OSHA's ergonomics litigation record: Three strikes and it's out

Journal of Labor Research

Volumn 22, Issue 1, 2001, Pages 55-74

  Scalia, Eugene ^a  

^a Gibson Dunn and Crutcher LLP   (United States)

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[No Author keywords available]

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EID: 20144384392     PISSN: 01953613     EISSN: None     Source Type: Journal    
DOI: 10.1007/s12122-001-1003-1     Document Type: Article

References (17)

1. Merriam Webster's Collegiate Dictionary, 10th ed. (Springfield, Mass.: Merriam Webster, 1998), p. 393.
2. Ergonomics Program; Proposed Rule, 64 Fed. Reg. 65,768, 65,817 (1999).
3. See, for example, Proposed Rule § 1910.918.
4. 64 Fed. Reg. at 65,806, 65,817.
5. With its bureaucratic taste for redundancy, OSHA calls handling - with one's hands - "manual handling." Proposed Rule § 1910.901(b).
6. Comments of the National Institute for Occupational Safety and Health (submitted in response to OSHA's Advance Notice of Proposed Rulemaking, 57 Fed. Reg. 34,192 [1992]).
7. 29 U.S.C. § 654(a)(1). The "general duty clause" is discussed later in this article.
8. See the initial comments of United Parcel Service in the California ergonomics rulemaking, which are reprinted in the record on appeal in Pulaski v. California Occupational Safety & Health Standards Board, 75 Cal. App. 4th 1315, 90 Cal. Rptr. 2d 54 (1999), at Clerk's Transcript 001386-91 (cited hereinafter as CT).
9. See Proposed Rule § 1910.922 and §§ 1910.929-35.
10. William L. Cats-Baril and John W. Frymoyer, "The Economics of Spinal Disorders," Adult Spine 1 (1991): 95.
11. Editorial, Journal of Hand Surgery, May 1995.
12. See, for example, Stanley J. Bigos et al., "A Prospective Study of Work Perceptions and Psychosocial Factors Affecting the Report of Back Injury," Spine 16 (1991): 1.
13. Peter A. Nathan et al., "Obesity as a Risk Factor for Slowing of Sensory Conduction of the Median Nerve in Industry," Journal of Occupational Medicine 34 (April 1992): 382.
14. National Institute for Occupational Safety and Health (NIOSH), Health Hazard Evaluation Report, HETA 89-299-2230: US West Communications, Phoenix, Arizona, Minneapolis, Minnesota, Denver, Colorado 2 (Washington: U.S. Department of Health and Human Services, July 1992), p. 4 (cited hereinafter as NIOSH US West Study).
15. 64 Fed. Reg. at 65,903.
16. Stover H. Snook, "The Design of Manual Lifting Tasks," Ergonomics 21 (1978): 964.
17. Comments of the National Institute for Occupational Safety and Health at 16 (emphasis added).