Chamber Files Suit to Block OSHA Ergo Rule As Unconstitutional, Unscientific and Unworkable

WASHINGTON, D.C. – The United States Chamber of Commerce filed suit this morning in federal court, charging the Occupational Safety and Health Administration's (OSHA) new, mammoth ergonomics rule is incomprehensible and unconstitutional.

"OSHA's regulatory juggernaut has violated employers' right to due process, by failing to provide a clear standard regarding which workplace circumstances or conduct would meet the obligation to control significant risk," said Thomas Donohue, Chamber President and CEO. "OSHA's refusal to listen to reason as they rushed ahead with this ill-advised and illegal proposal is an example of irresponsible government at its worst."

The key terms and phrases of the ergonomics rule are vague and subject to varying interpretations, according the lawsuit filed by the National Chamber Litigation Center – the Chamber's legal policy arm. As importantly, the rule does not specify which controls employers are expected to implement in order to eliminate or reduce supposed ergonomics hazards because there is inadequate scientific evidence to establish which, if any, controls will work in any particular workplace.

"This rule is a disservice to both workers and employers, by ignoring legitimate scientific debate over the causes of repetitive stress injuries and by inflating both the scope of the risk and the number of jobs covered," said Donohue. "If the ergo rule isn't stopped, it will waste billions of dollars and provide little or no benefit to workers."

While pursuing its legal challenge, the Chamber will continue to seek relief in Congress. Both the House and the Senate have already passed provisions prohibiting OSHA from going forward with the rule as part of the appropriations process.

The Chamber will be joined in its lawsuit by the Labor Policy Association (LPA), the Society for Human Resource Management (SHRM) and the National Beer Wholesalers Association.

The U.S. Chamber of Commerce is the world's largest business federation representing more than three million businesses and organizations of every size, sector and region.

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