text: SECTION 1. AUTHORITY TO ISSUE A RULE RELATING TO ERGONOMICS.
  
      (a) Findings.--Congress makes the following findings:
              (1) The National Academy of Sciences issued a report 
          entitled `Musculoskeletal Disorders and the Workplace--Low Back 
          and Upper Extremities' on January 18, 2001. The report was 
          issued after the Occupational Safety and Health Administration 
          promulgated a final rule relating to ergonomics (published at 
          65 Fed. Reg. 68261 (2000)).
              (2) According to the National Academy of Sciences, 
          musculoskeletal disorders of the low back and upper extremities 
          are an important and costly national health problem. An 
          estimated 1,000,000 workers each year lose time from work as a 
          result of work-related musculoskeletal disorders.
              (3) Conservative estimates of the economic burden imposed 
          by work-related musculoskeletal disorders, as measured by 
          compensation costs, lost wages, and lost productivity, are 
          between $45,000,000,000 and $54,000,000,000 annually.
              (4) Congress enacted the Occupational Safety and Health Act 
          of 1970 (29 U.S.C. 651 et seq.) to `assure so far as possible 
          every working man and woman in the Nation safe and healthful 
          working conditions,' and charged the Secretary of Labor with 
          implementing the Act to accomplish this purpose.
              (5) Promulgation of a standard on workplace ergonomics is 
          needed to address a serious workplace safety and health problem 
          and to protect working men and women from work-related 
          musculoskeletal disorders. Any workplace ergonomics standard 
          should take into account the cost and feasibility of compliance 
          with such requirements and the sound science of the National 
          Academy of Sciences report.
      (b) Authority to Issue Rule.--
              (1) In general.--Notwithstanding any other provision of 
          law, not later than 2 years after the date of enactment of this 
          Act, the Secretary of Labor shall, in accordance with section 6 
          of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
          655), issue a final rule relating to ergonomics. The standard 
          under the final rule shall take effect not later than 90 days 
          after the date on which the rule is promulgated.
              (2) Requirements for standard.--The standard described in 
          paragraph (1) shall--
                      (A) address work-related musculoskeletal disorders 
                  and workplace ergonomic hazards;
                      (B) not apply to musculoskeletal disorders that are 
                  not related to work;
                      (C) set forth in clear terms--
                              (i) the circumstances under which an 
                          employer is required to take action to address 
                          ergonomic hazards;
                              (ii) the measures required of an employer 
                          under the standard; and
                              (iii) the compliance obligations of an 
                          employer under the standard;
                      (D) emphasize the prevention of injuries before 
                  they occur; and
                      (E) cover all industries where workers are exposed 
                  to workplace ergonomic hazards and there are 
                  economically and technologically feasible measures to 
                  control these hazards.
              (3) Basis for standard.--The standard described in 
          paragraph (1) shall be based upon--
                      (A) the best available evidence, including the 
                  complete record of evidence assembled by the Department 
                  of Labor on ergonomics in Docket S-777, initiated 
                  August 3, 1992; and
                      (B) employer and industry practices that have 
                  effectively reduced exposures to ergonomic hazards and 
                  the occurrence of work-related musculoskeletal 
                  disorders.
          In promulgating the standard, the Secretary shall consider 
          existing standards on ergonomics or preventing work-related 
          musculoskeletal disorders established by national consensus or 
          recognized private standard setting organizations, States, and 
          other countries.
              (4) Authorization.--Paragraph (1) shall be considered a 
          specific authorization by Congress in accordance with section 
          801(b)(2) of title 5, United States Code, with respect to the 
          issuance of a new ergonomic rule.
              (5) Prohibition.--In issuing a new rule under this 
          subsection, the Secretary of Labor shall ensure that nothing in 
          the rule expands the application of State workers' compensation 
          laws.
              (6) Standard setting authority.--Nothing in this subsection 
          shall be construed to restrict or alter the authority of the 
          Secretary of Labor under the Occupational Safety and Health Act 
          of 1970 (29 U.S.C. 651 et seq.) to adopt health or safety 
          standards (as defined in section 3(8) (29 U.S.C. 652(8)) of 
          such Act) pursuant to section 6 (29 U.S.C. 655) of such Act.
              (7) Information and training materials.--The Secretary of 
          Labor shall, prior to the date on which the new rule under this 
          subsection becomes effective, develop information and training 
          materials, and implement an outreach program and other 
          initiatives, to provide compliance assistance to employers and 
          employees concerning the new rule and the requirements under 
          the rule.
target: Directs the Secretary of Labor, in accordance with specified provisions of the Occupational Safety and Health Act of 1970, to issue a final rule relating to ergonomics.
feat_title: A bill to provide for the reissuance of a rule relating to ergonomics.