DJ Products, Inc.

We’ve spent some time this week talking about the changing climate in Washington with regard to ergonomics and ergonomic legislation. On the campaign trail, President Obama repeatedly promised workers a healthier, safer workplace, saying he would use the full weight of his office to attack the problem of musculoskeletal injuries. Confirmation this week Hilda Solis as Obama’s new Labor secretary is expected to get the ball rolling.

Despite the fact that ergonomic systems and equipment have been repeatedly proven to significantly reduce worker injury and the exorbitant medical, insurance, disability and lost man-hour costs associated with musculoskeletal injuries, recent news reports give the impression that business owners fear the financial burden of government-regulated ergonomics. Admittedly, as one of the nation’s premier manufacturers of ergonomically-designed electric carts and motorized cart pushers, DJ Products is a bit biased on the subject. However, our considerable experience with customers from large manufacturers to small business owners indicates that rather than fearing ergonomics, savvy businessmen are embracing it, not only to protect the health and safety of their employees, but to streamline production and reduce production costs. In our experience, most purchasers of our ergonomic carts, tugs and movers recoup their investment within the first year, noting savings in medical and production costs.

In news reports of ergonomic panic, the leadership of the U.S. Chamber of Commerce appears to be fanning the flames of dissent. The chamber cites cost and potential for abuse (i.e., paying the cost of worker injuries suffered off the job) as its two main reasons for opposition. There are always some people who will try to abuse the system, but we don’t imagine that abuse will be any greater with ergonomic rules than without them. If potential abuse were the deciding factor, there wouldn’t be any government programs, so this argument is negligible.

The issue of cost, particularly in the current economy, is, of course, a consideration. However, throughout industrial history, new innovations have required some re-tooling to reap greater profit. With ergonomics, considerable benefits can be realized from minor changes: a change in position, routine or tool placement. Ergonomic equipment can be introduced gradually, a sector at a time, allowing businesses to realize immediate gains without tremendous financial outlay.

The chamber argues that regulation is unnecessary because businessmen recognize the value of ergonomics and are implementing programs without government intervention. If that’s true, then what’s the harm in regulation? The fact is that forward-thinking businessmen do recognize the value of ergonomics and they are integrating ergonomics into their operations. But many are not and their workers suffer so government acts for the common good.

But enough from us, we want to hear from you on this issue. Where do you stand on the ergonomic debate? Let us know and we’ll share your thoughts with our readers.

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.

Like actor Mickey Rourke’s amazing return to the Hollywood ring in The Wrestler, labor is back; and President Obama is in its corner cheering its revival. After eight years struggling on the ropes during the Bush administration, labor has bounced back into the Washington ring and is gaining strength — and it’s bringing the ergonomics fight with it.

“I do not view the labor movement as part of the problem; to me it’s part of the solution,” President Obama was widely quoted as saying recently. During his campaign, Obama repeatedly promised American workers a safer, healthier work environment. Industry watchers have taken that to mean a return to and an expansion of the ergonomic standards initiated during the Clinton administration but quickly rescinded under Bush. With a Democratic-controlled Congress backing him up, Obama appears to have the muscle to force ergonomics back into the legislative ring.

By naming California Democratic Representative Hilda Solis as his new Labor Secretary, Obama appears to be saying to U.S. industry and the U.S. Chamber of Commerce, a long-time vocal foe of ergonomics legislation, “Bring it on!” Although she’s still running the confirmation gauntlet, Solis has received the recommendation of the Senate Health, Education, Labor and Pensions Committee and is expected to be confirmed, possibly as soon as tomorrow.

The daughter of immigrants and union workers, Solis has long ties to labor groups and has been a champion of ergonomics in the workplace since joining the House of Representatives in 2001. Her home state of California is the only state in the U.S. that mandates ergonomic standards that force employers to provide a safe and healthy work environment for their workers. Concerned about the cost of implementing ergonomic standards, those opposed to ergonomic legislation fear that California’s tough ergonomics rules will be used to create a national model.

That Obama would eventually grapple with ergonomics to improve labor conditions has been a given since his campaign days. But there’s been a lot of speculation in the industry and in Washington about how and when Obama would try to take down ergonomic opponents. By calling Solis into his corner, Obama seems to be getting ready to enter the ring. It will be interesting to listen to the President’s State of the Union speech tomorrow night. A direct statement about ergonomics or workplace safety could indicate that the fight is on!