PROHIBIT WORKPLACE ERGONOMICS RULES

House Bill 5447 (Substitute H-1)

Sponsor:  Rep. Rick Jones

Committee:  Commerce

Complete to 1-17-06

A SUMMARY OF HOUSE BILL 5447 AS REPORTED FROM COMMITTEE 1-17-06

The bill would amend the Michigan Occupational Safety and Health Act to prohibit the promulgation of rules and the establishing of standards regarding workplace ergonomics.

A department, board, or commission authorized under the act to promulgate rules could provide guidance, best practice information, or assistance for the voluntary implementation or practice of a workplace ergonomics program, but could not promulgate a rule or establish a standard regarding workplace ergonomics.

The term "workplace ergonomics" is defined in the bill to mean a program or practice that addresses musculoskeletal disorders that are caused by repetitive motion or stress.

MCL 408.1017

FISCAL IMPACT:

Section 354 of Public Act 156 of 2005, the FY 2006 budget for the Department of Labor and Economic Growth, prohibits funding to support the development of mandatory ergonomics rules.   Section 354 says:

. . . no funds shall be used to support the development of, or activities that promote the development of, guidelines, rules, standards, protocols, or other similar mandates that are more stringent than federal voluntary ergonomic guidelines. This section does not prohibit any person from adopting, or working with the state to develop, voluntary ergonomics standards.

 

POSITIONS:

 

The following indicated support for the bill to the House Committee on Commerce on 1-17-06:  The National Federation of Independent Business; the Michigan State Chamber of Commerce; the Michigan Manufacturers Association; the Detroit Regional Chamber of Commerce; the Insurance Institute of Michigan; the Small Business Association of Michigan; the Michigan Health and Hospital Association; the Michigan Restaurant Association; the Michigan Retailers Association; the Michigan Soft Drink Association; Beaumont Hospitals; the Michigan Homebuilders Association; and the Michigan Grocers Association.

The following indicated opposition to the bill to the House Committee on Commerce on 1-17-06:  the Department of Labor and Economic Growth; the Michigan State AFL-CIO; the International Union UAW; the Service Employees International Union (SEIU); the Communications Workers of America; UAW Locals 602 and 652; and AFT Michigan (American Federation of Teachers).

                                                                                           Legislative Analyst:   Chris Couch

                                                                                                  Fiscal Analyst:   Richard Child

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.