Bill to Allow L&I Regulation of Ergonomics Returns

Monday, January 23, 2023 | 0

Lawmakers in Washington state could once again deliberate on whether to repeal a 2003 voter initiative prohibiting the Department of Labor & Industries from adopting workplace standards for ergonomics.

Senate Bill 5217, by Sen. Manka Dhingra, D-Redmond, would repeal statutes that effectively prevent L&I from enacting rules designed to thwart workplace musculoskeletal injuries and disorders.

The legislation is aimed at restoring the state’s “ability to more strategically address important workplace safety issues and reduce costs for all employers and workers,” the bill reads.

Sponsors of the measure say that the absence of the state’s authority to regulate practices to help prevent musculoskeletal injuries has contributed to avoidable and excessive injury claims and costs in the workers' compensation system for all employers statewide.  

According to the bill, work-related musculoskeletal injuries make up at least one-third of all comp claims, resulting in time loss and wage replacement.

Musculoskeletal disorders are also a common cause of long-term disability in the state.

Under the bill, the Department of Labor and Industries would not be permitted to adopt more than one set of rules designed to prevent musculoskeletal injuries within a 12-month period for industries and risk classes that did not previously have such rules.

About 53.5% of voters approved Measure No. 841 in November 2003. The initiative repealed ergonomics regulations L&I adopted in 2000 before they could take effect.

The initiative implemented one statute declaring the intent to “repeal an expensive, unproven rule” that will “aid in creating jobs and employing the people of Washington.” It also established another statute that explicitly prohibited L&I from adopting “any new or amended rules dealing with musculoskeletal disorder” until required by Congress to do so.

In 2022, the state House of Representatives voted 50-48 to pass HB 1837, which would have repealed the prohibition on rules addressing musculoskeletal disorders, but the measure was never called for a third and final vote in the Senate.

The Senate Committee on Labor and Commerce is holding a hearing on SB 5217 at 10:30 a.m. Tuesday.

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