article: SECTION 1. AUTHORITY TO ISSUE A RULE RELATING TO ERGONOMICS. (a) Findings.--Congress makes the following findings: (1) The National Academy of Sciences issued a report entitled `Musculoskeletal Disorders and the Workplace--Low Back and Upper Extremities' on January 18, 2001. The report was issued after the Occupational Safety and Health Administration promulgated a final rule relating to ergonomics (published at 65 Fed. Reg. 68261 (2000)). (2) According to the National Academy of Sciences, musculoskeletal disorders of the low back and upper extremities are an important and costly national health problem. An estimated 1,000,000 workers each year lose time from work as a result of work-related musculoskeletal disorders. (3) Conservative estimates of the economic burden imposed by work-related musculoskeletal disorders, as measured by compensation costs, lost wages, and lost productivity, are between $45,000,000,000 and $54,000,000,000 annually. (4) Congress enacted the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) to `assure so far as possible every working man and woman in the Nation safe and healthful working conditions,' and charged the Secretary of Labor with implementing the Act to accomplish this purpose. (5) Promulgation of a standard on workplace ergonomics is needed to address a serious workplace safety and health problem and to protect working men and women from work-related musculoskeletal disorders. Any workplace ergonomics standard should take into account the cost and feasibility of compliance with such requirements and the sound science of the National Academy of Sciences report. (b) Authority to Issue Rule.-- (1) In general.--Notwithstanding any other provision of law, not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall, in accordance with section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), issue a final rule relating to ergonomics. The standard under the final rule shall take effect not later than 90 days after the date on which the rule is promulgated. (2) Requirements for standard.--The standard described in paragraph (1) shall-- (A) address work-related musculoskeletal disorders and workplace ergonomic hazards; (B) not apply to musculoskeletal disorders that are not related to work; (C) set forth in clear terms-- (i) the circumstances under which an employer is required to take action to address ergonomic hazards; (ii) the measures required of an employer under the standard; and (iii) the compliance obligations of an employer under the standard; (D) emphasize the prevention of injuries before they occur; and (E) cover all industries where workers are exposed to workplace ergonomic hazards and there are economically and technologically feasible measures to control these hazards. (3) Basis for standard.--The standard described in paragraph (1) shall be based upon-- (A) the best available evidence, including the complete record of evidence assembled by the Department of Labor on ergonomics in Docket S-777, initiated August 3, 1992; and (B) employer and industry practices that have effectively reduced exposures to ergonomic hazards and the occurrence of work-related musculoskeletal disorders. In promulgating the standard, the Secretary shall consider existing standards on ergonomics or preventing work-related musculoskeletal disorders established by national consensus or recognized private standard setting organizations, States, and other countries. (4) Authorization.--Paragraph (1) shall be considered a specific authorization by Congress in accordance with section 801(b)(2) of title 5, United States Code, with respect to the issuance of a new ergonomic rule. (5) Prohibition.--In issuing a new rule under this subsection, the Secretary of Labor shall ensure that nothing in the rule expands the application of State workers' compensation laws. (6) Standard setting authority.--Nothing in this subsection shall be construed to restrict or alter the authority of the Secretary of Labor under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) to adopt health or safety standards (as defined in section 3(8) (29 U.S.C. 652(8)) of such Act) pursuant to section 6 (29 U.S.C. 655) of such Act. (7) Information and training materials.--The Secretary of Labor shall, prior to the date on which the new rule under this subsection becomes effective, develop information and training materials, and implement an outreach program and other initiatives, to provide compliance assistance to employers and employees concerning the new rule and the requirements under the rule.
summary: Directs the Secretary of Labor, in accordance with specified provisions of the Occupational Safety and Health Act of 1970, to issue a final rule relating to ergonomics.