A bill that would allow the Department of Labor & Industries (L&I) to pursue rules preventing workplace ergonomic injuries like carpal tunnel and other “musculoskeletal” injuries is making its way through the Legislature.

In 2000, L&I adopted workplace ergonomics regulations. The rules required employers to reduce their workers’ exposure to practices that cause or contribute to musculoskeletal disorders like carpal tunnel. In 2003, Initiative 841 was passed, which repealed those rules and prohibited L&I from adopting similar rules or otherwise regulating workplace practices to prevent musculoskeletal disorders in the future unless required by federal law.

HB 1837, sponsored by Rep. Dan Bronoske (D–Lakewood), would repeal I-841 and end the ban on regulating workplace practices that contribute to musculoskeletal disorders and ergonomics. Under a floor amendment adopted in the House, the ban on regulation would remain in place for home offices unless L&I is required to regulate such practices in home offices by federal law.

Proponents of the bill argue that the science of ergonomics has changed drastically since 2000, and that there are effective methods now to reduce or prevent musculoskeletal injuries. They also argue that preventing such injuries would reduce workers’ compensation claims in industries where musculoskeletal injuries make up the majority of claims. Opponents argue that the previous rules were controversial when they were first enacted in 2000 because they were costly, burdensome to employers, and overly long and complicated. They also argue that experts are unsettled on the best ways to prevent ergonomic injuries, that existing labor laws already cover many of these practices, and that new rules would just drive up costs for employers that are already struggling during the pandemic.

The bill was passed out of the House after a long, overnight debate on a tight 50-48 vote on February 14.

Dates to remember

HB 1837 is scheduled for public hearing in the Senate Labor, Commerce, & Tribal Affairs Committee on Wednesday, February 23 at 10:30 am.