After feeling relieved that Congress killed a mandatory ergonomics rule issued under President Clinton, industry is expressing concerns about the Bush administration's voluntary program.

Major business groups applaud the voluntary aspect, but note it is twinned with promises of enforcement under OSHA's so-called General Duty clause. In addition, businesses are awaiting the industry- and job-specific guidelines OSHA promised to develop with industry cooperation. Some industry officials fear privately that such guidelines could become the focus for inspections and citations.

"The focus on education and training to prevent ergonomics injuries promises to be more effective than reliance on new regulations and litigation, says Jerry Jasinowski, president of the National Association of Manufacturers (NAM). Jasinowski adds, however, that he has "serious reservations about the potential for overzealous enforcement and unwarranted litigation."

U.S. Chamber of Commerce vice president Randel Johnson expresses similar concerns about "how new and increased enforcement (under the new guidelines) will play out," but terms the overall plan "a balanced approach."

An OSHA spokesperson says that, other than nursing homes, no industry specific guidelines have been developed and offers no schedule for addressing specific industries. Asked if the guidelines will include engineering controls requiring purchase of new equipment such as special grips for tools and hoisting equipment, the spokesperson said she had no information to offer.

Jenny Krese, NAM human relations specialist, says her organization has not been told what industries will be targeted first, but says OSHA has promised "to keep manufacturers in the loop."

In announcing the plan, OSHA Administrator John Henshaw said his agency would start immediately to develop "industry and task-specific guidelines to reduce and prevent ergonomic injuries" and "expects to begin releasing guidelines ready for application in selected industries this year."

Enforcement, Henshaw says, will be focused on industries with serious ergonomics problems that OSHA has successfully pursued in the past, citing the Beverly Enterprises and Pepperidge Farm cases.

Senator Michael Enzi (R-Wyo.), former chairman and ranking minority member of the Senate subcommittee overseeing OSHA, says the plan gives businesses the flexibility to "implement ergonomics programs tailored to their particular needs" instead of having a one-size-fits-all rule imposed on them.

"Thousands of employers are already working to reduce ergonomic risks without government mandates," Henshaw says. Together with guidelines and enforcement, the new ergonomics plan calls for specialized training and information for businesses and sharing information on successful ergonomics programs. "We want to work with [industry] to continuously improve workplace safety and health."

AFL-CIO President John Sweeney, claiming 1.8 million workers have suffered injuries from ergonomics hazards in the year since Congress killed the Clinton rule, calls the plan "meaningless" and says labor will work through Congress for a new standard.