Expensive ergonomic regulation, despite being rejected by voters, is again being pushed by the legislature

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Senate Bill 5217, currently under consideration by the Washington Senate, despite bi-partisan opposition to previous versions of the bill (House Bill 1837) the bill, would allow Labor and Industries (L&I) to impose expensive ergonomic regulations on employers.

Almost 20 years ago, Initiative 841 passed at the ballot box, with voters rejecting the additional regulations and repealing the ergonomic regulations imposed by L&I. At the time of the initiative, workplace safety had improved dramatically over the preceding years and continues to do so today.

In the 1930s, injuries on the job killed 38 workers per 100,000 people employed. Today, workplace fatalities have been reduced by more than 90%. Nationally, workplace ergonomic disorders have declined 26% over the last two decades years. Washington has shared in this trend. Ergonomic injuries in our state have fallen significantly since 1996. For example: back disorder claims fell 19%, carpal tunnel syndrome claims fell 27%, and neck and arm disorder claims fell 16% (from 1996), all in the absence of state-mandated regulations.

Employers are already required by law to provide a safe workplace for all employees. Workplace safety is regulated by L&I, including the ergonomic issues that Senate Bill 5217 addresses. Additionally, Senate Bill 5217 goes beyond the federal standards imposed by the Occupational Safety and Health Administration (OSHA).

Senate Bill 5217 currently explicitly excludes home offices, but with a small amendment, the regulations would also apply to tens of thousands of home workers and small business owners, giving unprecedented authority to L&I to regulate workspaces in personal homes.

Senate Bill 5217 is unnecessary and would add significant additional costs to employers just as the economy is emerging from a pandemic. The bill also creates more government bureaucracy and cost to the taxpayers of Washington.

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