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House tosses workplace regulations
©Washington Post © St. Petersburg Times, published March 8, 2001 WASHINGTON -- Rarely has American business been as united in a cause as it was in trying to scuttle stringent Clinton administration regulations to prevent workplace injuries, and rarely did it work more closely with congressional Republicans to get what it wanted. As a result of this confluence of interests and a new political alignment in Washington, the House on Wednesday followed the lead of the Senate less than 24 hours earlier and voted, 223-206, to kill the rules aimed at preventing carpal tunnel syndrome, tendinitis and other health problems associated with repetitive motion, awkward postures, contact stress and other on-the-job conditions. The measure now goes to President Bush, who has indicated he will sign it. The swift action to overturn the regulations underscores that, no matter how close the November election was, the balance of power has shifted dramatically in Washington. There is no longer a Democrat in the White House to veto Republican bills. There is a Republican president to sign them. So for groups like business there is new incentive to try what might have been impossible only a few months ago. With this in mind, business organizations and GOP leaders seized the opportunity and mounted a surprise attack to get rid of the ergonomics rule, which former President Clinton endorsed last year despite business claims that it is unworkable and could cost $100-billion to implement. As lawmakers dusted off a little-used procedure to speed passage of a resolution revoking the rule, business groups mobilized -- with phone calls, e-mails and personal visits -- to bring pressure on lawmakers from both parties. Every day for a week, at 6 p.m., business lobbyists met in the office of House Majority Whip Tom DeLay, R-Texas, to discuss strategy, talk with lawmakers and count votes. At other times, they holed up in a "war room" in the Longworth House Office Building where, if they arrived early enough, they could munch on Ho-Hos, Entemann's cakes and Krispy Kreme doughnuts baked by members of the American Bakers Association, one of the leading opponents of the rule. Organized labor fought hard, too, but with less impact. An aide to one Democratic senator who voted against the rule reported receiving 10 phone calls from business people for each call he received from labor. In a blitzkrieg that lasted less than a week, corporate America scored one of its biggest victories in years, and organized labor, despite its increased clout in political campaigns over recent years, suffered a major defeat. Despite Democratic gains that produced a 50-50 split in the Senate and a narrower margin of GOP control in the House, Republicans demonstrated they still control Congress, at least when they are more disciplined and united than the Democrats. In the Senate, instead of a close vote Tuesday night reflecting the even party split, six Democrats bolted to join all 50 Republicans, producing a 56-44 victory for the GOP and its business allies. In the House Wednesday evening the repeal was backed by 206 Republicans, one independent and 16 Democrats, mostly from the South, including Florida Rep. Allen Boyd of Monticello. Florida's other Democratic representatives voted against the repeal; all the state's GOP lawmakers voted in favor of it. At the same time, 13 Republicans, mostly from New York, New Jersey and Pennsylvania, did buck their party and vote to keep the regulations. The six Democratic senators who voted in favor of a repeal are from states carried by Bush. Three of them, Sens. John Breaux, D-La.; Blanche Lincoln, D-Ark.; and Ernest Hollings, D-S.C., had voted for a proposal last year to cut off funding for finalizing the rule. Of the other three, two -- Mary Landrieu, D-La., and Max Baucus, D-Mont. -- are up for re-election next year in conservative-leaning states where business has more clout than unions. The sixth, Sen. Zell Miller, D-Ga., has lined up with Republicans on many major issues. "Business groups were emboldened by a Republican president in the White House and this was the first chance they had to flex their muscles in Congress," said Jim Manley, a spokesman for Sen. Edward Kennedy, D-Mass. The House and Senate used an unusual legislative weapon, the Congressional Review Act of 1996, to repeal the rules. That act gives Congress a streamlined way of rescinding regulations less than 60 days old by setting strict limits on debate and by barring amendments and filibusters. Clinton issued preliminary regulations in November, and the final regulations took effect on Jan. 16, four days before Bush took office. The act bars federal agencies from issuing regulations substantially similar to those repealed under the act unless Congress first approves the new regulations. Democrats said this would could prevent the Occupational Safety and Health Administration from ever issuing strong ergonomics rules. - Information from the New York Times and Associated Press was included in this report.
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