OSHA -- 2001



National Association of Manufacturers v. OSHA   (D.C. Circuit)

Ergonomics regulation overturned

In November, 2000, OSHA released its final regulation on ergonomics. This oppressive and unreasonable rule was pushed through to completion with unprecedented speed and with considerable changes from the proposed to the final versions. Large number of manufacturers were alarmed, and the NAM took action, suing the agency for acting outside its authority and outside the procedures required for such a drastic regulation. In cooperation with the National Coalition on Ergonomics, the NAM led an industry-wide effort to coordinate the legal effort in court, and a subsequent legislative effort in Congress.

Soon after the NAM filed a lengthy statement of legal issues in court, Congress stepped in to overturn the regulation by passing a joint resolution of disapproval, which, on March 20, 2001, was signed by President Bush. OSHA is prohibited from implementing the regulation, and may not issue one in substantially the same form without congressional authorization. The litigation was subsequently dismissed as moot.