The steps taken by the Legislature last spring to improve our state’s business climate were long overdue. Convincing Boeing to build its next jetliner here provided the impetus, but the benefits should spread far beyond aerospace as other employers see Washington as a good place to do business.
Still, economic recovery is slow. Unemployment remains agonizingly high. Now is not the time to create new regulatory gray areas that could undermine job growth.
That’s why voters should approve Initiative 841, the only statewide measure on the Nov. 4 election ballot. I-841 would repeal ergonomics regulations adopted by the state Department of Labor &Industries, rules that seek to prevent back, joint, muscle and tendon injuries in the workplace. If I-841 fails, the rules will go into effect next summer.
The repeal effort was spearheaded by the Building Industry Association of Washington and is supported by business interests and opposed by organized labor.
It’s too bad that this issue had to come to a public vote, but an effort to repeal the rules died in the Legislature under a veto threat from Gov. Gary Locke. A legislative repeal might have preserved L&I’s ability to adopt less stringent ergonomics rules, but I-841 bars the state from adopting new ones until federal standards are established — something that’s probably a long way off.
Initiatives tend to offer blunt solutions to complex problems, and that’s the case here. They also can be self-serving, a charge that applies in this case regarding the BIAW.
But I-841 is preferable to allowing a cutting-edge but vague set of business regulations to threaten our economic recovery. The potential downside is too great. Even top Boeing officials have spoken in favor of the initiative in recent days.
The Washington State Labor Council argues that after initial costs for training and possible equipment modifications, businesses will save money by reducing time lost to injuries and workers’ compensation costs. It also notes that the rules don’t require employers to make changes that aren’t "economically feasible" and says that what some perceive as vagueness in the rules is actually flexibility.
Smart businesses have already adopted ergonomics measures voluntarily, as they should. Those who don’t will naturally incur higher costs and be less competitive. And while L&I might well enforce the rules reasonably, there is no guarantee. Unfortunately, that kind of uncertainty can be a deal-killer for major employers considering a move here. Why risk putting ourselves at a disadvantage when other states aren’t?
The Legislature can modify initiatives by a simple majority after two years. Voters should approve I-841, effectively putting off any changes for that period, after which the Legislature can consider a compromise — one that works for business and labor.
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