OSHA Issues Working Draft of Proposed Ergonomics Program Standard

On March 4, 1999, OSHA issued what it calls a "Working Draft of a Proposed Ergonomics Program Standard". OSHA has decided not to wait for the National Academy of Sciences to complete its follow up study of work related repetitive stress injuries before issuing a standard. OSHA's goal is to publish a final rule in 2000.

OSHA's draft proposal mandates that employers, including small businesses, develop and implement an ergonomics program if a work related musculoskeletal disorder is reported or if the employer has either manufacturing operations or manual handling operations.

Under OSHA's proposed standard, employers would be required to develop and implement an ergonomics program which includes employee participation; ongoing audit of operations and records; job hazard analyses and job modification; periodic training; medical management, including access to healthcare professionals and provision of light duty; and formal in-house evaluation of the effectiveness of the ergonomics program. The requirements of the standard must be provided to employees free of charge and while they are "on the clock". Work restrictions suggested by health care professionals may have to be provided for up to six months, and during this time the employees' total normal earnings, seniority, rights and benefits would have to be maintained.

The requirements of the standard would have to be met even before an employee's musculoskeletal disorder has been determined to be a work related injury under the Workers' Compensation Law, and perhaps even if it is found not to be a compensable injury.

Further explanation of these proposals will follow in our Summer 1999 newsletter.