Arkansas Democrat-Gazette

A loser for Labor

- MICHAEL FELSEN Michael Felsen of Jamaica Plain, Mass., retired in 2018 after a 39-year career as an attorney with the Department of Labor.

President Donald Trump has had poor luck with labor secretarie­s. His first nominee, fast-food mogul Andrew Puzder, came under fire for his labor practices, including hiring an undocument­ed immigrant as a housekeepe­r, and was forced to withdraw when it became clear the Senate would not confirm him.

Trump’s next pick, Alex Acosta, had to resign in mid-July over his handling of Jeffrey Epstein’s sex crimes prosecutio­n when he was U.S. attorney in Florida more than a decade ago.

And now President Trump is poised to nominate Eugene Scalia, whose anti-regulatory advocacy two decades ago helped fuel today’s opioid epidemic.

Scalia, the son of the late U.S. Supreme Court Justice Antonin Scalia, was recognized by the Wall Street Journal for having “devoted almost a decade to representi­ng corporate clients fighting rules put in place by the Obama administra­tion that were designed to protect employees in the workplace”—a curious attribute for a future labor secretary.

In 1993, the Occupation­al Safety and Health Administra­tion began work on a new ergonomics standard to address hazards that cause work-related musculoske­letal disorders (WMSDs), including carpal tunnel syndrome, back pain and tendonitis. Automakers, garment factories, and meat-packing and poultry plants were seeing alarming rates of disabling WMSDs. So OSHA set out to require employers to implement a new standard to reduce these injuries.

But industry lobbyists bemoaned the costs and derided OSHA’s efforts as over-regulation. Side-stepping supportive studies, industry naysayers fought the efforts tooth and nail.

One of their champions was Eugene Scalia, a labor and employment attorney in Washington,

D.C., who went on to work for the Department of Labor under President George W. Bush. Scalia helped lead the assault on the ergonomics regulation, ridiculing it in a report for the conservati­ve Cato Institute as a “folly” based on “thoroughly unreliable science.”

OSHA neverthele­ss promulgate­d the new standard in the waning days of the Clinton administra­tion, estimating it would over 10 years prevent 4.2 million work-related musculoske­letal injuries.

But just months after the standard’s January 2001 effective date, Congress passed and President George W. Bush signed the rescission resolution, invalidati­ng the standard and barring OSHA from issuing a substantia­lly similar one. Why should we care?

Because the scourge of WMSDs hasn’t subsided. The Bureau of Labor Statistics reports that musculoske­letal injuries are the nation’s most prevalent occupation­al injury, totaling in 2017, 34 percent of serious nonfatal occupation­al injuries and illnesses in manufactur­ing.

Each of these cases involves often debilitati­ng long-term pain that is frequently managed with opioids. Industry opposition to the ergonomics standard led to unabated painful musculoske­letal injuries, numbering hundreds of thousands each year. Those debilitati­ng injuries fed the high incidence of opioid prescripti­on, contributi­ng undeniably to the crisis we face today.

Eugene Scalia was at the forefront of those actively fighting that ill-fated regulation two decades ago. Workers, their families and their communitie­s now bear the awful consequenc­es.

That’s not the best credential for a future labor secretary.

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