LANSING – Though Michigan Occupational Health and Safety Administration officials argue there is still some time before ergonomics rules would become effective and still a chance they will not happen, business groups argued Friday that a vote to move ahead with the rules Wednesday by the two commissions that launched their creation would guarantee the rules will be promulgated.

And they said that move would be another blow to the state’s business climate.

Charlie Owens, state director for the National Federation of Independent Business of Michigan and spokesperson for Michigan Businesses Against Ergo-Nonsense, said the state is already seeing ergonomic-related injuries decline, 38.8 percent between 1998 and 2004. The national decline in the injuries during that time was 32.3 percent, he said.

“This is all without these mandatory rules,” he said.

But Martha Yoder, deputy MIOSHA director, while saying the statement of clear and convincing need and regulatory impact statement had not been developed for the rules (that comes after the General Industry Safety Standards Commission and the Occupational Safety Standards Commission agree to move ahead with the rules), ergonomics-related injuries account for 40 percent of worker’s compensation claims paid in 2006 and 2007.

“Forty percent is a pretty significant number,” she said.

Owens argued some of that number was changes in how the department classifies injuries. “A back injury used to be classified as a back injury. Now it’s classified as an ergonomic injury,” he said.

“This is a great example of a bad regulation,” said Mike Johnston, vice director of regulatory affairs for the Michigan Manufacturers Association. “We’re increasing the cost of doing business; we’re increasing the cost of government; the benefit is undetermined.”

The primary cost, the groups said, is the training, and related recordkeeping, required under the proposed rules. Owens noted businesses with high turnover, like food service, could end up with substantial numbers of the training sessions and related files to track.

And he noted the draft rules exempt businesses with effective programs in place at the time the rules are adopted, but do not define what an effective program is to let businesses know if they are exempt.

Owens argued the motivation for the rules is to allow MIOSHA inspectors to more easily fine businesses for ergonomics violations. He said current general rules would allow the department to fine the most egregious violations, but the burden would be on the department to show the severity of the violation.

Though businesses have been fighting these rules, and making these arguments, for some five years, Mr. Owens said the war could come to an end next week. “If they do a formal request for rulemaking, the battle is over,” he said.

While Yoder said there have been rules that have, after public hearing, been postponed or even dropped, Owens argued that would not likely happen in this case.

And he said the Joint Committee on Administrative Rules would not likely be able to help in blocking the rules. “They would have to pass legislation in both chambers in a specific time frame and the governor would have to sign it,” he said. “That’s not going to happen.”

But the businesses groups involved in the coalition, which include the Michigan Health and Hospital Association, Michigan Grocers Association, Michigan Manufacturers Association and Michigan Home Builders Association, are still hoping Governor Jennifer Granholm or Department of Energy, Labor and Economic Growth Director Skip Pruss will step in and block the rules.

“The governor has been misinformed on this,” he said.

Owens said the groups could sue to block the rules, arguing in part that the department was supposed to show need for the rules before developing them, but he added that would not help the business climate, either. “Is that going to help the Michigan economy that businesses pile on another lawsuit against MIOSHA?” he said.

He said the rules illuminate other issues. “Long term this is a bigger issue than this rule,” he said. “This is a broken rules process.”

The two commissions will meet Wednesday at 9 a.m. in Conference Room A, General Office Building, State Secondary Complex, 7150 Harris Drive, Lansing.

This story was provided by Gongwer News Service. To subscribe, click on Gongwer.Com

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