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The National Solid Wastes Management Association (NSWMA) hereby submits comments on the Proposed Ergonomics Standard published in the Federal Register on November 23, 1999. NSWMA is part of the Environmental Industry Associations (EIA), a non-profit trade association representing the private sector solid waste industry.

As proposed, the ergonomics rule would cover the solid waste industry. Like construction workers, however, refuse collection workers are exposed to a variety of potential hazards outside their employer's control, in constantly changing conditions. These potential hazards include heat, cold, ice, snow, rain, potholes, parked cars, street traffic, gates and fences, dogs, broken glass and other hazardous waste, and heavy lift loads. Moreover, while construction workers perform work at temporary fixed work sites and have substantial supervisory oversight, the typical solid waste worker is constantly on the move from residence to residence and has very limited supervisory oversight. Even as to those potential hazards within the employer's control, there are innumerable obstacles to abatement in the solid waste industry, including public sector competition (many public sector entities are not covered by OSHA regulations at all), extensive municipal regulations, state laws, competitive pressures, technological infeasibility, economic infeasibility, public health concerns and customer preference.

Thus, the solid waste industry involves a broad range of unique conditions which compels an exemption from OSHA's Proposed Ergonomics Standard. In addition, while NSWMA's members have taken steps to address ergonomic hazards within their control, specific data on exposures, health effects, and the efficacy of available solutions in the solid waste industry is extremely limited. For these reasons, NSWMA hereby seeks an exemption from the ergonomics rule OSHA is currently developing.

Inadequate Time. NSWMA has endeavored, in the discussion that follows, to provide a complete legal, economic, scientific and policy analysis to support this position. Nevertheless, OSHA has provided an unreasonably brief time period for the submission of written comments. While NSWMA appreciates the thirty-day extension granted by the agency, this extension is still inadequate. In addition, this extension was not granted until the very end of the original period, thus depriving the regulated community of the opportunity to plan and carry out a threemonth data collection effort. This short deadline has materially affected the scope and depth of NSWMA's comments, and has precluded the collection, analysis, and submission of significant information which would support its position. NSWMA hereby requests that OSHA extend the period for submission of written comments, data and other information.