WASHINGTON (Feb. 21, 2001)—The business community and its supporters in Congress seek to invalidate the Occupational Safety and Health Administration final rule on ergonomics through use of the Congressional Review Act, a five-year-old law which has never yet been invoked.
The CRA provides for the House and Senate to pass an identical joint resolution of disapproval on any agency final rule, by simple majority vote.
The president has the option to sign or veto the resolution. If he signs it, the final rule becomes null and void, and although a final rule on the subject at hand may be promulgated in the future, it cannot be reissued in "substantially the same form" as Congress rejected.
Sen. Michael Enzi, R-Wyo., an outspoken critic of OSHA, has said he wants to introduce an anti-ergonomics resolution in the Senate under the CRA.
Spokespersons for the National Association of Manufacturers said the sponsor of the Senate resolution hasn´t been determined yet. The ergonomics rule is opposed by every major association representing the tire and rubber industries, but supported by the United Steelworkers of America, which organizes rubber workers.