IR #98-9
Friday, March 20, 1998

Rick Rice
Dean Fryer
(415) 972-8835


SAN FRANCISCO --On March 13, 1998, the Third District Court of Appeal stayed the Sacramento Superior Court ruling regarding the ergonomics regulation adopted last year by the California Occupational Safety and Health Standards Board.

The result of this action is that the original standard adopted by the Standards Board is in effect until the Court of Appeal makes a final determination on the matter.

The regulation went into effect July 3, 1997 after adoption by the Standards Board and approval by the Office of Administrative Law. However, on October 16, 1997, Judge James T. Ford of the Sacramento Superior Court issued an order invalidating portions of the ergonomics regulation.

In response to a petition by the Standards Board, the Third District Court of Appeal ordered that Judge Ford's ruling be stayed until the Court of Appeal issues a decision on the appeal filed by the Standards Board on December 12, 1997. "With this ruling, the ergonomics regulations in its original July 3, 1997 version is currently in effect and will remain in effect until the case is decided by the Court of Appeal," said John MacLeod, Executive Officer of the board. No date has been set by the Court of Appeal to issue its decision.

To assist the public in following this issue, information and updates on the progress of the legal challenges to the ergonomics regulation are posted on the Department of Industrial Relation's web site at the Occupational Safety and Health Standards Board's Homepage.

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