syndrome. A study of 200 Michigan employers using ergonomic measures by Michigan State University and Upjohn Institute found such programs did not correlate with health. One explanation for this result could be incentives such as workers' compensation and paid disability leave leading people to attribute ailments to the workplace.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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'Let my people go,' cries labor union
Article Abstract:
The Occupational Safety and Health Administration (OSHA) has for 25 years had a regulation regarding the provision of toilets in workplaces, but July 1997 was the first time cited an employer for the denial of necessary use of such facilities. The citation occurred as part of a larger scenario of very bad working conditions at a particular Hudson Foods processing plant. The United Food and Commercial Workers plans to turn its Hudson victory into a campaign at other food-processing plants.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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